CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF SPECIAL COUNCIL MEETING

Tuesday, November 30, 2010

7:00pm Executive Session

7:30 PM Open Session

I. EXECUTIVE SESSION

The City Council will meet in Executive Session for the purposes of discussing Lease of Real Property pursuant to R.I.G.L. 42-46-5(a)(5)

A. Review of T-Mobile Northeast, LLC Option Agreement

A motion is made to return from Executive Session by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.

II. CALL TO ORDER

III. INVOCATION

IV. SALUTE TO THE FLAG

V. 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. Alcoholic Beverage Class F

Rhode Island Film Collaborative, Black and White Fundraiser, December 4, 2010, Kay Studios, 66 Valley Street (02914)

A. Alcoholic Beverage Class F-1

1. St Francis Xavier, Portuguese School Christmas Party, December 5, 2010, 81 North Carpenter Street (02914)

2. St Francis Xavier, December 11, 2010, SFX Band Christmas Party, 81 North Carpenter Street (02914)

B. Corporate Name Change

1. Holiday Sales - Warren Avenue CVS, Inc., 640 Warren Avenue (02914) to Rhode Island CVS/Pharmacy LLC #2347, 640 Warren Avenue (02914)

2. Additional Hours - Warren Avenue CVS, Inc., 640 Warren Avenue (02914) to Rhode Island CVS/Pharmacy LLC #2347, 640 Warren Avenue (02914)

3. Holiday Sales - East Providence CVS, Inc. #247, 444 Willet Avenue (02915) to Rhode Island CVS/Pharmacy LLC #247, 444 Willet Avenue (02915)

4. Holiday Sales – Shopperstown CVS, Inc. #269, 583 Taunton Avenue (02914) to Rhode Island CVS/Pharmacy LLC #269 583 Taunton Avenue (02914)

D. Council Journals

1. Regular Council Meeting October 19, 2010

2. Regular Council Meeting November 9, 2010

3. Regular Council Meeting November 16, 2010

A motion to approve the Consent Calendar is made by Councilwoman Perry, seconded by Councilman DiTraglia and on a roll call vote it is unanimous.

VI. APPOINTMENTS

A. Board of Tenants Affairs (by Mayor Larisa)

1. Paul Lemont, 1351 S Broadway (02914)

A motion is made to approve the appointment by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.

Unanimous consent is granted for license extension for Cattails as this item was added to the docket as an addendum earlier in the day.

VII. LICENSES NOT REQUIRING PUBLIC HEARING

Liquor License Class B, Vict Not Over 50, Dance and Entertainment License - 15 Day Extension for BrunoFoods, Inc. DBA Cattails City Grille, 315 Waterman Avenue (02914)

A motion is made to approve the license extensions by Councilman DiTraglia, seconded by Councilman Cusack and on roll call vote it is unanimous.

VIII. NEW BUSINESS

A. Reports of Other City Officials

A motion is made to change the order of business on the docket and to move the resolution pertaining to the TIF by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

1. Request for Council approval of Legal Documents Village on the Waterfront Tax Increment Financing. (by Director of Planning Jeanne Boyle)

Regarding the approval of legal documents it is relayed by the Planning Director that this item does not require a vote and that the resolution covers all of the items necessary to proceed.

1. RESOLUTION OF THE CITY COUNCIL AUTHORIZING

THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS

IN CONNECTION WITH THE ISSUANCE OF UP TO $17,694,000

SPECIAL OBLIGATION TAX INCREMENT BONDS

WHEREAS, pursuant to an Ordinance adopted by the City Council on October 5, 2010 and October 19, 2010, the City has authorized the issuance of special obligation tax increment bonds and bond anticipation notes pursuant to the Act in an aggregate amount not to exceed $17,694,000 (the "Bonds") to finance and refinance a portion of the projects contained and described in the East Providence Special Waterfront Development District Tax Increment Financing (TIF) Project Plan as the Village on the Waterfront Project (the "Project");

WHEREAS, the City is now desirous of proceeding with the financing described above; and

WHEREAS, there has been prepared and submitted to the City forms of:

(a) the Trust Indenture;

(b) the Series Indenture;

(d) the Development Agreement;

(e) the Escrow Agreement;

(f) the Assignment Pledge Agreement.

NOW, THEREFORE, be it resolved by the City of East Providence:

SECTION 1. The execution and delivery of the Trust Indenture are hereby authorized. The Trust Indenture shall be in substantially the form presented at this meeting. The Mayor and the Director of Finance (the “Authorized Officers”) are hereby authorized to execute, acknowledge and deliver the Trust Indenture with such changes, insertions and omissions as may be approved by said Authorized Officers, and to affix the seal of the City on the Trust Indenture and to attach the same. The execution of the Trust Indenture by said Authorized Officers shall be conclusive evidence of such approval.

SECTION 2. The execution and delivery of the Development Agreement are hereby authorized. The Development Agreement shall be in substantially the form presented at this meeting. The Authorized Officers are hereby authorized to execute, acknowledge and deliver the Development Agreement with such changes, insertions and omissions as may be approved by said Authorized Officers, and to affix the seal of the City on the Development Agreement and to attach the same. The execution of the Development Agreement by said Authorized Officers shall be conclusive evidence of such approval.

SECTION 3. The execution and delivery of the Escrow Agreement are hereby authorized. The Escrow Agreement shall be in substantially the form presented at this meeting.

The Authorized Officers are hereby authorized to execute, acknowledge, and deliver the Escrow Agreement with such changes, insertions, and omissions as may be approved by said Authorized Officers, and to affix the seal of the City on said Escrow Agreement and to attach the same. The execution of the Escrow Agreement by said Authorized Officers shall be conclusive evidence of such approval.

SECTION 4. The execution and delivery of the Assignment Pledge Agreement are hereby authorized. The Assignment Pledge Agreement shall be in substantially the form presented at this meeting. The Authorized Officers are hereby authorized to execute, acknowledge, and deliver the Assignment Pledge Agreement with such changes, insertions, and omissions as may be approved by said Authorized Officers, and to affix the seal of the City on said Assignment Pledge Agreement and to attach the same. The execution of the Assignment Pledge Agreement by said Authorized Officers shall be conclusive evidence of such approval.

SECTION 5. The execution and delivery of the Series Indenture and the Bonds are hereby authorized upon any Release Date and satisfaction of the conditions therefor as defined in the Trust Indenture, the Development Agreement and the Escrow Agreement. The Series Indenture and the Bonds shall be substantially in the form presented at this meeting and attached to the Trust Indenture. The Authorized Officers are hereby authorized to execute, acknowledge and deliver the Series Indenture and Bonds with such changes, insertions and omissions as may be approved by said Authorized Officers, and to affix the seal of the City on the Series Indenture and Bonds. The execution of the Series Indenture and Bonds by said Authorized Officers shall be conclusive evidence of such approval.

SECTION 6. All covenants, stipulations, obligations and agreements of the City contained in this Resolution, the Trust Indenture, the Development Agreement and the Escrow Agreement and when executed, the Series Indenture and the Bonds, shall be deemed to be the covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and such covenants, stipulations, obligations and agreements shall be transferred by and in accordance with the law. Except as otherwise provided in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the members of the City Council thereof by the provisions of this Resolution, the Trust Indenture, the Development Agreement and the Escrow Agreement, and when executed the Series Indenture and the Bonds, shall be exercised or performed by the City or by such members, officers, board or body as may be required by law to exercise such powers and to perform such duties.

SECTION 7. The City hereby authorizes and consents to the execution and delivery of such other documents and instruments necessary or desirable for the implementation of the intent and purposes of this Resolution or in connection with the issuance of the Bonds including but not limited to, tax certificates and disclosure documents. It is the intention of this Resolution that unless required by applicable law at the time of the issuance of the Bonds, no further action, authorization or approval of the City shall be required in connection with the issuance of the Bonds, other than execution and delivery by the Authorized Officers of all documents and instruments necessary or desirable for the implementation of the intent and purposes of this Resolution in connection with the issuance of the Bonds, and provided the City does not violate applicable law, such execution and delivery by the Authorized Officers shall be deemed and considered to be ministerial acts of such officers, and shall not be subject to the exercise of their discretion. The City hereby authorizes and consents to revisions and amendments to the documents referenced herein, as requested by Bond Counsel or the Developer, to the extent such would not violate applicable law and provided further that the Authorized Officers be and each hereby is authorized and empowered to execute and deliver all necessary documents or instruments in accordance with this Resolution, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.

SECTION 8. With regard to Bonds being issued on a tax-exempt basis, this Resolution is an affirmative action of the City Council of the City in accordance with the purposes of the laws of the State and constitutes the City’s declaration of official intent, pursuant to Treasury Regulation § 1.150-2, to reimburse the City or the Developer for any Reimbursement Expenditures paid on or after the date which is sixty (60) days prior to the date of this Resolution but prior to the issuance of the Bonds. Amounts to be reimbursed shall not exceed $17,694,000 and shall be reimbursed in accordance with provisions of the Code. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.

SECTION 9. The City Council hereby accepts and approves the Village on the Waterfront City of East Providence, Rhode Island East Providence Waterfront Special Development District Commission Assessment Plan (the "Assessment Plan") and hereby refers the Plan to the East Providence Waterfront Commission (the “Commission”) for consideration and adoption with such changes as approved by the Commission.

SECTION 10. This Resolution shall take effect upon passage.

Dated: November 16, 2010

Requested by: Director of Planning

A motion to approve the resolution is made by Councilman DiTraglia, seconded by Councilman Cusack and on a roll call vote it is unanimous.

A motion is made to return to the regular order of business by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

2. Approval of cell tower lease extension for 201 Waterman Avenue. (by City Solicitor Jim Briden)

The Council expresses concern to the Solicitor regarding the location of 201 Waterman Ave stating this is not the address of the Police Department and that the contract has the wrong address and instructs the Solicitor to ensure the correct address is listed in the contract before signature.

A motion is made to approve the extension of the existing cell tower lease which contains the correct address by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

3. Approval of T-Mobile Northeast, LLC Option agreement for 0 Walmer Avenue. (by City Solicitor Jim Briden)

A motion is made to approve the agreement by Councilman DiTraglia, seconded by Councilman Cusack and on a roll call vote it is unanimous.

B. Council Members

1. Approval of School Committee Deficit Reduction Plan(by Mayor Larisa)

Councilwoman Perry states she will need to abstain from the vote because she has not seen the actual plan which was approved at the previous School Committee meeting and she doesn’t feel this Council should be approving a deficit reduction plan when the new Council is sworn in tomorrow and this is not a regularly scheduled Council meeting.

A motion to approve is made by Councilman DiTraglia, seconded by Councilman Cusack with Councilman Coogan voting Nay and Councilwoman Perry Abstaining, the motion passes 3-2.

2. Decision points -- good luck to the new Council. (by Mayor Larisa)

Mayor Larisa states that there are three major decision points the new Council will be facing:

1. The recent Charter Amendment requiring 3.5% will be put under stress by the School Committee and it will be important to see where the new Council stands on this.

2. There will be a Caroulo Action this Fall when the School Committee sues the taxpayers to change the contract with the teachers.

3. The car tax exemption, which this Council planned to try to increase following the State cuts, funds for the exemption which this Council hoped to gain in contract negotiations with the Fire Fighters Union could be in jeopardy if the Fire Fighters Union contract, as it stands now, goes through. Though there are savings in the beginning of the contract the following years cost the City money and this will make additional funds for this exemption impossible.

Mayor Larisa added that East Providence has a professional City Manager form of government and good employees and Department Heads as well as the voters who elect who they want to represent them. The City will always survive and he wishes the incoming Council well and congratulates them on their inauguration adding that he hopes they retain and swear in the same City Manager, Richard Brown.

Mayor Larisa added that he and other members of the Council will be there to offer any assistance and to feel free to call anytime.

C. Resolutions

2. A RESOLUTION IN SUPPORT OF APPLICATION FOR

HOME RENOVATION FUNDS FOR 78 ANTHONY STREET

WHEREAS, the City of East Providence, Rhode Island was incorporated as a Town in 1862 and as a City in 1958; and

WHEREAS, the City of East Providence is seeking support for the renovation of 78 Anthony Street (hereinafter referred to as the “Property”); and

WHEREAS, the Community Development office has prepared an application for funding through the Rhode Island Housing HOME Program; and

WHEREAS, the City of East Providence believes that this application is in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council for City of East Providence endorses and supports this application to the Rhode Island Housing HOME Program for renovation funds for the Property. (Requested by: Community Development)

This resolution shall become effective upon its passage.

Requested by: Director of Planning

Both Councilwoman Perry and Councilman Coogan agree this item should wait until the new Council is sworn in as this is not a regularly scheduled meeting.

A motion to approve is made by Councilman Cusack, seconded by Councilman DiTraglia with Councilman Coogan voting Nay and Councilwoman Perry Abstaining, the motion passes 3-2.

D. Communications

1.Gail Pitocco, 63 Raymond Street (02914) requesting to address the Council regarding a job well done by Mayor Larisa, Council members and School Committee members despite deep cuts in State aid to cities and towns.

Gail Pitocco is not in the audience to appear for her communication request.

IX. ADJOURNMENT

A motion to adjourn is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.

Attest: Approved By Council: December 21, 2010

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City Clerk