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.      Progressive Insurance Co. (Ins: Kevin Medeiros)

B.     Claims for Reconsideration

1.      Kylie Fauth & Thomas Mock

C.     Sewer Charge Abatements

1.      Double Five LLC

2.      Theresa Fagan

3.      Paul Ferioli

4.      Jeremy Mallo

5.      Vanda Morin

6.      Rafael Sanchez

II.                CALL TO ORDER

III.             SALUTE TO THE FLAG

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

V.                PROCLAMATIONS AND PRESENTATIONS

A.    Ed Serowick, Sr – Crescent Park Historian and Longtime Caretaker of the Charles ID Looff Crescent Park Carousel  (by Councilman Conley)

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 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 to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

VII.          APPOINTMENTS

A.    Personnel Hearing Board (by Assistant Mayor Cunha)

Domenic Pontarelli, 44 Hillside Drive (02916)

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B.     Carousel Park Commission – Alternate (by Mayor Rose)

Karen Rebello, 54 Woodland Avenue (02914)

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C.     Carousel Park Commission (by Councilwoman Capobianco)

Jessica Beauchaine, 55 Winslow Street (02915)

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D.    Traffic Control (by Councilman Britto)

Glen Cabral, 122 Metacomet Avnue (02016)

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E.     Traffic Control (by Councilman Britto)

Elaine Gonsalves, 71 Centre Street (02916)

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VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

IX.             PUBLIC HEARING

A.    Request for Reinstatement of Entertainment License

DL Enterprises DBA Field House Pub formerly DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw, 150 Bloodgood Street, Pawtucket

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X.                NEW BUSINESS

A.    City Managers Report  (by Acting City Manager Timothy Chapman)

1.      License Agreement Regarding State Property Located at Burgess and Warren Avenues

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2.      Kent Heights Water Tower Rehab

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B.     Reports of Other City Officials

1.   Claims Committee Report (by Assistant City Solicitor Greg Dias)

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C.    Report of School Committee Liaison

D.    Resolutions

1.      RESOLUTION NAMING HENRY D. AND MARY F. ROSE MEMORIAL PARK AT KENT HEIGHTS FIELD

WHEREAS,  Henry and Mary Rose, were married on May 30, 1935 and moved to the City of East Providence and had four children, Florence, Henry, Francis and Thomas.  The Rose Family were communicants of St. Martha’s Church.  Henry and Mary loved gardening, music and shared that enjoyment with their family; and

WHEREAS, utilizing funds Mary had saved, Henry and Mary started Rose Furniture in 1937 which today is the oldest active family owned furniture store in the State of Rhode Island.  Later, they added Rose Realty in the early 1940’s and then added Alliance Finance Corporation in 1947; and

WHEREAS, Henry and Mary dedicated their lives to the City of East Providence and it’s residents by running three businesses, and donating, volunteering and serving on various boards in the community; and

WHEREAS, Henry was a member of St. Pius X Fourth Degree Knights of Columbus Assembly, East Providence Kiwanis, East Providence Business Men’s Association, Warren Avenue Business Association, Board of Directors for the Greater Providence Trust, Co., East Providence Budget Committee, the Portuguese R. Atheneum Band of Providence and was also the oldest living member of the Holy Ghost Brotherhood of Rehoboth; and

WHEREAS, Henry and Mary helped many families immigrating to this country from Portugal, the Azores and Brazil.  They both enjoyed travelling including a trip to the Azores with the Bishop in 1983; and

WHEREAS, during the Rhode Island banking crisis, Henry, Mary and their children, through their family-owned bank, Alliance Finance Corporation, raised $1.3 million in ten short days to pay back all of its depositors with interest and were the first business of its kind in Rhode Island to reopen.  Henry and Mary felt they had an obligation to their customers as they remembered the problems of the 1933 Depression and wanted to put the money back into East Providence and into the people's hands as soon as possible; and

WHEREAS, the City Council of the City of East Providence wishes to recognize, honor, and memorialize Henry D. Rose and Mary F. Rose, for their lifelong dedication to the City of East Providence; and

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence hereby names in their honor the

Henry D. and Mary F. Rose Memorial Park at Kent Heights

This resolution shall become effective upon its passage.

Requested By:  Mayor Rose and Councilwoman Capobianco

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2.      RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCE VETERANS ADVISORY COMMITTEE

WHEREAS, the City Council of the City of East Providence is desirous of forming an advisory committee to assist and inform veterans of armed services of the United States; and

WHEREAS, the City of East Providence has many organizations, groups and families of veterans who are active in veterans affairs; and

WHEREAS, advisory matters would include promoting veterans rights, arranging for appropriate ceremonies honoring veterans on holidays or otherwise, helping unify veterans groups, keeping the City Council informed of problems and/or issues affecting veterans, and support the needs of veterans; and

WHEREAS, the City of East Providence is interested in assisting these individuals and groups by forming this advisory committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the Veterans Advisory Committee to be chaired by members from veteran groups in the City to be appointed by each City Council member to advise and assist in veteran activities throughout the City of East Providence and to advise and assist the City Council in promoting events and assisting veterans.  The Committee will establish such rules, regulations and procedures as it may deem necessary to fulfill its mission and to report to the City Council the status of its activities at such times as the City Council and Committee may deem necessary and expedient.

Adopted by the City Council

Requested by:  Councilwoman Capobianco

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E.     Introduction to Ordinances

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”

SECTION I.  Subsection (b) of Sec. 11-235 entitled “Requirements for service retirement” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

(b)  Any member shall be subject to compulsory retirement upon attainment of age 60 62.

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

Requested by:  Mayor Rose

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2.   ORDNANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM, INCLUDING, BUT NOT LIMITED TO THE REHABILITATION AND PAINTING OF THE ONE MILLION GALLON WATER TOWER LOCATED AT KENT HEIGHTS AND ALL ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,500,000

WHEREAS, in the interest of public health and safety, the City of East Providence (the "City") desires to make certain improvements to the City's water system, including but not limited to the rehabilitation and painting of the one million gallon water tower located at Kent Heights and all attendant expenses in connection therewith, hereinafter referred to as the "Project";

WHEREAS, the City desires to issue an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) water system revenue bonds (the "Bonds") or interest bearing or discounted water system revenue notes (the "Notes") in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;

WHEREAS, Chapter 46-12.8 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from drinking water system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;

WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.8 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;

WHEREAS, the estimated maximum cost of the Project is $2,500,000;

WHEREAS, the period of usefulness of the Project is expected to be twenty (20) years; and

WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from drinking water system revenues.

SECTION 1.  The sum of Two Million Five Hundred Thousand Dollars ($2,500,000) is appropriated for the purpose of financing the Project.

SECTION 2. In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) from the Rhode Island Infrastructure Bank ("RIIB"), and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3.  The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.

SECTION 4.  The Bonds and Notes shall be payable solely from drinking water system revenues. The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below). The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.

SECTION 5.  Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 6.  The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the Trust Indenture dated April 1, 2004 by and between the City and U.S. Bank National Association (the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental Indentures, the Bonds or Notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, and (iv) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this Ordinance in order to effectuate said borrowing and the intent hereof.

SECTION 7.  The Mayor and the Director of Finance are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds or Notes to become subject to federal income taxes.

SECTION 8.  This Ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of the State. This Ordinance constitutes the City's declaration of official intent, pursuant to Treasury Regulation §1.150-2, to reimburse the City for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this Ordinance, but prior to the issuance of the Bonds or Notes. Such amounts to be reimbursed shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.

SECTION 9.  The Mayor and the Director of Finance are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the Mayor and the Director of Finance in order to comply with the SEC Rule. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding any other provision of this Ordinance or the Bonds or Notes, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder or Noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and under the Continuing Disclosure Certificate.

SECTION 10.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Mayor Rose & Councilwoman Capobianco

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XI.             ADJOURNMENT

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*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.