Liquor Stores Face License Hearings; Kettle Point Bonds on Docket

Three East Providence liquor stores face “show-cause” hearings before the City Council tonight for selling alcohol to minors.

The City Council also holds a public hearing on an ordinance that would approve a “tax-increment financing” plan – including the issuance of up to $9.7 million in bonds – for the proposed Kettle Point housing development on the waterfront.

And the councilors will consider again giving permanent tax exemptions to a group of nonprofit organizations

The meeting starts at 7:30 pm after an executive session at 7 pm.

The three liquor stores facing hearings on their licenses are McGreen's Fine Wine & Spirits, 1086 Willett Ave.; Riverside Liquors, 225 Bullocks Point Ave. and Town Wine & Spirits, 179 Newport Ave.

The stores are among nine local businesses that sell alcohol – including a total of five liquor stores -- that were “stung” in February and March by the East Providence Police Department working with the East Providence Prevention Coalition.

Underage customers were sent into businesses to test their compliance with the law. They allegedly did not card the underage customers.

The tax-increment financing would fund public improvements – roads, water and sewer lines – and remediation at the 48-acre Kettle Point site that was a petroleum tank farm on Watchemoket Cove for decades.

A previous vote on the ordinance was unanimous. The housing is being developed by Churchill & Banks of Providence.

The nonprofit organizations seeking permanent tax exemptions include the East Providence Boys & Girls Club, two Columbus Clubs, the East Bay Community Action Program, the Elks Lodge 2337, the RI Philharmonic Orchestra and Music School, Self-Help, St. Andrew’s Lodge of Freemasons and Zion Gospel Temple. 

Here is the complete docket for tonight’s meeting: 

CITY OF EAST PROVIDENCE

DOCKET OF REGULAR COUNCIL MEETING

June 4, 2013

Council Chambers, City Hall, 145 Taunton Avenue

7 pm Executive Session - Claims Room, 101

7:30 pm. Open Session           

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

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 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 Journal

1.  Special Meeting May 17, 2013

2.  Regular Meeting May 21, 2013

V.    PUBLIC COMMENT

VI.   PROCLAMATIONS AND PRESENTATIONS

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

       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 Ann Miller (by Councilman Cunha)

VII.   LICENSES REQUIRING PUBLIC HEARING

        A.  Second Hand/Miscellaneous

         Closet Chic Consignment Boutique, 459 Waterman Avenue (02914), Diana L. Araujo, 3044 Pawtucket Avenue, Apt. 224 (02915)

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).

IX.    PUBLIC HEARING - SHOW CAUSE HEARINGS

        (Council sitting as Licensing Commissioners

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

         B.  Riverside Liquors, Inc., 225 Bullocks Point Avenue

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

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.

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. 

         4.  Property Tax Update

     B. Reports of Other City Officials

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

     C.   Council Members

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

            2.  Labor Day Parade (by Assistant Mayor Rose)

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

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

            5.  Vacant Properties (by Councilwoman Rossi)

            6.  Middle School Sports (by Councilwoman Rossi)

            7.  High School Accreditation (by Councilwoman Rossi)

            8.  AS 220 (by Councilwoman Rossi)

            9.  Pumpkin Growing Contest (by Councilwoman Rossi)

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

      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.

2.  Resolutions regarding tax exempt status for East Providence Boys & Girls Club, two Columbus Clubs, the East Bay Community Action Program, the Elks Lodge 2337, the RI Philharmonic Orchestra and Music School, Self-Help, St. Andrew’s Lodge of Freemasons and Zion Gospel Temple.