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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
June 7, 2016
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Open Session
Executive Session, Room 101
*** Note Councilman Britto is absent.
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. Peter Drago
2. Jeremiah Harrison-Viera
3. Paul Santos
4. Krystal Lynn Waters
B. Claims for Reconsideration
1. David S. Stern
C. Litigation
1. Kent Farm RI LLC vs Steven Hazard, in his capacity as Tax Assessor for the City of East Providence
D. Sewer Charge Abatements
1. Thomas Correia
2. Evangelical Covenant Church
3. Steven LeBlanc
4. Ricardo Rebelo
5. Maria Rego
6. Rafael Sanchez
7. Bethany Solomon
II. CALL TO ORDER
Mayor Rose calls the meeting to order at 7:15PM.
III. SALUTE TO THE FLAG
Councilman Conley makes a motion to move the item listed under Council Members item Number 3 to this location on the docket, the motion is seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
1. Revaluation Discussion (by Councilman Conley)
There is a large crowd gathered for this item. The City Assessor begins his presentation. However, due to increased questions the Council allows audience members who have questions of the Assessor to line up at the podium. The following is a list of those who approached the podium with comments and questions.
Karen Leach 87 Terrace Avenue
Ronald Moore 31 Bluff Street
Fred McDonald 305 Terrace Avenue
Robert Bellhouse 203 Narragansett Avenue
Richie Baptista 3 Harding Avenue
Jason Rafferty 85 Bluff Street
Dean Ross 890 Bullocks Point Avenue
Harriet Willie 209 Terrace Avenue
Margaret Bunker 88 Terrace Avenue
Richard sully 200 Narragansett Avenue
Judy Antonelli 74 Riverside Drive
Victoria Belmont 196 Narragansett Avenue
Michael Aqui 1169 Bullocks Point Avenue
Susan Arruda 245 Terrace Avenue
Fred Bishop Hallock Avenue
Debra Reno 37 Narragansett Avenue
Joe Botelho 82 Plymouth Road
Susan Bruce Narragansett Avenue
Mary Lynn Walsh Sea View Avenue
Candy Seel 134 S. Broadway
Ivan Wolf 221 Terrace Avenue
Robert Gonzales 196 Terrace Avenue
There is a motion to continue the Council Meeting 15 minutes past the curfew made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Resolution in support of Gun Free Schools from the Exeter-West
2. Greenwich Regional School District.
3. Resolution Town of Exeter in support of Article 15 Relating to Municipalities of the Governor’s FY 2017 Budget.
B. Cancellation/Abatements
Year Amount
2013 HS Roll $2,221.50
2013 $366.33
2014 $544.88
2015 $216,178.48
Total $219,311.19
C. Corporate Name Change
From Tasca Automotive Group East, Inc to Tasca Automotive Group, Inc DBA Preowned Factory Auto Sales
D. Council Journals
1. Regular Council Meeting May 17, 2016
A motion to approve the Consent Calendar subject to Letter C including a notation subject to receiving their State licensing is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
V. PUBLIC COMMENT
A. Nancy Emery – Taxes
B. Steven Donnelly – IBEW 2323 Workers
C. Rachael Hantman – No Guns In Schools Resolution
D. Pete Bilderbeck – No Guns In Schools Resolution
VI. APPOINTMENTS
A. Traffic Control (by Assistant Mayor Cunha)
Michelle Lopes, 35 Charles Street (02914)
A motion to approve the appointment is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Hawker – 60 Day
2 Locations:
750 Taunton Avenue and 40 Highland Avenue
Keith M. Lambert DBA Keystone Novelties Distributors, LLC, 201 Seymour Street, Lancaster, PA 17603, Keith M. Lambert, 1455 Wallum Lake Road, Pascoag (02859)
A motion to approve the license is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Hawker - 60 Day
Location: 1235 Wampanoag Trail
American Promotional Events, Inc. DBA TNT Fireworks, 4511 Helton Drive, Florence AL 35630, Tatiana Rose DeJesus, 46 Douglas Avenue, 3rd Floor, Yonkers, NY 10703
A motion to approve the license is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A. An Ordinance in Amendment of Building Permit Fees
A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS”
SECTION I. Section 4-16 entitled “Building permits” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
The valuation of the estimated cost of any new structure shall be established in accordance with the schedule set out in this section.
(1) All building permits, whether for new structures, repairs or alterations, and the fees for such permits are hereby fixed as follows. A $250.00 late charge shall be added for starting work before obtaining a permit. Said late charge may be waived at the reasonable discretion of the building official as a result of work being performed due to exigent circumstances; provided said waiver is limited to one waiver per property and owner.
TABLE 1
Valuation Fee Factor Fee
a. From $0 to $5,000.00 $95.00 Flat Fee
b. From $5,001.00 to $10,000.00 .019 $95.00 Minimum
c. From $10,001.00 to $20,000.00 $200.00 Flat Fee
d. From $20,001.00 to $50,000.00 .011 $220.00 Minimum
e. From $50,001.00 to $100,000.00 .01 $560.00 Minimum
f. From $100,001.00 to No Limit .0099 $1,000.00 Minimum
TABLE 2
Building validation: The following building validation data represents average valuations of most buildings. In conjunction with the International Code Council, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again, it should be noted that, when using this data, these are “averages” with cost based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, interior finish material and includes the issuance of certificate of occupancy’s (C of O). The data is a Rhode Island average and is subject to the local building official’s further review. The building valuation data is not intended to apply to alterations or repairs to existing buildings because the scope of alterations or repairs to an existing building varies so greatly. However, building validation data can be used to determine the cost of an addition that is basically a standalone building which happens to be attached to an existing building.
| Group (2012 International Building) | IA | IB | IIA | IIB | IIIA | IIIB | IV | VA | VB |
| A-1 Assembly, theaters, with stage | 237.95 | 230.14 | 224.53 | 215.14 | 202.28 | 196.45 | 207.9 | 184.9 | 177.9 |
| A-1 Assembly, theaters without stage | 218.05 | 210.24 | 204.62 | 195.23 | 182.48 | 176.65 | 188 | 165.09 | 158.09 |
| A-2 Assembly, nightclubs | 187.78 | 182.45 | 177.34 | 170.21 | 159.88 | 155.54 | 163.93 | 144.88 | 140.78 |
| A-2 Assembly, restaurants, bars, banquet halls | 186.72 | 181.38 | 175.23 | 169.15 | 159.75 | 154.48 | 162.86 | 142.76 | 139.72 |
| A-3 Assembly, churches | 220.19 | 212.38 | 206.76 | 197.31 | 184.87 | 179.04 | 190.14 | 167.5 | 160.49 |
| A-3 Assembly, general community halls, libraries, museums | 183.76 | 175.95 | 169.27 | 160.93 | 147.23 | 142.46 | 153.71 | 129.85 | 123.9 |
| A-4 Assembly, arenas | 216.99 | 209.18 | 202.5 | 194.17 | 180.35 | 175.59 | 183.94 | 162.97 | 157.04 |
| B Business | 190.05 | 183.07 | 176.97 | 168.22 | 153.3 | 147.55 | 161.58 | 134.55 | 128.6 |
| E Educational | 203.64 | 196.62 | 190.85 | 182.21 | 169.7 | 160.72 | 175.93 | 148.29 | 143.47 |
| F-1 Factory and industrial, moderate hazard | 114.92 | 109.52 | 103.01 | 98.98 | 88.23 | 84.39 | 94.57 | 72.81 | 68.25 |
| F-2 Factory and industrial, low hazard | 113.86 | 108.46 | 103.01 | 98.98 | 88.23 | 83.34 | 93.51 | 72.81 | 67.19 |
| H-1 High Hazard, explosives | 107.62 | 102.23 | 96.77 | 91.68 | 82.22 | 77.33 | 87.28 | 66.8 | N.P. |
| H234 High Hazard | 107.62 | 102.23 | 96.77 | 91.68 | 82.22 | 77.33 | 87.28 | 66.8 | 61.17 |
| H-5 HPM | 190.05 | 183.07 | 176.98 | 168.22 | 153.31 | 151.72 | 161.58 | 134.55 | 128.86 |
| I-1 Institutional, supervised environment | 188.42 | 181.79 | 176.51 | 169.01 | 155.08 | 150.99 | 168.67 | 139.16 | 134.32 |
| I-2 Institutional, hospitals | 320.58 | 313.6 | 307.51 | 298.75 | 282.8 | N.P. | 292.11 | 264.03 | N.P. |
| I-2 Institutional, nursing homes | 221.94 | 214.95 | 208.87 | 200.1 | 186.26 | N.P. | 193.47 | 167.49 | N.P. |
| I-3 Institutional, restrained | 216.52 | 209.54 | 203.45 | 194.69 | 181.36 | 174.56 | 188.05 | 162.6 | 154.55 |
| I-4 Institutional, day care facilities | 188.42 | 181.79 | 176.51 | 169.01 | 155.09 | 150.99 | 168.67 | 139.16 | 134.32 |
| M Mercantile | 139.96 | 134.63 | 128.47 | 122.4 | 111.79 | 108.53 | 116.11 | 96.8 | 93.75 |
| R-1 Residential, hotels | 189.88 | 183.26 | 177.97 | 170.47 | 156.82 | 152.75 | 170.15 | 140.9 | 136.06 |
| R-2 Residential, multiple family | 159.26 | 152.63 | 147.35 | 139.85 | 126.95 | 122.86 | 139.51 | 111.02 | 106.19 |
| R-3 Residential, one- and two-family | 154.56 | 150.31 | 146.56 | 142.79 | 137.2 | 133.75 | 139.83 | 128.3 | 120.21 |
| R-4 Residential, care/assisted living facilities | 188.42 | 181.79 | 176.51 | 169.01 | 155.08 | 150.99 | 168.67 | 139.16 | 134.32 |
| S-1 Storage, moderate hazard | 106.56 | 101.16 | 94.64 | 90.62 | 80.1 | 76.26 | 86.22 | 64.68 | 60.11 |
| S-2 Storage, low hazard | 105.5 | 100.1 | 94.64 | 89.55 | 80.1 | 75.2 | 85.16 | 64.68 | 59.05 |
| U Utility, miscellaneous | 80.12 | 75.49 | 70.78 | 67.17 | 60.4 | 56.41 | 64.03 | 47.27 | 45.02 |
| *Private Garages use Utility, Miscellaneous *Unfinished Basement (all use groups) = $17.00 per sq. ft. *For shell only building deduct 20 percent *N.P. = Not Permitted | |||||||||
a. Estimated cost $100.00 to $5,000.00 .....$50.00
b. Estimated cost $5,001.00 to $10,000.00 .....75.00
c. For each additional $1,000.00 or fraction thereof to $50,000.00 .....7.00
d. $50,000.00 .....353.00
For each additional $1,000.00 or fraction thereof to $100,000.00 .....$7.00
e. $100,000.00 .....703.00
For each additional $1,000.00 or fraction thereof to $1,000,000.00 .....7.00
f. $1,000,000.00 .....7,003.00
Plus $7.00 per thousand or fraction thereof, no maximum.
g. Oiled-fired burners, bBoilers, and furnaces and/or gas-fired burners, boilers and furnaces heating systems under with a rating less than 200,000 BTUs each .....50.00 or other mechanical permits such as pumbing and piping systems, air conditioning, etc. shall be charged the building permit fee schedule rate as outlined in Table 1.
h. Boilers, furnaces or heating systems over 200,000 BTUs or other mechanical permits, such as pumping and piping systems, air-conditioning, elevators, etc. shall be charged the building permit fee schedule rate as outlined in this section.
ih. Demolition:
Residential ..... 50.00 100.00
Commercial .....100.00
ji. Moving building .....200.00
kj. Tanks: install, relocate or remove each
Commercial….....125.00
Residential……….75.00
lk. Pumps: install, relocate or remove each .....125.00
ml. Certificate of occupancy:
Residential: $25.00 for initial inspection and $25.00 for each additional inspection.
Commercial: $100.00 for initial inspection and $100.00 for each additional inspection for existing buildings.
n. Garage: $15.00 per square foot for attached and $20.00 per square foot for unattached.
o. Basement: $12.00 per square foot for unfinished and $20.00 per square for finished.
p. Shed: $10.00 per square foot
q. Deck: $10.00 20.00 per square foot
r. Interior renovations: $25.00 per square foot
sm. Wood stoves and fireplaces .....25.00 50.00
t n. Tents over 120 square feet .....20.00 50.00
uo. Swimming pools: cost of construction per fee schedule
vp. Building code board of standards and appeals .....100.00 200.00
wq. Minimum property standards board of review appeal .....100.00 200.00
xr. Temporary structures, storage containers, mobile houses or any other temporary structure .....50.00 100.00
ys. A fee of $25.00 50.00 per inspection will be charged for change of occupancy, rooming houses, laundry and dry cleaners, school inspections other than public schools.
(2) Fees will be computed as follows:
a. Compute gross square footage.
b. Locate square foot construction cost in those current charts on file in the city clerk's office. The charts are referred to as Table 1 and/or 2. and adjust for height as per the notation set forth in the tables.
c. Compute construction cost: Gross square footage × square foot construction cost. × $1.50.
(3) Plan review fee. In addition to the fees listed in this subsection, a plan review fee shall be paid at the time of application whenever any application for a building permit is made for work valued at $200,000.00 or more. This fee shall be equal to one-third of the permit fee calculated in accordance with the schedule of permit fees listed in this subsection.
SECTION II. Section 4-17 entitled “Plumbing permits” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
Permit fees for plumbing installations are hereby fixed as follows:
(1) Plumbing .....$20.00 50.00 plus $10.00 20.00 per fixture
(2) Hot water heater .....20.00 30.00
(3) Drainage, cellar bottom .....20.00 30.00
(4) Sewer connection .....75.00
SECTION III. Section 4-18 entitled “Electrical permits” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
(a) The following schedule of fees shall be charged for the issuance of electrical permits for the installation or repair of all types of electrical installation. Such schedule of fees for permits shall be based on the cost of electrical equipment, materials and labor used for the installation or repair of any electrical project.
| Valuation | Fee Limits |
(1) $1.00 to $1,000.00 $50.00 75.00
(2) Each additional $1,000.00 after $1,000.00
to $ 11,000.00 7.00 10.00
(3) Each additional $1,000.00 after $11,000.00 ............6.00 9.00
(b) All plants, factories, mills, machine shops and other commercial or industrial establishments employing electricians shall obtain an annual permit at a cost of $50.00 100.00 per year.
(c) All persons applying for temporary permits for the installation of electrical systems for circuses, carnivals, used car lots, etc. shall obtain a temporary permit at a cost of $50.00 100.00 for each permit.
SECTION IV. Subsection (a) of Section 4-19 entitled “Signs and outdoor advertising permits, fees” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
(a) Permit fees for the following signs and for the operation of an outdoor advertising business are hereby fixed as follows:
(1) Each sign up to ten square feet .....$25.00 50.00
(2) Signs in excess of ten square feet, per square foot .....3.00 5.00
(3) Roof signs over 300 square feet .....100.00 200.00
Plus $3.00 per square foot
(4) Pylons or pole signs over 15 feet in height .....75.00 150.00
Plus $3.00 per square foot.
(5) Temporary signs, 30-day limit .....50.00 100.00
(6) Outdoor advertising, annual fee, $50.00 for the first 100 square feet or fraction thereof and $10.00 for every additional 100 square feet or fraction thereof, per sign per year.
SECTION V. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Rose
A motion to approve the ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. An Ordinance Regarding the Kettle Point Amended TIF Plan
A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
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, 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, upon recommendation of the East Providence Waterfront Special Development District Commission (the "Waterfront Commission") the City Council approved Amendment No. 1 to the Project Plan, by Ordinance No. 578 duly passed by the City Council on May 21, 2013 and June 4, 2013 (the "2013 Redevelopment Ordinance") and Amendment No. 2 to the Project Plan by Ordinance No. 609 duly passed by the City Council on June 17, 2014 and on July 15, 2014 (the "2014 Redevelopment Ordinance"), based upon the City’s findings, among other things, that the projects, facilities, programs and other assistance described in the Project Plan, as amended, are needed and in the public interest; 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, Kettle Point LLC (known for a period of time as KP LLC) has been the designated developer of certain land located in the Kettle Point Special Development Sub-district and has been working with the City towards the development of a mixed-use project in the Kettle Point Special Development Sub-district and anticipates capital expenditures of approximately $86,000,000 for such development (the "Kettle Point Project"); and
WHEREAS, in order to satisfy private lender requirements it may be necessary that one or more affiliates of Kettle Point LLC be approved by the City's Authorized Officers (as defined below) to hold title to portions of the Kettle Point Project and to be the City's designated developer (the "Designated Developer") of the Kettle Point Project; and
WHEREAS, in response to market conditions, Kettle Point LLC intends to change the number of condominiums and luxury apartments and intends to include medical office facilities in the development and has requested other concessions from the City; and
WHEREAS the East Providence Waterfront Commission has recommended that the City Council approve Amendment No. 3 to the Project Plan which amends the Project Plan consistent with improvements now contemplated for the Project Area; and
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 9 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 $10,600,000 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, at its meeting of April 28, 2016, the Waterfront Commission approved an assessment plan (the "Assessment Plan") to impose such assessments; 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; and
WHEREAS, the TIF Bonds will be special obligations of the City payable solely from project revenues; and
WHEREAS, the City wishes to further amend the Project Plan to permit the development of the Kettle Point area by the Designated Developer, and approve the Assessment Plan 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 Nos. 1, 2 and 3 (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 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 does not contemplate 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 100 permanent and 757 temporary full-time equivalents jobs. It is expected that wages and benefits from such jobs 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 City Manager and the Director of Finance (the "Authorized Officers") shall designate Kettle Point LLC or affiliate of Kettle Point LLC as the Designated Developer of the Kettle Point Project. Such designation shall be reported by the City Manager and the Director of Finance to the City Council prior to the execution by the Authorized Officers of the Development Agreement described in Section 9 below.
SECTION 2. 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 33.2 of title 45 of the Rhode Island General Laws, provided that references in the Amended Project Plan to Kettle Point LLC as developer shall be revised to refer to the Designated Developer, to be designated in accordance with Section 1. The public improvements shall be in the Project Area, and shall be identified as "Kettle Point TIF Project Number 2013-1."
SECTION 3. There is hereby authorized, subject to Section 9 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 $10,600,000 to finance the TIF Projects contained in the Amended Project Plan relating to the Kettle Point Project (the "Bonds").
SECTION 4. 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 5. 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 6. The City hereby pledges not more than 70% 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 60% of the estimated tax increment supporting the Bonds.
SECTION 7. 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 8. 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 issued, 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 9. 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 10. The Authorized Officers are authorized to prepare and deliver an Official Statement or 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 Limited Offering Memorandum, a Trust Indenture, one or more Series Indentures and a Bond Purchase Agreement consistent with the terms and conditions determined by the Authorized Officers in accordance with Section 8.
SECTION 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. This Ordinance is an affirmative action of the City Council of the City in accordance with the purposes of the laws of the State and constitutes the City’s declaration of official intent, pursuant to Treasury Regulation § 1.150-2, to reimburse the City or the Designated Developer for expenditures paid prior to the issuance of the Bonds. Amounts to be reimbursed shall not exceed $10,600,000 and shall be reimbursed in accordance with provisions of the Code.
SECTION 18. 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, as heretofore adopted on April 28, 2016 by the Waterfront Commission in accordance with chapter 345 of the Public Laws of 2003.
SECTION 19. 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.
This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Rose
Mayor Rose read a statement regarding a notation he would like listed prior to the vote of the City Council.
Solicitor Chapman spoke for the Mayor and stated that the notation provides the applicant with 4 months to get the project done and if not then the item may be brought back on the agenda for reconsideration. He noted that this was done in consultation with the City’s Bond Council Southwest and Cyphill one of the investors.
Mr. Baccari came to the podium and stated that this was never a condition of the previous ordinance and that no one has more at stake to get this job done than he does. He stated he feels it is a little bit unnecessary to place a burden that he would have to come back here again. Adding it is unfair to him and that is not how it was presented for tonight and passed 3 other times.
The Solicitor notes that this is not an amendment to the ordinance it is just a notation in the minutes that states the City Council supports bringing it back if it is not done by September 30th. They don't have to but the option is there. This was discussed to protect the City.
Assistant Mayor Cunha stated that he can sympathize with Mr. Baccari because things don't happen that way in construction and he understands this because he is in construction.
The Solicitor states they can pass the ordinance first and then the notation.
Mayor Rose asked if there was a motion for the notation.
Councilman Conley makes the motion for the notation in the minutes to read that if the project is not closed by September 30, 2016 the City Council may bring the item back on the agenda for reconsideration
Councilwoman Capobianco states she is not comfortable with the notation because she just heard about it right now, perhaps if she had gotten it earlier.
The motion dies.
A motion to approve the Ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
IX. NEW BUSINESS
A. City Manager’s Report (by City Manager, Richard Kirby)
4. Warren Avenue Culvert
The City Manager calls David Bachrach to the podium. David states that they had gone out to design and construct and didn’t know until they started the surveying what the full cost was going to be because two things had transpired. There was a regulatory push back that impacted the design culvert on each side, one portion is in Massachusetts and this caused a change order. He also notes that he spoke to Finance Director Moore who states there is the opportunity to fund this project if it is the will of City Council.
A motion to approve is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
5. PK Rumford Tax Stabilization Application
Pursuit to the Tax Stabilization Ordinance and the various development ordinances and the Rumford Center’s new project, Jim Moran on behalf of the Planning Department is present to request this application as an extended stabilization application. Jim informs the City Council that he has larger sized maps with him if Council would like to view those. It is an 80 unit, 5 story development. The applicant was approved by the Planning Board and the Economic Development Commission. They have provided a statistical run down in the memorandum to City Council. The statistics go out over 10 years and even at that time it will still be a revenue generator for the City.
A motion to approve is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Council Members
1.Portuguese Flag Raising and Day of Portugal (by Assistant Mayor Cunha)
Assistant Mayor Cunha discussed American Flag Day and Day of Portugal Celebrations in the past and announced a plan to hold a similar event next year. Additionally, he announced that the Portuguese Flag had been raised on City Hall in commemoration and that there were RI State events being held that weekend in Providence.
2. Beautification Commission Arbor Day Event (by Councilwoman Capobianco)
This item was deferred.
C. 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 Conley and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rose – Aye, Councilman Britto – Absent, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JUNE 7, 2016; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
PETER DRAGO $37.64
RM No. 16-044, Claim No. 16-018
Claim for property damage to vehicle sustained as a result of striking a pothole on Tripps Lane. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $37.64.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
JEREMIAH HARRISON-VIERA $324.92
RM No. 16-049, Claim No. 16-020
Claim for property damage to vehicle sustained as a result of striking a pothole on Brown Street. See recommendation of the Director of Public Works.
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $324.92.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
PAUL SANTOS $1,045.72
RM No. 16-055, Claim No. 16-023
Claim for property damage to vehicle sustained as a result of vandalism while the vehicle was parked in the Weaver House parking lot while claimant was attending a School Committee meeting.
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
KRYSTAL LYNN WATERS $1,395.95
RM No. 16-050, Claim No. 16-021
Claim for property damage to vehicle sustained as a result of striking a pothole on Narragansett Park Drive. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Deny the claim.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
CLAIM FOR RECONSIDERATION
DAVID S. STERN $1,473.81
RM No. 16-039, Claim No. 16-015
Claim for property damage to vehicle sustained as a result of striking a pothole on Narragansett Park Drive. The Claims Committee voted at its meeting held on May 17, 2016 to approve the claim in the amount of $359.44. Claimant is not willing to accept that amount and is asking for reconsideration of the claim in the amount of $1,473.81.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $359.44.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
LITIGATION
KENT FARM RI LLC VS. STEVEN HAZARD, IN HIS CAPACITY
AS TAX ASSESSOR FOR THE CITY OF EAST PROVIDENCE
C.A. NO. PC2014-5943
Settlement Agreement
Motion by: Councilwoman Capobianco Seconded by: Councilman Conley
Motion: Approve the Settlement Agreement.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
SEWER CHARGE ABATEMENTS
THOMAS CORREIA $451.08
Request for a sewer charge abatement for the property located at 2441 Pawtucket Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $451.08.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
EVANGELICAL COVENANT CHURCH $286.44
Request for a sewer charge abatement for the property located at 165 Rounds Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $286.44.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | | √ |
| Nay | | | | √ | |
| Abstain | | | | | |
| Absent | | √ | | | |
STEVEN LeBLANC $166.58
Request for a sewer charge abatement for the property located at 1100 Bullocks Point Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $166.58.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
RICARDO REBELO $425.57
Request for a sewer charge abatement for the property located at 66 Bullocks Point Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $425.57.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
MARIA REGO $1,819.68
Request for a sewer charge abatement for the property located at 55 Luther Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $1,819.68.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
RAFAEL SANCHEZ $585.22
Request for a sewer charge abatement for the property located at 33 Reardon Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the sewer charge abatement in the amount of $585.22.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
BETHANY SOLOMON $190.80
Request for a sewer charge abatement for the property located at 50-52 Vineland Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $190.80.
| VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
A motion to approve the Claims Committee Report is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. Handicap Parking Signs: 101 Ruth Avenue (by Director of Public Works Steve Coutu)
A motion to approve is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
D.Report of School Committee Liaison
E. Resolutions
1.RESOLUTION IN SUPPORT OF VERIZON WORKERS LOCAL 2323
A motion to dispense with the reading of the resolution is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
WHEREAS, it has come to the attention of the East Providence City Council that approximately 36,000 Verizon workers in the company's landline and FiOS division are currently on strike; and
WHEREAS, Verizon forced the workers on strike by demanding that they allow increased off-shoring and contracting out of good jobs from communities even after Verizon has already sent thousands of formerly good union jobs overseas; and
WHEREAS, Verizon workers are fighting for good, family-supporting jobs; and
WHEREAS, residents and businesses deserve high-quality telecommunication services and state-of-the-art fixed broadband services not a network that Verizon chooses to neglect, especially in an emergency, by a low-skill, poorly-motivated replacement workforce; and
WHEREAS, Verizon has made $39 billion in profits over the past three years and paid its top five executives more than $230 million over the past five years.
NOW, THEREFORE, BE IT RESOLVED that the City of East Providence urges Verizon CEO Lowell McAdam to end the Verizon campaign to destroy good jobs, and that the City of East Providence go on record in support of the striking Verizon workers.
BE IT FURTHER RESOLVED that the City of East Providence finds good jobs and good telecommunications services are vital to local communities and supports striking Verizon workers in the fight for good jobs that benefit every worker and their families in our community.
This resolution shall become effective upon its passage.
Requested by: Councilman Cunha
A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. Resolution regarding Fire Truck Finance Agreement.
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
At a duly called meeting of the governing body of Finance, City of East Providence held on the 7th day of June, 2016, the following resolution was introduced and adopted.
WHEREAS, the City Council has determined that a true and very real need exists for the acquisition of the equipment described in the Finance Agreement by and between Financee, City of East Providence and Leasing 2, Inc. dated as of June 1, 2016 and presented to this meeting and has further determined that the equipment will be used solely for essential governmental functions and not for private business use; and
WHEREAS, Financee, City of East Providence has taken the necessary steps including, without limitation to compliance with legal bidding requirements, under applicable law to arrange for the acquisition of such equipment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of East Providence that the terms of said Finance Agreement are in the best interest of Financee, City of East Providence for the acquisition of such equipment and the City Council designates and confirms the following person to execute and deliver the Finance Agreement and any related documents necessary to the consummation of the transactions contemplated by the Finance Agreement and Escrow Agreement.
_________________________________________ Richard E. Kirby, City Manager
(Signature of Party to Execute Finance Agreement) (Print Name and Title)
The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the above and foregoing Finance Agreement is the same as presented at said meeting of the governing body of Financee, City of East Providence.
This resolution shall become effective upon its passage.
Requested by: Director of Finance
A motion to approve the Resolution is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
A motion to go back into Executive Session is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to return from Executive Session is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
X. ADJOURNMENT
A motion to adjourn at 11:03PM is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved By Council: June 21, 2016
Attest: __________________________
City Clerk