FINANCE COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances will be held before the Finance Committee on Monday, May 4, 2020 at 7:00 p.m. pursuant to Section 3.12 of the Charter via Web-ex

Meeting number (access code): 623 809 745
Meeting password: My9iRDCHT27
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Monday, May 4, 2020
7:00 pm | (UTC-04:00) Eastern Time (US & Canada) | 1 hr

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Complete copies of proposed Ordinances are available for public review at the City Clerk’s Office and the Cranston Central Library and can be viewed on the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the deaf or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Michael W. Favicchio, Chair
Finance Committee

Rosalba Zanni
Acting City Clerk

PROPOSED ORDINANCE 4-20-03 WAIVE ANY AND ALL PENALTIES, INTEREST, OR FEES FOR LATE PAYMENT RELATED TO ANY FOURTH QUARTER FISCAL YEAR 2020 TAX PAYMENT MADE TOWARDS PERSONAL OR COMMERCIAL PROPERTY, MOTOR VEHICLE, OR TANGIBLE TAXES, AS WELL AS SEWER FEES DUE TO A DEMONSTRATED ECONOMIC HARDSHIP CAUSED BY THE COVID-19 PANDEMIC

It is ordained by the City Council of the City of Cranston as follows:

Section 1: WHEREAS, the novel coronavirus, COVID-19, is a recognized pandemic that has spread globally and threatens the health, well-being, and financial stability of community members globally; and,

WHEREAS, On March 9, 2020, Governor of Rhode Island Gina Raimondo declared, by Executive Order 20-02, a Declaration of Disaster Emergency in connection with the outbreak of the novel coronavirus “COVID-19;” and,

WHEREAS, on March 14, 2020, Mayor Allan Fung made a Declaration of State of Local Emergency within the City of Cranston in connection with the outbreak of the novel coronavirus “COVID-19;” and,

WHEREAS, The City of Cranston, like the State of Rhode Island, is committed to helping to stop the spread of this pandemic within our jurisdiction by encouraging common sense measures like social distancing, frequent hand washing, limiting public events, and encouraging community members to stay at home if they are not feeling well; and,

WHEREAS, many members of our community live paycheck to paycheck, cannot work from home, and will suffer economic hardships due to the outbreak of the novel coronavirus “COVID-19;” and,

WHEREAS, many businesses in our community will suffer economic hardships due to the outbreak of the novel coronavirus “COVID-19;” and,

WHEREAS, we, the Cranston City Council, pursuant to Cranston Code 3.12.010 have the authority to waive penalties, interest, or fees for late payments;

THEREFORE, BE IT ORDAINED THAT we, the Cranston City Council, for the remainder of the Fiscal Year 2020, which ends on June 30, 2020, hereby waives any and all penalties, interest, or fees for late payments related to any Fourth Quarter Fiscal Year 2020 tax payment made towards personal or commercial property, motor vehicle, or tangible taxes, as well as sewer fees due to a demonstrated economic hardship caused by the Covid-19 pandemic consistent with City of Cranston Code 3.12.080 and R.I.G.L. sec. 44-5-8.1; and

BE IT FURTHER ORDAINED, that the City Clerk forward a certified copy of this Ordinance to the City Administration, the Finance Department, and the Cranston Tax Collector’s office.

Section 2: This Ordinance shall take effect upon its final adoption.

Sponsored by:
Councilmember John P. Donegan, Councilman Steve Stycos, Councilman Paul McAuley, Councilwoman Lammis Vargas, Councilman Ed Brady, and Councilman Michael Farina.

PROPOSED ORDINANCE 4-20-04 AUTHORIZING LOAN ORDER FOR THE CITY OF CRANSTON TO FINANCE THE RENEWABLE ENERGY SYSTEMS AND ENERGY CONSERVATION MEASURES IN THE CITY OF CRANSTON BY THE ISSUANCE OF NOT MORE THAN $5,000,000 BONDS AND NOTES THEREFORE

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. In addition to sums heretofore appropriated, the sum of $5,000,000 is appropriated to finance the renewable energy systems and energy conservation measures that reduce energy costs and/or use of fossil fuels by the City of Cranston, including the construction, improvement, renovation, repair and alteration of electricity generation, heating, lighting and insulation systems in school and city buildings.

SECTION 2. Pursuant to Rhode Island General Laws § 45-12-2 and Section 12.01 of the Cranston Home Rule Charter, the Director of Finance and the Mayor are authorized to issue general obligation bonds of the City in an amount not to exceed $5,000,000 (the “Bonds”) in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $5,000,000 interest bearing or discounted Notes in anticipation of the issue of said Bonds pursuant to Section 12.02 of the Cranston Home Rule Charter.

SECTION 4. The manner of sale, forms, amount, denominations, maturities, conversion or registration privileges, interest rates, and other conditions and details of the Bonds and Notes authorized herein shall be fixed by the said officers. Any premium arising from the sale of Bonds or Notes hereunder is hereby appropriated and shall, in the discretion of the Director of Finance, be applied to the cost of preparing, issuing and marketing Bonds or Notes hereunder, to the payment of Project costs, to the payment of the principal of or interest on Bonds or Notes issued hereunder or to any one or more of the foregoing.

SECTION 5. The City Council hereby authorizes the Director of Finance and the Mayor, acting on behalf of the City, to issue the Bonds and Notes for the purposes set forth herein and to take all actions as they deem necessary to effect the issuance of the Notes and Bonds. The Bonds and Notes shall be issued by the City under its corporate name and seal or a facsimile of such seal. The Bonds and Notes shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

SECTION 6. The Director of Finance and the Mayor are hereby authorized to issue the Bonds and Notes and deliver them 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 and 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 and Notes to become subject to federal income taxes.

SECTION 7. The Bonds and Notes may be issued either alone or consolidated with other issues of notes or bonds of the City.

SECTION 8. The City’s Director of Finance is authorized to execute and deliver continuing disclosure certificates in connection with the Bonds and Notes issued by the City, in such form as shall be deemed advisable by the City’s Director of Finance. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of each continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this loan order or the Bonds or Notes, failure of the City to comply with any 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 loan order and under any continuing disclosure certificate.

SECTION 9. The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the bonds or notes and any and all other 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) 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 loan order in order to effectuate said borrowing and the intent hereof.

SECTION 10. This loan order is an affirmative action of the City Council of the City of Cranston toward the issuance of Bonds and/or Notes in accordance with the purposes of the laws of the State. This loan order constitutes the City’s declaration of official intent pursuant to Treasury Regulation Section 1.150-2 to reimburse the City’s General Fund for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this loan order, but prior to the issuance of the Bonds and/or Notes. Such amounts to be reimbursed shall not exceed $5,000,000, and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid, or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 11. No Bonds or Notes shall be issued pursuant to the authority of this loan order until a majority of the electors of the City voting at a city-wide election has approved the loan. The question of the approval of the loan shall be placed before the qualified electors of the City of Cranston at the first special local, regular municipal, special state or general state election, other than a primary election, which is to be held thirty or more days after this loan order takes effect and shall be submitted in substantially the following form:

“Shall Five Million Dollars ($5,000,000) debt of the City be incurred for the purpose of financing renewable energy systems and energy conservation measures that reduce energy costs and/or use of fossil fuel by the City of Cranston, including the construction, improvement, renovation, repair and alteration of electricity generation, heating, lighting and insulation systems in school and city buildings under Rhode Island General Laws § 45-12-2 and an order of the City Council that became effective on __________”.

SECTION 12. This Ordinance shall take effect upon its final adoption.

Sponsored by Councilmembers Stycos and Donegan

PROPOSED ORDINANCE 4-20-06 IN AMENDMENT OF SECTION 2.80.010 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “ADMINISTRATION AND PERSONNEL-SALARIES”
(Sick Leave)

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. Section 2.80.010 of the Code of the City of Cranston, 2005 entitled “Administration and Personnel - Salaries” is hereby amended by adding thereto following new language:

Definitions:
For the purposes of this section, the term “sick leave” means time that is compensated at the same hourly rate as the employee normally earns. Sick leave shall be provided to an employee by the City of Cranston for:
(1) An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; an employee’s need for preventive medical care;
(2) Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care;
(3) Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
(4) Time off needed when the employee or a member of the employee’s family is a victim of domestic violence, sexual assault, or stalking.

Sick Leave:
Any employee not covered by a collective bargaining agreement or the administrative unit employment benefits shall accrue a minimum of one week of sick leave per calendar year. If an employee not covered by a collective bargaining agreement or the administrative unit employment benefits is quarantined due to a public health emergency they shall receive sick leave for the duration of the quarantine. The Director of Personnel shall establish rules governing the use of the sick leave. In no case shall employees be paid for unused sick leave. Retired employees receiving a state or city pension shall not receive sick leave under this section.

The benefits established in this section shall not apply to employees of the Cranston Public School Department or the Cranston Public Libraries.

SECTION 2. This Ordinance shall take effect upon its final adoption.

Sponsored by Councilman Stycos, and Councilmember Donegan.

4/30/20