CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, May 18, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

 

II.     INVOCATION

III.    SALUTE TO THE FLAG

1.   Motion To:         To move to open session from executive session and to keep the minutes from executive session sealed.

IV.     TO APPROVE THE CONSENT CALENDAR minus the Council Journals of April 20 and May 4.

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

B.      Alcoholic Beverage Class F

C.      Council Journals

V.        PROCLAMATIONS & PRESENTATIONS

East Providence Prevention Coalition presents awards to Councilwoman Perry, for Advocacy of the Year Award and to City Manager Richard Brown for Special Recognition a number of awards had been presented at their awards ceremony earlier that week.

VI.     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:         Conservation Commission - Reappointment (By Mayor Larisa) James Boyd, 15 Oriole Street (02916)

2.   Motion To:         Canvassing Authority - Reappointment (by Mayor Larisa) Thomas C. Riley, 3620 Pawtucket Avenue (02915)

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

1.   Motion To:         B - Full Privilege Victualer - Amend to include outdoor seating area.

COMMENTS - Current Meeting:

Jeffrey Rosenbaum, 24 Mutual Place, Providence (02906) for Yikes Entertainment Group, Inc DBA Two Jerks Pub & Grill, 446 Waterman Avenue (02914)

2.   Motion To:         Not Requiring Public Hearing - Carnival

COMMENTS - Current Meeting:

St. Martha’s Church, 2595 Pawtucket Avenue (02914) June 4-5 2010. 

VIII.  PUBLIC HEARINGS

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

2.   Motion To:         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.

COMMENTS - Current Meeting:

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

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 Eighty-eight Million Two Hundred Twenty-one Thousand ($88,221,000) Dollars nor less than Eighty-seven Million One Hundred Twenty-one Thousand ($87,121,000) 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, 2009 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, 2010 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 2010 and the 1st day of July, 2010 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2010, 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 1st day of July, 2010 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2010 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 1st day of July, 2010, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2010, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2010 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2011.

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 1st day of July, 2010 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 1st day of March, 2011 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.

SECTION III.  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:         An ordinance appropriating $1,000,000 to finance the repairs, renovations and improvements to City roads and drainage systems and authorizing $5,000,000 bonds to finance or refinance same.

COMMENTS - Current Meeting:

WHEREAS, Chapter 598 and Chapter 608 of the Public Laws of Rhode Island 2006 (collectively, the “Bond Acts”) authorize the issue of $5,000,000 bonds and notes in anticipation thereof by the City of East Providence to finance the repairs, renovations and improvements to city roads and drainage systems (hereinafter referred to as the “Project”); and

WHEREAS, the Bond Acts were duly approved by a majority of those voting on the question at a special election held November 7, 2006 said election having been called and held and the question prescribed by Section 12 of the Bond Acts presented in accordance with law, and the Bond Acts are presently in full force and effect; and

WHEREAS, pursuant to Ordinance (Chapter 424) adopted on May 15, 2007 and the Bond Acts, the City Council appropriated an amount of $2,000,000 (the “2007 Appropriated Funds”) for the purpose of the Project, and authorized the issue of $2,000,000 bonds or notes in anticipation thereof to meet such appropriation; and

WHEREAS, pursuant to such authority, the City issued its $2,000,000 General Obligation Bond Anticipation Notes dated May 24, 2007 (the “2007 Notes”); and

WHEREAS, the City issued its $2,000,000 General Obligation Bond Anticipation Notes dated May 28, 2008 (the “2008 Notes”) to refund the 2007 Notes; and

WHEREAS, pursuant to Resolution No. 13 adopted by the City Council on May 5, 2009, the City issued its $2,000,000 General Obligation Bond Anticipation Notes dated May 27, 2009 (the “2009 Notes”) to refund the 2008 Notes; and

WHEREAS, pursuant to Ordinance (Chapter 451) adopted on May 20, 2008 and the Bond Acts, the City Council appropriated an additional amount of $2,000,000 (“2008 Appropriated Funds”) for the purpose of the Project, including retirement of the notes at the maturity thereof, and authorized the issue of $2,000,000 bonds or notes in anticipation thereof to meet such appropriation; and

WHEREAS, the City wishes to appropriate the remaining amount of $1,000,000 authorized pursuant to the Bond Acts for the purpose of the Project; and

WHEREAS, pursuant to the Bond Acts, the City wishes to issue bonds in an amount not to exceed $5,000,000 to finance or refinance the Project, in part by issuing $2,000,000 bonds to refund the 2009 Notes and in part by issuing $3,000,000 bonds on a new-money basis; 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 1.  The sum of $1,000,000 is hereby appropriated for the purpose of the Project, which $1,000,000 when combined with the 2007 Appropriated Funds and the 2008 Appropriated Funds constitutes the full $5,000,000 appropriation (the “Full Appropriation”) authorized pursuant to Chapter 598 and Chapter 608 of the Public Laws of Rhode Island 2006.

SECTION 2.  The issue of $5,000,000 bonds to meet the Full Appropriation is hereby authorized pursuant to Chapter 598 and Chapter 608 of the Public Laws of Rhode Island, 2006 and the City Charter.

SECTION 3.  The estimated maximum cost of the Project, including retirement of the 2009 Notes at the maturity thereof, is $5,000,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or for the payment of interest thereon.  Prior to issuance of said bonds, funds may be advanced from the city’s general fund for Project costs.

SECTION 4.  Bonds in an amount not to exceed $5,000,000 shall be sold at public sale.  The Director of Finance and the Mayor are hereby 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 5.  The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds any and all other 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) 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 6.  The Director of Finance and the Mayor are hereby authorized to deliver the bonds to the purchasers 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 will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds to become subject to federal income taxes.

SECTION 7.  This ordinance is an affirmative action of the City Council of the City toward the issuance of the bonds in accordance with the purposes of the laws of the State of Rhode Island.  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.  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 Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 8.  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 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, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any bondholder 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 9.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

IX.     NEW BUSINESS

A.      CITY MANAGERS REPORT

1.   Motion To:         Malcolm Pirnie Contract Amendment

2.   Motion To:         Approval of contract for installation of Fire Suppression Systems Fire Stations 1, 2 & 4.

3.   Motion To:         Tax Rate 2010

B.      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 Councilman Cusack 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

          MAY 18, 2010; ROOM 101; 7:00 P.M.

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          NEW CLAIMS

 

 

ARTUR ANDRADE      $10,000.00

RM No. 10-030, Claim No. 10-026

Claim for property damage caused by a sewer backup that occurred during the rain/flooding event on March 30, 2010.  Recommend referral to insurance carrier.

Motion:  Refer the claim to the insurance carrier.

 

 

SANDRA LeBEAU       $337.03

RM No. 10-028, Claim No. 10-023

Claim for reimbursement of expenses incurred for property damage to vehicle that struck a pothole on North Broadway.  See recommendation of Director of Public Works.

Motion:  Deny the claim.

 

NATIONWIDE MUTUAL INSURANCE COMPANY       $2932.52

(INSURED: ROBERTA PILON)

RM No. 10-027, Claim No. 10-025

Claim for reimbursement of expenses paid for property damage to their insured’s vehicle as a result of striking a pothole on Roger Williams Avenue.  Recommend referral to insurance carrier.

Motion:  Refer the claim to the insurance carrier.

 

 

ROBERTA PILON       $500.00

RM No. 10-027, Claim No. 10-022

Claim for reimbursement of insurance deductible for property damage to vehicle that struck a pothole on Roger Williams Avenue.  See recommendation of Director of Public Works.

Motion:  Deny the claim.

 

 

VERONICA REIS        $315.00

RM No. 10-019, Claim No. 10-019

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of Director of Public Works.

Motion:  Approve the claim in the amount of $315.00.

 

 

LITIGATION

 

EAST PROVIDENCE SCHOOL DEPARTMENT VS. FIRSTGROUP AMERICA, INC.

C.A. No. 10-2855

Request to add the City as a plaintiff to obviate any standing defect.

Motion:  Approve adding the City of East Providence as a plaintiff.

2.   Motion To:         Charter Amendment Approval (by City Solicitor James Briden)

3.   Motion To:         Antenna Lease Agreement for 305 Lyon Avenue (by City Solicitor James Briden)

C.      COUNCIL MEMBERS

1.   EP Budget Update (by Mayor Larisa)

2.   Tax Cap Charter Amendment (by Mayor Larisa)

D.      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.   Motion To:         Joyce Boucher, 74 Bay View Avenue (02915) requesting to address the Council regarding an annual block party for Gerald Street from the corner of Bay View Ave to Crown Ave from 1pm-10pm on July 3, 2010

2.   Tracey Raposo from Post Prom Committee and EPPC and Pattie Streit from PTSA requesting to address the Council regarding the Post Prom Party being held at Healthtrax Wellness and Fitness Center on June 17, 2010.

X.      ADJOURNMENT

1.   Motion To:         Motion to Adjourn at 9:45PM

 

Approved By Council:  June 1, 2010

 

Attest:  _______________

                   City Clerk