CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, September 20, 2011 6:45pm Executive Session 7:30 PM Regular Council Meeting

 

 

I.       Executive Session

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

1.  Claims and Litigation

Pursuant to R.I.G.L. § 42-46-5(a)(2)

2.  Claims & Litigation Docket 9/20/11

3.  City Manager Contract Discussion and Settlement

4.  Employment Contract

II.     Regular Meeting

III.    Call to Order

 

Attendee Name	Title	Status	Arrived
William Conley Jr	Councilman	Present
Michael DiGioia	Councilman	Present
Katie Kleyla	Councilwoman	Present
Thomas Rose Jr.	Assistant Mayor	Present
Bruce Rogers	Mayor	Present

IV.     Moment of Silence

Mr. John Vita Teacher, Administrator and Athletic Coach for the East Providence School Department for 35 years who passed away this week and also for Cara Kennedy. 

V.      Salute to the Flag

1.   Motion to convene Open Session and seal the minutes of the Executive Session.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Michael DiGioia, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

VI. CONSENT CALENDAR

Mayor Rogers asked that item March 14, 2011 Council Journal be removed from the consent calendar as those minutes are not complete. 

 

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

A. Letters

1.   Resolution from the Town of Burrillville in Support of RIPTA Funding Being Added to the RI General Assembly Agenda of the Special Session to be Held to Address the Pension Crisis.

2.   Coastal Resources Management Council Semi-Monthly Meeting Notice, Tuesday September 13, 2011 at 6:00PM in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

B.  Licenses

1.   Alcoholic Beverage Class F  St. Martha’s Church, Portuguese Night, October 8, 2011.

2.   Alcoholic Beverage F-1  St Francis Xavier Church 1. St. Francis Xavier Church Band Anniversary Dinner, October 1, 2011 2. 30 Week Club Dinner, October 22, 2011 3. Casa Dos Acores Dinner, November 5, 2011

C.  Council Journals

Regular Council Meeting March 14, 2011

VII.   Public Comment

1. James Briden - TLA/Pond View

2.Tony Ferreira - Mr. Ferreira decided not to speak

3.Tom Riley - TLA/Pond View

4. Jim Vincent - NACP Providence Branch - Affirmative Action and Budget

5. Onna Moniz-John - Affirmative Action and Budget

6. Tim Norton - Resolution

7. Ken Foley - TLA/Pond View

8. Christine Patterson - TLA/Pond View

9. Jo-Ann Durfee - TLA/Pond View

10. Corliss Blanchette - TLA/Pond View and Ward 1

11. Cheryl Burelle - Affirmative Action and Budget

VIII.  Appointments

1.    Harbor Management Re-Appointment            

Frederick C. Bieberbach Jr.  40 Union Street (02915)                   

 

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Michael DiGioia, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

2.   Juvenille Hearing Board Rosa-Maria Perreira 40 Cumberland Street (02914)

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

3.   East Providence Housing Authority Patricia M. Diffley 99 Goldsmith Avenue, Apartment 815 (02914)

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

IX.     Public Hearings

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED  ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND  1998, AS AMENDED, ENTITLED “ZONING.”

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED  ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND  1998, AS AMENDED, ENTITLED “ZONING.”

Requested by:  Planning Board

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:

A 5-acre portion of Parcel 15 on Assessors Map 711, Block 3 presently located in a Commercial 1 District located on the easterly frontage of Hospital Road and to be developed as 14 single-family lots as shown on Sheet 4 of plans prepared by DiPrete Engineering dated May 18, 2011 is hereby changed to be included in a Residential 2 District subject to the following conditions:

1.  That the applicant continue to work with City staff in the preparation of the fully engineered Land Development Project/Subdivision Preliminary Plan including details on traffic and drainage and that all staff comments are adequately addressed in the Preliminary Plan.

2.  That the Planning Board fully scope the submission requirements of the Preliminary Plan Stage prior to its submission including the requirement for an updated fiscal impact analysis and any requirements for outside peer review of certain aspects of the proposal such as traffic and drainage.

3.  That the approximate five (5) acre area being rezoned for single-family residential be restricted to single-family and single-family accessory uses in perpetuity.

4.  That the applicant obtain any and all required federal, state and City permits for the proposed use including building and occupancy permits from the City of East Providence.

5.  That the proposal shall meet all applicable City, state, and/or federal regulations and requirements.

The Zoning Map of the City of East Providence shall be amended accordingly.

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

Motion to defer at the request of Planning on behalf of the petitioner. 

X.      LICENSES NOT REQUIRING PUBLIC HEARING

All licenses subject to approval(s) from the Chief of Police, Building Inspector, State Division of Taxation and Fire Marshall.

1.   Wrecker/Tower  Sung Towing, 517 Warren Avenue (02914), Paulo Neves, 54 Valley Brook Drive (02914)

The motion is to defer until the Zoning Officer Ed Pimental can issue a ruling on possible violations at the site ie:  so many cars at the site.  Paulo Neves asks if he has another location can he come back before Council with it and the Mayor responds yes.  

Under discussion the Mayor states to the licensee that there is an investigation underway at the site and you have the right to come back before Council if the investigation is completed to again ask to be located at that site. 

2.   Corporate Name Change  From Pinto, Patricio I. DBA Vally Towing to Vally Auto Service, Inc. DBA Vally Towing

Patricio Pinto, 393 Cross Street, Cumberland

Mr. Pinto stated that the cars have been moving and that the cars that are being seen are different cars not cars being stored there. 

This is just a name change for legal purposes. 

3.   Private Detective License Stephen J. Enos, 56 Dover Avenue (02914)

This was asked to be taken off the docket per the request of Mr. Enos.

Councilman Conley states that since it was asked to be deferred for the second time if we could just take it off the docket completely until the licensee is ready to come before Council.   This is agreed and the item is withdrawn. 

XI.     New Business

A. Reports of Other City Officials

1.   Recreation Fee Increases by Director of Parks and Recreation Alba Curti

Director Alba Curti came to the podium and spoke regarding the fee increases.  She provided a brief history of the field use policy. 

The policy fee structure complies with DEM's 2 to 1 rule.  The previous Council never modified or adopted this policy. 

Director Curti asks the Council to review, modify if necessary and adopt the policy. 

Director Eggeman reports that the increase in fees are in the proposed budget.

Director Curti states they will not be charging East Providence schools, youth organizations and adult residents who are using the fields.  The revenue amount  is arrived at utilizing the permits we granted this year and assuming that people will pay the new fees.  Not giving the fields away for free should help with the field deterioration. 

2.   A 5 minute recess called

3.   Update on US Economic Development Administration Grant to Waterfront Commission by William Fazioli Vice-Chair East Providence Waterfront Commission/ Jeanne Boyle Director of Planning

William Fazioli 229 Quarry Street, East Providence and Jeanne Boyle provided a brief over view on the success of bringing Eaton Corporation to East Providence.  Eaton Aerospace is a major aerospace company. The EPWC did this by securing a 5 million dollar grant the total project is 13 million dollars and they will be relocating to East Providence from Warwick.  Construction is due to start very soon at 10 New Road which is the location of the old Fram Building.  

4.   Budget Presentation to Council by Finance Director Ellen Eggeman

Ellen Eggeman presented the budget FY2012 on behalf of City Manager Andreoni. 

A breakdown of revenues and expenditures can be found on page 1.

It includes a 3.5% tax increase which would increase the average home tax bill by about $150.

This is a proposed budget by the City Manager prepared by the Finance Director the City Council has not yet had a chance to review. 

5.   Motion to schedule the First Public Hearing on the Budget for October 4, 2011.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

B.  Council Members

1.   Disability Discount for Dog Licenses

Mayor Rogers stated he received a request from a disabled constituent who was having difficulty paying the dog license fee, the City does give a discount to senior citizens and he asked to refer this item to the City Clerk and the Law Department to review and to come up with a formula similar to what senior citizens pay, as it stands now the City doesn't even have a discount for someone with a seeing eye dog and that should be rectified.  Anyone who shows their award letter that they are disabled should be able to receive the discount.  He added he agrees all dogs should be licensed and he doesn't want to just abate that fee. 

2.   Vamco Update

Mayor Rogers called Planning Director Jeanne Boyle to the podium to give an update on Vamco. 

The City acquired the property for the purpose of redevelopment.  The property needs to have some environmental issues addressed before development can begin.  The City received two grants for the clean-up.  DEM required that the assessment be done prior to the demolition which resulted in the delay of the demolition.  There was a public meeting held to update the residents.  A firm has been hired for the environmental testing and it should be completed fairly quickly.  The demolition should take place in January.  The remediation should be completed by Spring of 2012. The non-profit, the West Elmwood Development Association is partnering with the City on the development of the site.  This will be a mixed development. 

3.   Finance Department Consolidation

The motion is to send the Finance Department to the new City Manager and the Acting Superintendent and give a full report back to Council.

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     William Conley Jr, Councilman

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

4.   Human Resources Consolidation

The Mayor stated that he would like to ask the School Department to put on hold the search for their Human Resource Director and wait for the consolidation report first.

The motion is to send the Human Resource Consolidation to the new City Manager and the Acting Superintendent and to give a full report back to Council.

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     William Conley Jr, Councilman

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

5.   East Providence Police Department/IT

Assistant Mayor Rose stated that 5 of the new police cars have been received. There seems to be a hold up on installing the new computer programs and to not have a delay it may be in the best interest to move forward with the option of an outside consultant to install like other communities do. 

Councilman DiGioia asked if the Chief was recommending this.

Assistant Mayor Rose said no but that it was a suggestion as an option if it would work for them.

Councilman DiGioia called the Police Chief to the podium.

Chief Tavares stated he was not aware of the request but if the question is would they appreciate assistance to get the cars out sooner the answer is yes.  Director Fox does a great job but she is a department of one person. 

Mayor Rogers stated he had a problem supporting the motion because we pay $103,000 to an IT Director and we have to pay someone from the outside to program the computers.  I would like to hear from the IT Director on why this can't get done in a timely fashion.

The motion is prepare the Police Department computer systems with the option of the use of an outside consultant which the cost would be payable by the Police Department so long as the money is available. 

RESULT:            ADOPTED [4 TO 1]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             William Conley Jr, Michael DiGioia, Katie Kleyla, Thomas Rose Jr.

NAYS:             Bruce Rogers

6.   Community Garden

Assistant Mayor Rose discusses the idea of creating a Community Garden in East Providence, similar to those created in other communities, Providence in particular such as through the South Side Community Land Trust.

Jeanne Boyle, Planning Director is called to the podium and has stated that she feels this is a great idea and that there is a member of the Planning Department on the Board of the South Side Community Land Trust in Providence where they have created a number of Community Gardens and she will look into grants for a Community Garden in East Providence. 

C.  Resolutions

1.   (AMENDMENT TO RESOLUTION NO. 17 - ADOPTED FEBRUARY 1, 2011)  RESOLUTION AMENDING THE RULES OF PROCEDURE OF THE CITY COUNCIL

Councilman Conley asked for a point of order and stated he asked the Clerk to look into why the sponsors are not showing up on the docket utilizing the new system.  The Clerk said she would definitely make sure the new system shows the sponsors in the future. 

The Mayor stated that he had the Clerk contact other cities and towns as to how other communities handle the comments. 

The Clerk responded that most cities and towns ask for comments concerning items which are listed on the docket.  The Mayor and Councilwoman Kleyla also referenced to creating a balance as to unlimited time limits creating very long meetings vs allowing people to speak on what they would like and on public comment vs communications.  During public comment Council can't discuss items they don't know about vs communications where Council is alerted to the topic and can be prepared to answer questions.

The Mayor asked the City Clerk to research further on time limits in other communities. 

The motion is to defer to City Clerk for further study to research the time limits on meetings in other communities. 

Both Councilman DiGioia and Councilman Conley stated the public comment is working fine and people are pleased with having this option and they would like to see it continue.  They do not want to see turning back on the path chosen to support open government and free speech. 

Councilman Conley states that he will vote Nay on the motion to defer and would propose a motion at this time to defeat the proposal. 

Following the motion's passage the Mayor stated that perhaps the order of the docket would be in consideration to adjust the issues and Councilwoman Kleyla agreed that might be the way to solve this. 

 

WHEREAS, participation by the public in the meetings of the City Council for the City of East Providence ought to be encouraged and not discouraged; and

WHEREAS, participation through comment and communications should give members of the public a full, fair, and meaningful opportunity to participate in City Council meetings; and

WHEREAS, the current rules of procedure of the City Council do not provide a full, fair, and meaningful opportunity for comment and communications by the public because the current procedures require members of the public to submit a communication to the Council prior to the publication of the Council meeting docket requiring members of the public to submit communications before the public even knows what topics will appear on the City Council docket; and

WHEREAS, procedures which allow for public comment prior to the Council taking action on docketed items will create a full, fair, and meaningful opportunity for the public to be heard and will assist the City Council in its decision-making process because the City Council will have the benefit of public comments before taking action;

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence hereby amends Rule Two, Section b. of the rules of procedure of the City Council as follows:

Rule Two. Order of Business.  b.     I.        Call to order

II.       Invocation

Salute to the flag

Consent Calendar

Proclamations & Presentations

Public Comment. All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said comments should pertain to topics listed on the published Council docket.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

Appointments. All Council appointments will appear on the docket under the heading Appointments, listing the appointment being made, the name and address of the candidate, and the Council member nominating the candidate. City Council members will submit the information to the City Clerk, no later than Thursday preceding the Council meeting.

Licenses (Requiring Public Hearing and non-public hearings)

Public Hearings

Continued Business

New Business

City Manager's Report

Reports of Other City Officials

Council Members

Resolutions. All resolutions will appear on the docket with the name of the Resolution's sponsor after having been referred to the Law Department for review.

Introduction of Ordinances. All ordinances shall appear on the docket after having been referred to the Law Department for review.

This Resolution shall become effective upon its passage.

Requested By:  Mayor Rogers

2.        Resolution Regarding Objection to the Granting of a License to TLA/Pond View

The Mayor stated a motion may be in order to defer to the next meeting after Assistant Solicitor DiCenso states she can't confirm if it was reviewed by Assistant Solicitor Craven.

Councilman Conley states that he sent this over to the Law Department last Thursday and the Clerk confirmed it was sent to the Law Department. 

Mayor Rogers stated that he spends a lot of time in the building and that is why he confirmed his own resolution had been reviewed.  That he did not have anything to do with whether or not the Law Department reviewed this resolution.  The Mayor added in support of Councilman Conley and directed to Assistant Solicitor DiCenso that once a resolution is sent to the Law Department it be reviewed. 

The Clerk did state that previously the Council had let her know, reviewed or not, if a Council member introduced a resolution then it needs to be placed on the docket regardless.     

Mayor Rogers stated the item needed to go back to the Law Department as the Rules of Procedure state such and that it be sent back until reviewed. 

RESOLUTION OBJECTING TO THE GRANTING OF A LICENSE TO TLA/POND VIEW ALLOWING THE ACCEPTANCE AND/OR PROCESSING OF CONSTRUCTION AND DEMOLITION DEBRIS IN EXCESS OF 150 TONS PER DAY

WHEREAS, RIGL Section 23-189.9-8 (h) (i) provides:

Any construction and demolition (C&D) debris processing facility under this section that is within a one thousand feet (1000’) radius of a residential zone district shall not be allowed to accept and/or process in excess of one hundred fifty (150) tons per day of construction and demolition (C&D) debris where the owner or owners of the greater part of the land within a one thousand foot (1,000’) radius of the property boundary lines of the facility files  an objection to the granting of a license permitting the acceptance and/or processing in excess of one hundred fifty (150) tons per day of construction and demolition debris; and

WHEREAS, the City of East Providence is the owner of certain parcels of land within a one thousand feet (1000’) radius of TLA Pond View identified as follows: 

	MAP		BLOCK		PARCEL
	203		1		4
	303		11		1
	303		11		3
	303		13		4
	303		13		5
	304		1		8

and

WHEREAS, January 4, 2011 the City Council for the City of East Providence adopted Resolution No. 13 wherein it declared that any expansion of TLA/Pond View is incompatible with the surrounding area which is a mix of commercial and residential uses and inconsistent with the uses allowed in a light manufacturing zone; and

WHEREAS, in that same Resolution the City of East Providence City Council declared that the expansion of TLA Pond View would undermine the goals and objectives of the City’s Comprehensive Plan relative to the development of the City’s waterfront district; and

WHEREAS, in that same Resolution the City of East Providence City Council declared that the TLA /Pond View facility is a public nuisance in that it’s current operation emits noxious odors and dust and produces loud noises which severely undermine the quiet enjoyment and quality of life of East Providence residents; and

WHEREAS,  in that same Resolution the City Council for the City of East Providence resolved that the East Providence City Council strongly opposes the proposed expansion of the TLA/Pond View Facility and will engage in all necessary and legal means to enforce the State and local laws applicable to TLA/Pond View’s application for its proposed expansion;

 

NOW, THEREFORE, BE IT RESOLVED that in accordance with RIGL Section 23-18.9-8 (h) (i) the East Providence City Council file an objection with the Department of Environmental Management forthwith to the granting of a license to TLA/Pond View permitting the acceptance and/or processing of construction and demolition debris  in excess of 150 tons per day.

This resolution shall become effective upon its passage.

Requested By:  Councilman Conley

Introduction of Ordinances

4.   Ordinance Approving Financing Improvements to the East Providence Water System

The motion as requested by Councilman Conley is to pass the ordinance pending that on second passage the Council first receive a fiscal note. 

CITY OF EAST PROVIDENCE, RHODE ISLAND

ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM AND ATTENDANT EXPENSES INCLUDING BUT NOT LIMITED TO ENGINEERING COSTS AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,100,000

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 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 City desires to issue an amount not to exceed Two Million, One Hundred Thousand Dollars ($2,100,000) 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 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 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 $2,100,000;

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 water system revenues.

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

SECTION 1.    The sum of Two Million One Hundred Thousand Dollars ($2,100,000) 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 Two Million One Hundred Thousand Dollars ($2,100,000)  from the Agency, and to evidence such loan as required by said Chapter 46-12.8, 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 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 Trust 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, (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 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 Two Million One Hundred Thousand Dollars ($2,100,000) 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.

D. Communications

1.   Wesley Plante, 5 Ferncrest Drive (02915) Requesting to Address the Council Regarding Articles of Formation to Establish: “The City of East Providence Timber Farm Authority Corporation.”

Mr. Plante was instructed to first go to the Planning Board for approval and they will, if approved, send the item back to the Council for Council approval. 

XII.   Adjournment

1.   Motion To:         Adjourn

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

Approved by Council:  March 6, 2012