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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

June 4, 2013

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00PM Executive Session - Claims Room, 101

7:30 P.M. Open Session

Present:

James Briden - Mayor

Thomas Rose - Assistant Mayor

Helder Cunha - Council Ward 2

Tracy Capobianco - Council At-Large

Chrissy Rossi - Council Ward 4

Peter Graczykowski - City Manager

Timothy Chapman - City Solicitor

Kim Casci - City Clerk

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)

A. New Claims

1. George Allen

2. Julie Bailey

3. Frederick Foeri

4. Maria Garcia

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 Received

1. Resolution Exeter Town Council opposing H5953 relating to agriculture and forestry renewable energy facilities.

2. Resolution Jamestown Town Council for a referendum before the voters for a Constitutional Amendment to include the RI General Assembly under the jurisdiction of the RI Ethics Commission for adjudication for non-compliance or violation of the RI Code of Ethics S337 and H5498.

3. Scituate Town Council resolution in opposition to H6099 to create the Ocean State Regional Water Authority.

4. Coastal Resources Management Council Semi Monthly Meeting Tuesday May 28, 2013, 6:00PM Conference Room A, Administration Building, One Capitol Hill, Providence.

B. Council Journals

1. Special Meeting May 17, 2013

2. Regular Meeting May 21, 2013

A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous with Councilwoman Capobianco absent.

V. PUBLIC COMMENT

1. Tom Riley - Council Rules of Procedure

2. Anthony Shepard - CDBG Property Recovery

3. William T Tilley - K of C Tax Exemption

4. Catherine Sequat - Harding Avenue Lots

5. Beth McGiveney - Harding Avenue Lots

6. Vanessa Armstrong - Support Childhood Lead Poisoning Resolution

7. BettyAnn Perry - Harding Avenue Lots

8. William Orente - Harding Avenue Lots

VI. PROCLAMATIONS AND PRESENTATIONS

A. MRT 95 Years in Business in East Providence by Assistant Mayor Rose Assistant Mayor Rose deferred this item.

B. Citations for Heroic Action to Thomas Walmsley and Nicholas Fowler (by Councilwoman Rossi)

C. Citations for National Bowling Championship Participants: Amanda Duarte, Christa Quigley, Alex Dias, Brandon Gaudreau, Colby Miller and Coach Lynn Miller (by Councilman Cunha)

Councilwoman Capobianco Arrives

VII. LICENSES REQUIRING PUBLIC HEARING

A. Second Hand/Miscellaneous

Closet Chic Consignment Boutique, 459 Waterman Avenue (02914), Diana L. Araujo, 3044 Pawtucket Avenue, Apt. 223 (02915)

This is a family owned business which Ms. Araujo owns with her daughter. They will sell clothes and furniture for every age.

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

VIII. LICENSES NOT REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

A. Peddler

Palagi's Ice Cream, 55 Bacon Street, Pawtucket (02860), Vanessa Soares, 133 Sutton Avenue (02914).

Palagi's is a vendor which sells ice cream in a traveling truck.

A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous with Mayor Briden recusing.

IX. PUBLIC HEARING - SHOW CAUSE HEARINGS

(Council sitting as Licensing Commissioners)

A. McGreen's Fine Wine & Spirits, 1086 Willett Avenue (02915)

Sgt John Andrews EPPD testifies.

The random checks were conducted from February 1, 2013 through March 30, 2013 in conjunction with EPPC utilizing grant funds from the State of RI. 62 establishments were randomly chosen and 9 of these sold to female and male buyer's ages 19-17. This show cause hearing is for first time offenders. On February 1st at approximately 9pm the underage male decoy purchased a 6 pack of beer. Lt Bill Nebis and Officer Grant summoned the seller to Municipal Court and the judge gave probation and community service to the server. Who was working on either their first or second day on the job and should have had a manager or seasoned employee present with her.

Ron Green, 10 James Court, Narragansett stated that this is family owned business since 1975 and to his knowledge is the first time ever that they have had this offense. This no excuse and they should be fined but they wish there was more they could do. Years back they started a Cops in Shops program targeting kids getting served. The two employees did lose their jobs and he does not know how she was on the register at all. He added that this was his fault and he apologizes.

Assistant Mayor Rose asked about the Cops in Shops program and asked the City Manager if the City could again look into this program.

The City Manager agreed to look into the program.

Councilwoman Rossi stated that these 3 businesses on tonight are not giant chain stores and asked if the Council had any other options such as a warning for the first time.

Sgt Andrews stated they have tried warnings in the past and they don't work sometimes the fines don't even work, we would like to see the fines because we know the warnings aren't working. Liquor stores are a worse problem because the underage buyers go in and buy a 6 pack, have a conversation with the clerk and develop a relationship and before you know it they are buying kegs.

Under discussion Councilman Cunha asks about the fines and Sgt Andrews states they can go up to $500 with a minor as in this case however the EPPD is requesting just the $250 minimum fine. The fines go back to the EPPC to fund further operations. Currently liquor stores are not required by the state to be tips certified but this may go to State to be amended.

A motion to fine for first offense as recommended by the EPPD is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

B. Riverside Liquors, Inc., 225 Bullocks Point Avenue (02915)

Sgt Andrews, EPPD testifies that on February 1st at 9:38pm a female and male decoy purchased Budweiser. The seller was cited in Municipal Court and he was placed on 3 months probation and still has to come back and appear again. No ID was asked for.

William Andrade states they have been in business since 1962. The decoy sent in the store was wearing a security uniform, though this is not an excuse. In the past they have received certificates several times for doing a good job and not falling for the sting. He has reprimanded the employees and all employees are certified by the State. He adds that they do try and that they are sorry the decoys slipped by them.

Sgt Andrews recommends the minimum $250 fine.

A motion to fine for first offense as recommended by the EPPD is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

C. Town Liquor Co., Inc. DBA Town Wine & Spirits

Sgt Andrews, EPPD testified that at 3:30PM the male and female decoys purchased Budweiser the server was summoned to Municipal Court and received a monetary fine of $300.

Elliot Fishbine, President of Town Wine and Spirits stated he has been an active member of the East Providence community for over 50 years. He does take this very seriously. For over 30 years there have been no issues and there are no words to describe how upset they were. We have received, for last 4 years, commendations for not serving. We have participated in the Cops in Shops Program. We close at 9PM to avoid problems.

Sgt Andrews recommended the minimum $250 fine.

Freddie Rybka asked to speak and stated that going forward he would like to see the public be allowed to speak at these hearings.

Tom Riley spoke stating that it is unfortunate that 3 squeaky clean retailers got bagged on this, the City should go after those trying to purchase the alcohol not the sellers, perhaps redirect the efforts into the Cops in Shops program again.

A motion to fine for first offense as recommended by the EPPD is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

X. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

A. ADOPTING AN AMENDED EAST PROVIDENCE WATERFRONT SPECIAL DEVELOPMENT DISTRICT TAX INCREMENT FINANCING PLAN (THE “AMENDED PROJECT PLAN”) AND AUTHORIZING THE ISSUANCE OF BONDS TO FINANCE CERTAIN PUBLIC INFRASTRUCTURE AND PUBLIC IMPROVEMENTS NECESSARY IN CONNECTION WITH THE KETTLE POINT PROJECT

WHEREAS, by Ordinance No. 516 adopted October 5, 2010 and October 19, 2010 (the “2010 Redevelopment Ordinance”), the City Council adopted and approved the East Providence Waterfront Special Development District Plan (the “Redevelopment Plan”) and designated the area within the City described in the Redevelopment Plan as the East Providence Waterfront Special Development District as a redevelopment area (the "Redevelopment Area") pursuant to chapters 31-33 of title 45 of the Rhode Island General Laws, the Redevelopment Act of 1956 (the "Redevelopment Act"); and

WHEREAS, it is the purpose and intent of the City Council to facilitate redevelopment of the Redevelopment Area to accommodate the City’s redevelopment initiatives; and

WHEREAS, pursuant to the Redevelopment Act and chapter 33.2 of title 45 of the Rhode Island General Laws (the "Tax Increment Financing Act") the City desires to raise funds for such redevelopment by the issuance of tax increment financing bonds of the City or other bonds secured by a tax increment pledge ("TIF Bonds"); and

WHEREAS, the Tax Increment Financing Act requires as conditions precedent to the creation of a tax increment, that the City Council adopt a redevelopment plan and a project plan, including the designation of a tax increment area and the calculation of the tax increment to be derived from taxes levied on real and personal property situated in or otherwise assignable for purposes of property taxation in the tax increment area; and

WHEREAS, the City Council is required by the Redevelopment Act to make certain findings, determinations and declarations in connection with the adoption of a redevelopment plan and a project plan; and

WHEREAS, pursuant to the 2010 Redevelopment Ordinance the City Council approved the East Providence Special Waterfront Development District Tax Increment Financing (TIF) Project Plan (the “Project Plan”) which designates several Special Development Sub-districts, including the Kettle Point Special Development Sub-district (the “Project Area”); and

WHEREAS, C&B Kettle Point, LLC (“C& B”) is the designated developer of certain land located in the Kettle Point Special Development Sub-district and C&B anticipates that it will develop a residential project in the Kettle Point Special Development Sub-district and incur capital expenditures of approximately $80,000,000 for such development (the “Kettle Point Project”); and

WHEREAS the East Providence Waterfront Special Development District Commission (the “Waterfront Commission”) has recommended that the City Council approve Amendment No. 1 to the Project Plan dated May 7, 2013 which amends the Project Plan consistent with improvements contemplated by C& B for the Project Area;

WHEREAS, pursuant to the Tax Increment Financing Act, the City shall designate a portion of the tax increment resulting from the Kettle Point Project for the benefit of certain projects described in the Redevelopment Plan and the Project Plan, including the infrastructure and public improvements contemplated by the Kettle Point Project (the “TIF Projects”); and

WHEREAS, the City wishes to provide authorization, subject to Section 8 hereof, for the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate amount not to exceed $9,370,000 to finance and refinance the TIF Projects related to the Kettle Point Project; and

WHEREAS, TIF Bonds will be payable solely from "project revenues" as defined in the Tax Increment Financing Act; and

WHEREAS, project revenues will include tax increments, bond proceeds and special assessments; and

WHEREAS, it is intended that special assessments will be properly imposed on land and improvements comprising the Kettle Point Project and serve as additional security for the TIF Bonds issued for the benefit of the Kettle Point Project, such special assessments to be paid over the term of any TIF Bonds issued for the benefit of the Kettle Point Project; and

WHEREAS, the tax increment revenues will be a credit to the payment of special assessments, all as provided in the Assessment Plan as approved by the Waterfront Commission, and further described herein; and

WHEREAS, project revenues do not include general funds of the City;

WHEREAS, the TIF Bonds will be special obligations of the City payable solely from project revenues; and

WHEREAS, the City wishes to amend the Project Plan to permit the development of the Kettle Point area by C&B, and approve the special assessment in the District as approved by Waterfront Commission for the purposes set forth above.

NOW THEREFORE, the City Council of the City of East Providence hereby makes the following findings, determinations and declarations with regard to the East Providence Waterfront Special Development District Tax Increment Financing Plan, including Amendment No. 1 (as so amended, the “Amended Project Plan”), which findings are required by Sections 45-32-13 through 45-32-18, Section 45-32-20 and Section 45‑33.2‑4(1) and (5) of the Rhode Island General Laws:

1. The Redevelopment Plan and the Amended Project Plan are feasible and conform to the comprehensive plan for the City of East Providence, and if carried out would promote the public health, safety, morals and welfare of the community, and would effectuate the purposes of the Redevelopment Act.

2. The source of funds for carrying out the TIF Projects as provided in the Redevelopment Plan and the Amended Project Plan shall be proceeds from the sale of TIF Bonds issued by the City of East Providence and any other legally available revenues contemplated by the Redevelopment Plan and Project Plan.

3. The Redevelopment Plan does not directly result in changes to streets except for the extension and construction of a portion of Waterfront Drive, the entrance features at Lyon Avenue, the construction of Kettle Point Loop Road, the construction of the road extending to the new parking area for the East Bay Bike path, the relocation of existing curb cuts on Veterans Memorial Parkway and internal roads within the Kettle Point Project.

4. The Redevelopment Plan and Amended Project Plan do not presently provide for acquisition by the City of property by negotiation or by eminent domain.

5. The Redevelopment Plan contemplates financial aid from the federal government.

6. The Redevelopment Plan provides for the retention of controls and the establishment of any restrictions or covenants which may run with the real property sold, leased, or otherwise disposed of for private or public use as are necessary to effectuate the purposes of the Redevelopment Act.

7. The findings of fact regarding “blighted and substandard conditions” set forth in the Redevelopment Plan are hereby accepted. Based on those findings of fact, the Redevelopment Area is hereby found to be a "blighted and substandard area" as that term is defined in Section 45-31-8 of the Redevelopment Act and requires clearance, replanning, redevelopment, rehabilitation and improvement.

8. That the Project Area would not by private enterprise alone, and without either governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay.

9. That the Amended Project Plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the City as a whole.

10. The facilities and other assistance are needed and that the financing of the project in accordance with the Amended Project Plan is in the public interest.

11. There is not within the City an adequate supply of low rent housing for persons or families of low income available for rents they can afford to pay, the rents which those persons or families can afford to pay would not warrant private enterprise providing housing for them, and the financing of public improvements in accordance with the Amended Project Plan is in the public interest.

12. The City Council intends that the Project Area be redeveloped in accordance with the City’s Redevelopment Plan and Comprehensive Plan and intends that such redevelopment promote the health, safety and welfare of the City.

13. Unemployment or the threat of unemployment exists in the City, and it is expected that the Amended Project Plan will create approximately 10 permanent and 757 temporary full-time equivalents jobs. It is expected that wages and benefits from such job will be comparable to current market rates resulting in increased personal income tax for the State of Rhode Island.

NOW THEREFORE, the City of East Providence ordains as follows:

SECTION 1. The Kettle Point Special Development Sub-district is designated as a project area for the purposes of the Tax Increment Financing Act. The Redevelopment Plan is the official redevelopment plan for the Project Area. The Amended Project Plan, incorporated herein by reference, is adopted and approved as a project plan pursuant to chapter 45-33.2 of title 45 of the Rhode Island General Laws. The public improvements shall be in the Project Area, and shall be identified as "Kettle Point TIF Project Number 2013-1."

SECTION 2. There is hereby authorized, subject to Section 8 hereof, the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate outstanding amount not to exceed $9,370,000 to finance the TIF Projects contained in the Amended Project Plan relating to the Kettle Point Project (the “Bonds”).

SECTION 3. The Bonds shall be issued for the purpose of carrying out any project or projects described in the Amended Project Plan including the TIF Projects. Without limiting the generality of the foregoing the Bonds shall be issued for TIF Project costs, which may include interest prior to and during the carrying out of any such project and for a reasonable time thereafter, such costs, reimbursements and reserves as may be required by any agreement or arrangement securing the Bonds, and all other expenses with respect thereto, including, without limitation, reimbursement of expenses previously paid from any other source, incidental to planning, carrying out and financing any such project.

SECTION 4. The Bonds shall be payable solely from "project revenues" including tax increment as defined in the Tax Increment Financing Act and shall not be deemed to be a pledge of the faith and credit or the taxing power of the City.

SECTION 5. The City hereby pledges not more than 60% of the tax increment resulting from the Project Area to the repayment of the Bonds. Notwithstanding anything contained herein to the contrary, the debt service on the Bonds shall not exceed 50% of the estimated tax increment supporting the Bonds.

SECTION 6. Each of the Bonds shall recite on its face that it is a special obligation bond or bond anticipation note, as the case may be, payable solely from "project revenues" as defined in the Tax Increment Financing Act pledged for its repayment.

SECTION 7. The Bonds shall be dated and may be made redeemable before maturity with or without premium. The Bonds may be issued in one or more series. The Authorized Officers defined below shall determine the terms, details and manner of sale and other conditions of the Bonds and the security structure therefor for each issue of Bonds in accordance with the Tax Increment Financing Act and the Amended Project Plan, including the manner in which tax increment received and to be received under the Tax Increment Financing Act and the Amended Project Plan and other "project revenues" under the Act shall be escrowed, pledged or otherwise used to secure any such Bonds issue, and shall also determine the date or dates of the Bonds, their denomination or denominations, the place or places of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state, their interest rate or rates, maturity or maturities, redemption privileges, if any, and the form and other details of the Bonds.

SECTION 8. The City Manager and the Director of Finance (the “Authorized Officers”), in consultation with the City Solicitor, are authorized to negotiate and determine the terms and provisions of such documents required for the sale and issuance of the Bonds and the documents required to complete the TIF Projects described in the Amended Project Plan, including a Development Agreement and other necessary documents and certificates, and such Authorized Officers, acting jointly, are hereby authorized to execute and deliver such documents.

SECTION 9. The Authorized Officers are authorized to prepare and deliver an Official Statement or Preliminary Limited Offering Memorandum, if required, in connection with the sale of the Bonds, and the Mayor and the Director of Finance are authorized to execute and deliver the Official Statement or Preliminary Limited Offering Memorandum, a Trust Indenture, a Series Indenture and a Bond Purchase Agreement consistent with the terms and conditions determined by the Authorized Officers in accordance with Section 7.

SECTION 10. The Bonds shall be signed by the Director of Finance, shall be countersigned by the Mayor, either manually or by facsimile, and shall bear the seal of the City or a facsimile thereof.

SECTION 11. In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be an officer before the delivery thereof, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery.

SECTION 12. The City may sell the Bonds in such manner, either at limited public or private sale, and for such price, as the Authorized Officers may determine will best effect the purposes of this ordinance and the Tax Increment Financing Act.

SECTION 13. Notwithstanding any provisions of any general or special law to the contrary, Bonds issued under the Tax Increment Financing Act and hereunder may provide for annual or more frequent installments of principal in equal, diminishing, or increasing amounts, with the first installment of principal to be due at any time within five (5) years from the date of the issuance of the bonds and the last installment of principal to be due not later than twenty-five (25) years from the date of the issuance of the Bonds.

SECTION 14. The Mayor and the Director of Finance are authorized to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds, in such form as shall be deemed advisable by the Authorized Officers. 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 bond anticipation notes, failure of the City to comply with any Continuing Disclosure Certificate shall not be considered an event of default under such bonds or bond anticipation notes; 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 each Continuing Disclosure Certificate.

SECTION 15. From and after the issuance of the Bonds, the Authorized Officers, acting jointly, and the Mayor are authorized to execute and deliver other documents, certificates, agreements and amendments thereto, in furtherance of the development of the TIF Projects in such forms as said officers deem advisable, consistent with the best interests of the City, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.

SECTION 16. The City Council hereby accepts and approves the Kettle Point City of East Providence, Rhode Island East Providence Waterfront Special Development District Commission Assessment Plan (the "Assessment Plan") as heretofore adopted by the Waterfront Commission in accordance with chapter 345 of the Public Laws of 2003.

SECTION 17. The execution and delivery of an Assessment Pledge Agreement are hereby authorized. The Authorized Officers, acting jointly, and the Mayor are hereby authorized to execute, acknowledge, and deliver the Assessment Pledge Agreement in such form as may be approved by said Authorized Officers, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.

SECTION 18. This ordinance shall take effect upon passage.

Requested By: City Manager

The City Manager spoke stating this is the second meeting and second passage. The TIF will pay for some of the public improvements and the net fiscal impact to the City after the debt service to the bonds, $14.2 million during the 25 year period, after that the revenue from the taxes will be met. He then called Director Boyle to the podium.

Director Boyle gave background and description to the process so far.

Jay Gowel of Churchill and Banks provided a power point presentation which was prepared by Municap and the TIF Financial Advisor for the project, Keenan Rice was present to make the proposal providing for an abbreviated version of the same presentation.

Councilman Cunha asked what happens if the sales projection doesn't meet your expectations.

Mr Gowel explained the developer pays the bond service. A commercial bank makes the construction loan and there is a high degree of confidence in that loan when it is made.

Councilman Cunha asked who they are targeting.

Ray Levvy from Churchill and Banks is present as Mr Baccari has laryngitis. Mr Levvy states they are targeting empty nesters and young professionals.

Councilman Cunha asked about families with children and the average price of a condo.

Mr. Levvy stated that they estimate between 14-15 students could reside in the development. Adding they expect the average condo sales to be in the low $300,000s with low to high rentals $1200-$1800, they are trying to stay underneath the competition.

Councilman Cunha asked about the bonds.

Mr Rice said the bonds are not backed by the City they are sold to sophisticated buyers in diversified portfolios.

Assistant Mayor Rose said he would like to hear from the public.

Mayor Briden asked the public if they could limit their comments 5 minutes in accordance with the Council Rules of Procedure.

1. Anthony Shepard, 40 Rosemere Drive asked how the cleanup and the bond situation won't turn into another Geonova. He also asked who would be funding the upgrade to the sewer system.

Mr. Rice provided details.

2. Gene Saveory, 41 Scott Drive asked what impact study was done to know how this development reflects into the city water sewage etc...police, fire, schools, highway, public works, public streets.

Director Boyle provided detail on the fiscal analysis conducted which included all of the items listed.

3. Tom Riley asked about the flood zone and federal flood insurance. He also stated that if the city needs to fund the project we are cannot, we don't have the finances to take on the risk, we need to fix our schools.

Assistant Mayor Rose called Mr. Rice back up to explain the bond responsibility again.

Mayor Briden also explained that the way it works is that the property owner would pay the incremental amount. The bonds get sold and it generates the revenue, this goes into the escrow account in the event of nonpayment of taxes.

Mr. Rice further explained that the bonds are sold only after SEC rules are done, under Federal Law the financing has to be in place in order to have the contracts etc... and that whoever owns the property has to pay taxes or it is sold at tax sale.

4. Anthony Ferreira, the pool at the EPHS is closing at the end of the year. It cost $4 million to repair. No one is planning to keep infrastructure up to par.

The City Manager stated that all of the experts have looked at over 300 pages of documents and the City is not on the hook.

5. Freddy Rybka, what are we on the hook for?

The bond process was explained again including the public improvements provided.

Mayor Briden states the bank financing will be in place, there is no way for the TIF bonds to be sold without the loans in place.

6. Tony Shepard had a question regarding the low rent housing.

Mayor Briden states that adding the risk analysis and legal analysis is a calculated risk by the bond holders, other risks are held by the lenders, if the property taxes are not made by the property owner the legal remedy is to go to tax sale and sale to force the right of redemption. The bank wouldn't allow that to happen, it's very different from a situation where a government entity is loaning the money, the risk is covered in a number of different ways, those distinctions are very important.

7. Tony Ferreira asked if a joint meeting was going to be set up to go out and bond $9 million.

8. Jessica Bochaine asked if this affects her taxes.

Assistant Mayor Rose stated not at all and Mr. Rice added it does not whatsoever.

Councilman Cunha asked if they were planning to hire local businesses.

Mr. Rice replied we don't have any signed contracts yet but our intent is to use local so long as they are qualified to do the work. There will be a competitive bid process but they have no desire to go anyplace else.

Discussion took place as a response to questions from the public as to whether or not there would be a special rubbish collection arranged for the new development and whether or not the City has to finance that.

Director Coutu stated it would be the current policy as it already exists; no deviation and the same would be true for snow removal.

A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.

XI. NEW BUSINESS

A.City Managers Report (by City Manager Peter Graczykowski)

1. Department Activity Report

2. Budget Commission Update

3. Recommendation to Award Contract for Carpentry Work to the Crescent Park Carousel.

Pat Hanner from the Planning Department was called to the podium. He stated this process began in October of 2012. It was a RFP for carpentry repairs and painting for the Crescent Park Carousel. They received 3 bids which all came in outside of the budget. At that point they restructured the RFP for carpentry repairs only and in the fall for the painting of the Carousel. With this restructuring they received more competitive bids. The State Preservation Office and the Planning staff all agree on the recommendation.

Steve Tyson was present to answer any questions.

A motion to approve the contract for carpentry work is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

4. Property Tax Update

The City Assessor provided an update on the property tax structure and why some taxes may have gone up. The revaluations do have an appeal process through October 1, 2013.

B.Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Timothy Chapman)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Absent, Councilman Cunha -Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 4-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, JUNE 4, 2013; 7:00 P.M.; ROOM 101

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

NEW CLAIMS

GEORGE ALLEN $210.00

RM No. 13-034, Claim No. 13-026

Claim for reimbursement of expenses incurred as a result of a sewer backup caused by roots from a City tree. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilman Cunha

Motion: Approve the claim in the amount of $210.00.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√		√	√	√
Nay
Abstain
Absent		√

JULIE BAILEY $922.47

RM No. 13-041, Claim No. 13-031

Claim for reimbursement of expenses associated with vehicle (tire) damage from potholes. See recommendation of the Director of Public Works.

Motion by: Councilman Cunha Seconded by: Councilman Rose

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√		√	√	√
Nay
Abstain
Absent		√

FREDERICK FOERI $1668.65

RM No. 13-036, Claim No. 13-028

Claim for reimbursement of expenses associated with the claimant’s vehicle striking a pothole on Boyd Avenue. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilman Cunha

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√		√	√	√
Nay
Abstain
Absent		√

MARIA GARCIA $1,700.00

RM No. 13-038, Claim No. 13-030

Claim for property damage to driveway allegedly caused by a City pickup truck that was clearing the street of snow. See recommendation of the Highway Superintendent.

Motion by: Councilman Rose Seconded by: Councilman Cunha

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√		√	√	√
Nay
Abstain
Absent		√

A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous with Councilwoman Capobianco abstaining due to absence at the earlier portion of the meeting.

C. Council Members

1. Loyalty and Devotion to the City (by Assistant Mayor Rose)

Assistant Mayor Rose deferred the item.

2. Labor Day Parade (by Assistant Mayor Rose)

Assistant Mayor Rose deferred the item.

3. Tax Form Check Box (by Assistant Mayor Rose)

Assistant Mayor Rose deferred the item.

4. Budget Commission's Approved 5 Year Plan (by Assistant Mayor Rose)

Assistant Mayor Rose deferred this item.

5. Vacant Properties (by Councilwoman Rossi)

Councilwoman Rossi stated there is a neighborhood present tonight from a very small street in Riverside, Harding Avenue. If a resident parks one car on the street there is almost no room. The neighbors have been using the vacant lot for years and years. Previous Council's have always allowed this. The neighbors have tried to purchase the lot over the years but were always told they could not. This issue dates back to January 16, 2004 and has gone to both the Council and the Planning Board. Councilwoman Rossi reviews documents which were passed out to Council including City memos and minutes from previous Council meetings one from the Planning Board going back to March 1997 stating the City didn't want to sell the parcels.

As the memo states, the lots provide off street parking and open space which is a great value in the densely populated area.

Councilwoman Rossi asked the Council to please review all this paperwork at their convenience. These properties are being marketed as waterfront properties and designated as Residential 4 making it sound like a large property until you go to Harding Avenue and stand on the little lot about the size of two mid-sized cars. The property then it drops a good 4-5 feet, then drops straight down the bluff.

Director Boyle is called to the podium. The City Manager asks the Solicitor to review what the Council's role is. The Solicitor states that based on discussions with the Director of Planning and the City Manager, the Budget Commission approved the sale of these properties and offers have been made and signed by the City Manager.

Public Comment

1. Betty Perry who states she has lived there for 50 years. Her parents bought the house in 1956. The City stated nothing could be built on the plot following the destruction of the previous home on that lot from the hurricane which changed the surrounding landscape and bluff area.

In 1992 when she returned from military service she inquired to purchase the lot for $40,000 but the City said they had no intention of selling.

CRMC denied any buildings on the site stating that it was not buildable and it was too eroded.

2. Scott Shealer said there is no for the neighborhood. Adding they are not asking for a handout, they will do whatever they have to do to purchase. The CRMC report stated the soil is not strong we would pay to have an organization come in and study the situation to find out if it is in fact buildable or not.

He added that he received no assistance from the City on the matter and had to resort to going to Congressman Cicilline for help. No one in the City has helped except for Councilwoman Rossi. The water comes all the way up to the tree line and he stated that when he talked to Save The Bay they provided regulations for a sea wall which would be very difficult to build. Also, he stated the Fire Department provided a report that there can be no parking on the street as emergency vehicles can't get through. The City never plows and the residents have to dig up ourselves, they cut bushes and the grass. Adding it isn't as if they have not tried to purchase the lot both individually and as a neighborhood. 3. Cedalia Barbosa stated that City Engineering told her there were no plans to sell. That the area provides much needed neighborhood parking and that emergencyvehicles can't make it down the street.

4. Mr Miranda stated he has owned his home there since the 1950s. You can't build on the lot because of the erosion.

The Fire Chief was asked to give an opinion and he also agreed that there can be no street parking as the fire apparatus cannot get down the street, the street is too narrow.

Councilwoman Rossi asked if it was possible to take this lot off the market until the City can figure this out.

The City Manager referred to the Solicitor. The Solicitor stated the City has accepted a valid offer for purchase.

5. Gene Saveory asked how many feet from the street noting that the square footage is a 7500 lot. If it meets with coastal approval then a zoning variance must also take place. It is a very dense area and the streets are very restrictive.

Councilwoman Capobianco states that this is ridiculous and the neighbors should be allowed to continue to use the lot.

Councilwoman Rossi makes a motion to take it this offer back to the buyer and ask them to remove it noting that the City is opening itself up for liability issues.

6. A local real estate agent comes to the podium and notes that an offer is not binding and with the buyers consent to remove the offer you could stop the sale. The motion is seconded by Councilwoman Capobianco, and on a roll call vote Councilman Cunha abstains adding that if the real estate agent is correct then that might be fine but that he doesn't have enough information to vote, Assistant Mayor Rose asks to table this until legal can review, Councilwoman Rossi states only if the City doesn't move forward with the purchase and sales agreement until the next Council meeting.

The Solicitor states it is a valid offer and therefore they could move forward.

Assistant Mayor Rose abstains.

The motion passes 2-1 with Mayor Briden voting Nay.

6. Middle School Sports (by Councilwoman Rossi)

Councilwoman Rossi calls Jessica Bouchaine to podium who states that Project 106 is thankful that the checkbox item is on tax bill and it is working.

7. High School Accreditation (by Councilwoman Rossi)

Councilwoman Rossi states the City has been in warning for 5 years if we don't

clear it up we will lose the accreditation.

8. AS 220 (by Councilwoman Rossi)

This item was deferred.

9. Pumpkin Growing Contest (by Councilwoman Rossi)

This item was deferred.

10. Welcoming Business to East Providence (by Councilwoman Capobianco)

This item was deferred.

D. Resolutions

1. (Amendment to Resolution No. 15 - Adopted January 18, 2011)

RULES OF PROCEDURE OF THE CITY COUNCIL

BE IT RESOLVED, that the following Rules be and they are hereby adopted as the Rules of the City Council of the City of East Providence.

Rule One. Duties of the Presiding Officer

a. The Mayor shall be the presiding officer at all meetings of the City Council. The Assistant Mayor shall preside in the absence of the Mayor.

b. The presiding officer shall preserve order and decorum at all meetings of the City Council. In the interest of preserving order and decorum, the presiding officer may in his/her discretion limit the remarks of a citizen or his/her attorney to a period of not more than five (5) minutes on any matter, and may also limit the remarks by the public to a period of not more than one (1) hour on any matter.

c. The presiding officer may speak in preference to any other member of the City Council and shall, subject to the restrictions imposed by subsection (d) of Rule One, decide all questions of order.

d. Any member of the City Council may appeal from the ruling of the presiding officer or the parliamentarian by moving that the presiding officer’s ruling or ruling of the parliamentarian be referred to the members of the City Council who are present. In the event that such motion is seconded, the presiding officer shall immediately, without debate, put the following motion before the body for consideration: “Shall the rule of the chair be sustained?” which question shall be decided by a majority vote of the members present.

e. The presiding officer shall propound all questions and motions in the order in which they are moved, unless the subsequent motion is previous in nature, as set forth in Rule Five, Section (e).

Rule Two. Order of Business

a. A majority of all of the members of the City Council shall constitute a quorum for the conducting of business. A smaller number than a majority may adjourn from time to time until a quorum shall be present. Notice to be given in accordance with the provisions of the City Charter in Article II, Section 8.

b. The order of business of each City Council meeting shall be as follows:

I. Call to order

II. Invocation

III. Salute to the flag

IV. Consent Calendar

V. Proclamations & Presentations

VI. 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.

VII. 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~~ Wednesday preceding the Council meeting.

VIII. Licenses (Requiring Public Hearing and Non-Public Hearings)

IX. Public Hearings

X. Continued Business

XI. New Business

a. City Manager’s Report

b. Reports of Other City Officials

c. Council Members

d. Report of School Committee Liaison

e. 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.

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

g. Communications. Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Wednesday prior to the next regularly scheduled Council meeting. A person who lists more than one topic on their communication will be allowed to speak on the first one listed.

c. At any special meeting called of the City Council, the meeting shall be restricted to the business of the special meeting and no other business shall be considered without the unanimous approval of the City Council.

d. Council members shall submit items for discussion purposes no later than 4:00 p.m. the ~~Thursday~~ Wednesday prior to the next regularly scheduled Council meeting. The docket for all regular meetings shall be prepared and delivered and/or electronically forwarded to ~~the residence of~~ each Council member at least 72 hours prior to said meeting. Any petition requiring a hearing shall be referred to the proper City department for a written report prior to being placed on the docket for discussion or hearing. Copies of all said petitions shall immediately be forwarded to the City Council. No matter may be considered at any meeting that is not specifically on the docket (including votes) without the unanimous consent of the City Council. No petition for rezoning may be withdrawn at any meeting to which it has been assigned for hearing unless such petition is withdrawn at least 72 hours prior to such meeting. The docket will contain a plain language explanation for all ordinances.

Rule Three. Decorum and Debate

a. When a motion is under debate, the chair shall receive no other motions except as set forth in Rule Five, Section (f).

b. Any member desiring to speak shall address the presiding officer and, after his right to speak has been recognized, he shall not be interrupted while speaking except by a call to order or for the correction of a mistake or to yield to another member. He shall confine his remarks to the question under debate and shall avoid personalities. No member shall speak more than once on the same question until all other members desiring to speak thereon shall have done so, and in no event shall any member speak more than twice on any question without the permission of the majority of the members of the City Council. There shall be no conversation among the members while a roll call is being taken, while any paper is being read, or while a question is being stated by the presiding officer.

c. A roll call vote shall be taken as required by the Charter of the City of East Providence, the ordinances of the City, or at the request of any Council member.

d. After a roll call vote has been ordered, said roll call shall not be interrupted, delayed or stopped by the presiding officer or any member of the Council for any reason whatsoever including points of order, personal privileges or for a member to explain his vote. All roll calls shall be taken alphabetically except for the presiding officer who shall vote last.

e. A motion shall be carried by the affirmative vote of a majority of the Council members voting on the motion and the presiding officer shall declare the passage or defeat of any motion. In the case of a tie, the motion shall be defeated.

f. When a vote has been passed, it shall be in order for ay members voting with the majority to move or second the reconsideration thereof not later than the next regular meeting and, when a motion to reconsider has been decided, that vote shall not be reconsidered.

Rule Four. Consent Docket

a. When the City Manager determines that any item of business requires action by the Council but is of a routine and non-controversial nature, (s)he may cause such item to be presented at a regular meeting of the Council as part of the Consent Calendar.

b. The Consent Calendar shall be introduced by a motion “to approve the Consent Calendar” and shall be considered by the Council as a single item.

c. There shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.

d. All items on the Consent Calendar which require public hearings shall be open for hearing simultaneously and the Mayor shall announce or direct the City Clerk to announce the titles of all such items.

e. On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith. Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar. All such items shall be considered individually in the order in which they were objected to immediately following consideration of the Consent Calendar.

f. Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon exactly as if each has been acted upon individually.

Rule Five. Miscellaneous Provisions

a. The City Clerk shall prepare a docket of the business to be conducted at each meeting of the City Council which shall be delivered to each council member’s residence not less than 72 hours before the meeting of the City Council. No ordinance, resolution, petition, order or matter of business shall be considered unless notice of the same shall have been given previously in accordance with these rules. Any additional public hearings concerning a zone change and/or subdivision will require the written consent of a majority of the City Council.

b. Any reports or communications from any department head, City Manager or otherwise, shall be in writing and copy supplied to each Council member with the docket.

c. Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7:30 p.m. in the City Council chamber in City Hall or at such other place as may be designated by a majority of the Council except in the months of July and August when there shall be only one meeting per month on the Tuesday designated by a majority of the City Council. Amended December 1, 1988 (See Council Journal) amended November 13, 1989 (See Council Journal).

d. All meetings of the City Council shall be open to the public and all votes shall be cast in public.

e. A special meeting of the City Council may be called in accordance with the provisions of Article II, Section 7 of the City Charter at the request of the Mayor or upon written request of three (3) members of the City Council, said request addressed to the City Clerk. No business shall be considered at said special meeting other than that as set forth in the call of the meeting without the unanimous consent of the City Council.

f. The order of precedence of motions shall be as follows:

1. Fix the time in which to adjourn

2. Adjourn

3. Recess

4. Raise a question of privilege

5. Lay on the table

6. Suspension of the rules

7. Previous question

8. Limit debate

9. Postpone to a certain time

10. Refer to committee or other official

11. Amend

12. Postpone indefinitely

13. Main motion

The above list shall be the order in which motions may be considered. When any motion is pending before the City Council, any motion before that said motion on this list shall take precedence and be acted upon first and those following shall be out of order.

g. The following motions shall not be debatable:

1. Adjourn

2. Recess

3. Raise question of privilege

4. Lay on the table

5. Suspension of the rules

6. Previous question

7. Limit debate

h. These rules shall not be altered, amended, suspended or repealed at any time except by an affirmative vote of four-fifths (4/5) of the entire City Council unless docketed 72 hours prior to meeting.

i. Roberts Rules of Parliamentary Procedure shall prevail in the absence of any specific rule as set forth herein.

j. The City Solicitor is designated as parliamentarian for the purpose of interpreting these rules of procedure.

k. In the event that any section of these rules shall be in conflict with the City Charter or ordinances of the City of East Providence, then such rule shall fail, however, those rules which are not in conflict shall remain in full force and effect.

l. Any member of the public who requests to speak on any docket item that is not part of the Public Hearing section or specifically on the docket will be allowed to speak if approved by unanimous consent of the Council.

Requested by: Councilwoman Capobianco

This item was deferred.

2. A resolution regarding tax exempt status for the Boys and Girls Club of East Providence, Inc.

WHEREAS, the Boys’ and Girls’ Club of East Providence, Inc. of East Providence, Rhode Island incorporated on November 23, 1935 is a Charitable Non-Profit Corporation whose mission is to inspire and enable all young people to realize their full potential as productive, responsible and caring citizens; and

WHEREAS, the Boys’ and Girls’ Club of East Providence, Inc. provides homework assistance, affordable child care, sports, arts, and daily family needs; and

WHEREAS, Boys’ and Girls’ Club of East Providence, Inc. is the POSITIVE Place For Kids administering educational, health and life skills, including character and leadership development for children in the community of East Providence; and

WHEREAS, other charitable organizations already benefit from legislation exempting all of their Rhode Island property from taxation.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Boys’ and Girls’ Club of East Providence, Inc. a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. The Boys’ and Girls’ Club of East Providence, Inc., a Rhode Island Charitable Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and the Senators and Representatives from the City of East Providence.

Requested By: Councilman Cunha

Councilwoman Rossi asks if the Council sends these resolutions to the State House and changes the legislation will it create a hole in the budget or do we know where the money is coming from?

The Finance Director states we may run into a hole we will need to plug.

The City Manager referred them to the memo in their packet on this subject and stated that at this point things cannot be determined.

Assistant Mayor Rose asked if it could be filled utilizing the State aid?

Director Moore states the aid could be about $800,000 but this has not been approved yet.

Assistant Mayor Rose asked about the savings achieved via negotiations with police and fire?

Director Moore states the Budget Commission tried to put in tentative savings with healthcare but negotiations are still ongoing.

Councilwoman Rossi asks if anyone is willing to wait until we know what the State is going to give us.

Councilman Cunha stated that last time he checked with the State, the aid would cover all the exemptions.

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

3. A resolution regarding tax exempt status of the Columbus Club of East Providence, 3200 Pawtucket Avenue.

WHEREAS, the Columbus Club of East Providence of 3200 Pawtucket Avenue, East Providence, Rhode Island, and organized on February 8, 1940, is a Charitable Non-Profit Corporation that provides for charities for the East Providence Knights of Columbus, and is located in and owns property in the City of East Providence; and

WHEREAS, the Columbus Club of East Providence is presently being assessed taxes by the City of East Providence; and

WHEREAS, the Columbus Club of East Providence has no income and has its budget entirely funded by membership club dues; and

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Columbus Club of East Providence a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. The Columbus Club of East Providence, a Rhode Island Charitable Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

4. A resolution regarding tax exempt status for the Columbus Club of Barrington 3 Viola Avenue, Riverside.

WHEREAS, the Columbus Club of Barrington of 3 Viola Avenue, Riverside, Rhode Island, and incorporated on February 15, 1955, is a Charitable Non-Profit Corporation that provides for charities for the East Providence Knights of Columbus, and is located in and owns property in the City of East Providence; and

WHEREAS, the Columbus Club of Barrington is presently being assessed taxes by the City of East Providence; and

WHEREAS, the Columbus Club of Barrington has no income and has its budget entirely funded by membership club dues; and

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Columbus Club of Barrington a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. The Columbus Club of Barrington, a Rhode Island Charitable Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

5. Resolution regarding tax-exempt status for East Bay Community Action Program (EBCAP).

WHEREAS, East Bay Community Action Program (EBCAP), a Domestic Non-Profit Corporation that provides for charities in the East Providence community and is located in and owns property in the City of East Providence, Rhode Island; and

WHEREAS, EBCAP provides a wide array of health and human services to the residents of East Providence which include Head Start Services and Early Head Start, family health and dental services including East Bay Smiles and the Molar Express, family development case management services, food pantries, youth programs, East Bay Coalition for the Homeless, Heating and Energy Services, as well as many other programs; and

WHEREAS, the mission of EBCAP is to provide high quality, comprehensive and accessible human health services to assist people to achieve their fullest potential; and

WHEREAS, the vision of EBCAP is to be recognized as the premier health and human services agency in the East Bay, including the City of East Providence; and

WHEREAS, other charitable organizations already benefit from legislation exempting all of their Rhode Island property from taxation.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the East Bay Community Action Program a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. The East Bay Community Action Program, a Domestic Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

6. Resolution regarding tax exempt status for the Lodge 2337 BPO Elks.

WHEREAS, Lodge 2337 BPO Elks of 60 Berkley Street, East Providence, Rhode Island, an organization that provides for charities for the Benevolent and Protective Order of Elks of the USA, and is located in and owns property in the City of East Providence; and

WHEREAS, the Elks inculcate the principles of Charity, Justice, Brotherly Love, and Fidelity to promote the welfare of its community; and

WHEREAS, the Elks serve the people and community of East Providence through benevolent programs, demonstrating they care and share; and

WHEREAS, the Elks support their membership through donations and club dues, and

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing Lodge 2337 BPO Elks a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. Lodge 2337 BPO Elks shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Councilman Cunha

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

7. A resolution regarding tax exempt status for the Rhode Island Philharmonic Orchestra & Music School.

WHEREAS, the City of East Providence is proud of the fact that the Rhode Island Philharmonic Orchestra & Music School is located within the City; and

WHEREAS, the Rhode Island Philharmonic Orchestra & Music School has been the leader in promoting the arts in Rhode Island and in fact throughout the United States; and

WHEREAS, the Rhode Island Philharmonic Orchestra & Music School serves approximately 1500 children, youth and adults every week with lessons, classes, ensembles and community partnership programs; and

WHEREAS, the Rhode Island Philharmonic Orchestra & Music School has many dedicated and award winning teachers, conductors, and coaches who teach all kinds of music within our neighborhood; and

WHEREAS, the Rhode Island Philharmonic Orchestra & Music School is presently being assessed taxes by the City of East Providence; and

WHEREAS, other charitable organizations already benefit from legislation exempting all of their Rhode Island property from taxation.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Rhode Island Philharmonic Orchestra & Music School permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. The Rhode Island Philharmonic Orchestra & Music School shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

8. A resolution regarding tax exempt status for Self Help, Inc.

WHEREAS, Self Help, Inc., a Domestic Non-profit Corporation provides for charities and is located in and owns property in the City of East Providence; and

WHEREAS, for years, Self Help, Inc. has administered health and human services to the citizens of East Providence by providing family health and dental services, basic human needs, food pantries, youth programs, and additional services as needed; and

WHEREAS, the mission of Self Help, Inc. has been to provide high quality, comprehensive and accessible health and human services to assist people to achieve their fullest potential; and

WHEREAS, other charitable organizations already benefit from legislation exempting all of their Rhode Island property from taxation.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing Self Help, Inc. a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. Self Help, Inc., a Rhode Island Domestic Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

9. A resolution regarding tax exempt status for St. Andrews Lodge No. 39.

WHEREAS, St. Andrews Lodge No. 39 of 18 Turner Avenue, East Providence, Rhode Island, a Charitable Organization that provides for charities for the Rhode Island Freemasons and is located in and owns property in the City of East Providence; and

WHEREAS, St. Andrews Lodge No. 39 affords an opportunity for service to mankind, including living a life consistent with being a helpful citizen, neighbor and friend; and

WHEREAS, St. Andrews Lodge No. 39 actively engages in the community of East Providence through the spirit of helpfulness to its fellow-man; and

WHEREAS, St. Andrews Lodge No. 39 is presently being assessed taxes by the City of East Providence; and

WHEREAS, St. Andrews Lodge No. 39 supports itself with donations and membership club dues.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing St. Andrews Lodge No. 39 a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. St. Andrews Lodge No. 39, a Rhode Island Charitable Organization shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Assistant Mayor Rose

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

10. A resolution regarding tax exempt status of the Zion Gospel Temple, Inc. (Zion).

WHEREAS, Zion Gospel Temple, Inc. (Zion) is a Religious Non-Profit Corporation which owns property at 90 Leonard Avenue, East Providence, Rhode Island as well as other real property in the City of East Providence; and

WHEREAS, the purposes for which Zion is organized are to operate for religious, charitable and distinct ecclesiastical purposes; and

WHEREAS, the first floor of the property owned by Zion at 90 Leonard Avenue, East Providence, Rhode Island is operated for religious, charitable and distinct ecclesiastical purposes; and

WHEREAS, the first floor of 90 Leonard Avenue is presently being assessed taxes by the City of East Providence; and

WHEREAS, Zion is desirous of the City of East Providence exempting the first floor of 90 Leonard Avenue from taxation; and

WHEREAS, other religious and charitable organizations already benefit from legislation exempting their property from taxation.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing Zion Gospel Temple, Inc. a permanent exemption for the first floor of 90 Leonard Avenue from taxation.

To be enacted by the General Assembly as follows:

SECTION 1. Zion Gospel Temple, Inc., a Religious Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes as to the first floor of 90 Leonard Avenue, East Providence, Rhode Island only.

SECTION 2. This act shall take effect as of December 31, 2012.

Requested By: Councilman Cunha

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 3-2 with Councilwoman Rossi and Mayor Briden voting Nay.

11. RESOLUTION IN SUPPORT OF H-5810 RELATING TO FUNDING FOR THE RHODE ISLAND DEPARTMENT OF HEALTH'S CHILDHOOD LEAD POISONING PREVENTION AND HEALTHY HOMES PROGRAM

WHEREAS, the Rhode Island Department of Health's Lead Poisoning Prevention and Healthy Homes Program is expected to shut down this fall due to the elimination of its federal funding; and

WHEREAS, East Providence has demonstrated a longstanding commitment to lead poisoning prevention and childrens’ health, as the first city in Rhode Island to receive grant funding from the U.S. Department of Housing and Urban Development for lead hazard reduction in local homes; and

WHEREAS, 1 in 5 children eligible to enter kindergarten in East Providence in 2013 has a history of lead poisoning; and

WHEREAS, there is no safe level of lead exposure for children, and lead poisoning is known to cause serious, permanent problems ranging from behavioral issues to academic challenges to severe cognitive disabilities; and

WHEREAS, lead poisoning causes significant and preventable financial costs to taxpayers, including an extra $17 million for special education services in Rhode Island in 2012 alone; and

WHEREAS, the work of the Health Department's Childhood Lead Poisoning Prevention and Healthy Homes Program is critically necessary to ensure that lead poisoned children in East Providence receive immediate help; that local lead poisoning statistics continue to be collected and made available to the public; and that lead poisoning prevention efforts are coordinated statewide.

NOW, THEREFORE, BE IT RESOLVED that the City Council supports H-5810 and hereby requests that the Rhode Island General Assembly enact the bill into law and authorize the allocation of at least $600,000 to the Health Department's Childhood Lead Poisoning Prevention and Healthy Homes Program; and that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Senators and Representatives from the City of East Providence.

This resolution shall take effect upon its passage.

Requested by: Councilwoman Capobianco

A motion to approve the resolution is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

E. Introduction of Ordinances

1. An ordinances regarding business registrations.

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I. Section 8-13 entitled “Procedure; exemptions” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-13. Procedure; exemptions.

~~(a)~~ Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the thirtieth day in ~~November~~ April and shall be renewed annually. ~~upon payment of the required fee~~. ~~In the first year, the fee will be collected by April 1 and then by December 1 of each subsequent year~~. No certificate shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.

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: City Manager

This item was deferred.

2. An ordinance regarding snow removal.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"

SECTION I. Subsections (c) and (d) of Sec. 14-40 entitled “Removal of snow” of Article III entitled “Sidewalks” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, are amended to read as follows:

(c) Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.

(d) Penalties. All violations of this section shall be subject to a ~~fine of $25.00~~ written warning for a first offense, a fine of ~~$50.00~~ $25.00 for a second offense, and a fine of ~~$100.00~~ $75.00 for a third and subsequent offenses.

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: Councilwoman Rossi

This item was deferred.

F. Communications

1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding Equipment Consolidation.

2. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding School Construction Updates.

3. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding sign change update from Meadowcrest to Oldham.

XII. ADJOURNMENT

A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

Approved By Council: July 16, 2013

Attest: _______________

City Clerk

I. EXECUTIVE SESSION

II. CALL TO ORDER

III. SALUTE TO THE FLAG

IV. TO APPROVE THE CONSENT CALENDAR

V. PUBLIC COMMENT

VI. PROCLAMATIONS AND PRESENTATIONS

VII. LICENSES REQUIRING PUBLIC HEARING

VIII. LICENSES NOT REQUIRING PUBLIC HEARING

IX. PUBLIC HEARING - SHOW CAUSE HEARINGS

X. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

XI. NEW BUSINESS

XII. ADJOURNMENT