CONSENT CALENDAR

1.         Approval of Council Journals

            Special Meeting - April 1, 2003 - Multi-purpose Recreation Center

Regular Meeting - September 16, 2003

                        Special Meeting - September 18, 2003 - GeoNova

                        Special Meeting - October 2, 2003 - Class F Alcoholic Beverage Approval

2.         Letter of Resignation - from Theresa M. DeCoste -  Historic Properties Commission -

3.         Letter of Resignation from Lerena DeMelo - Beautification Commission and Carousel Commission     

4          Alcoholic Beverage - Class F - October 18, 2003 - St. Martha’s Church - 2595 Pawtucket Ave.

5.         Alcoholic Beverage - Class F - October 11, 2003 - St. Francis Xavier Portuguese School Dinner - 81 No. Carpenter Street

6.         Alcoholic Beverage - Class F - October 18, 2003 - St. Francis Xavier Fund Raiser Dinner -

                         81 No. Carpenter Street

7.         Alcoholic Beverage - Class F - October 25, 2003 - St. Francis Xavier 30 Week Club Dinner

                         81 No. Carpenter Street

8.         Coastal Resources Management Council - Cease and Desist Order No. 03-3584 on property located at Map 414, Block 1, Parcel 20 - 21 Carousel Drive (James J. Lass)               

9.         Coastal Resources Management Council - Cease and Desist Order No. 03-3585 on property located at Map 414, Block 1, Parcel 18 - 25 Carousel Drive (Stanley R. and Barbara Traverse)

10.       R.I. Department of Environmental Management - Insignificant Alteration Permit -

No. 03-0225 - for property located approximately 500 ft. NE of Dexter Rd. and approximately 1,000 ft. NE of the intersection of Dexter Rd. and King Philip Rd., Utility Pole 24, Assessor’s Plat 304, Block 1, Lot 1.1 (Pond View Recycling c/o Ken Foley, President)

11.       R.I. Department of Environmental Management - Insignificant Alteration Permit -

No. 03-0275 - for property located approximately 50 ft. west of the terminus of Buckthorne Ave. and approximately 200 ft. SW of the intersection of Buckthorne Ave. and Ivan Ave., Assessor’s Plat 309, Block 9, Lot 6.2 (Robert andChristine Vieira, 79 Buckthorne Ave.

CANCELLATION/ABATEMENTS - Alberto S. Ereio, Tax Assessor        

            YEAR                         AMOUNT

            2003                                        $14,372.27

            2002                                                92.75

            2001                                              149.88

            Total                                       $14,614.90

On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

Wrecker/Tower (Deferred from September 16, 2003)

                        Wayne R. Motta, Jr., dba Advanced Towing, Inc., 45 Woodland Ave., Seekonk, MA

                        Subject to approval of Chief of Police

The applicant is not present.  On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to defer to the next meeting.

Wrecker/Tower  - Transfer

From Michael C. Morgera, dba Ciro’s Garage to Nicole Rossilli-Ladeira, dba Perfection Wrecker Service Inc. - 450 Bullocks Pt. Avenue

Nicole Rossilli-Ladeira is present and sworn. 

The applicant is informed that this license is to tow in the City and is not approval to be placed on the Police Department’s tow list.  It is determined there are presently four towers on the Police Department list, and Major Paquette says it would be better for the Department if there were five.

After further discussion, motion to approve is made by Councilman Harrington and seconded by Councilman Rogers.  Roll call vote follows:

Mr. Harrington          Aye

                        Mr. Miranda               Nay

Dr. Ramos                  Nay

                        Mr. Rogers                  Aye

                        Mayor Grant               Nay

                        The motion is denied on a 3-2 vote. 

Peddler

Arthur Berriman, 3 Hazelton Road, Barrington, Rhode Island

The applicant is present and sworn. He states that he will be operating a mobile coffee shop.  He is advised that he cannot peddle within 250 feet of a business selling the same items.

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to make pictures part of the record. 

Motion to approve is made by Councilman Rogers, seconded by Councilman Miranda.  Roll call vote follows:

                        Mr. Harrington          Aye

                        Mr. Miranda               Aye

                        Dr. Ramos                  Aye

                        Mr. Rogers                  Aye

                        Mayor Grant               Nay

                        Motion passes 4-1, subject to approvals of the Police Chief and Health Inspector.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to change the order of business to hear Communications next.

COMMUNICATIONS

1.         Brian R. Mello, 49 Franklin Street, Riverside, Rhode Island requesting to address the Council regarding Harriet Street traffic flow and repaving.           

Mr. Mello is not present.

On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to defer to the next meeting.

2.         Residents of the Cadorna Street area requesting to address the Council regarding neighborhood concerns over the Café Brazil.

The Solicitor swears in all speakers.

David Enos, 44 Orlo Avenue, East Providence, Rhode Island, a property owner across from Café Brazil voices his complaints about the owner of Café Brazil.  He says he wants his property to be respected.

Louie Vieira, 123 Cadorna Street, East Providence, Rhode Island states that he recently paid to have his driveway paved and cars from the Café Brazil parked in his driveway and left marks.

Donna Bauxbaum, 135 Cadorna Street, East Providence, Rhode Island says that parking is always a problem with this establishment.  She says police officers have been there to shut off the music several times.

Beverly Lister, 531 No. Broadway, East Providence, Rhode Island states that she owns the builsind next door.  She says the Café Brazil owners have been on her property twice, without permission,  to put helium balloons and signs publicizing events at the Café.  She states that there is drinkining going on outside.

Jose Barros, owner of Café Brazil, addresses the Council and apologizes for any inconvenience caused to his neighbors.

Councilman Ramos states his concerns about the parking situation, and says the Police Department should be towing cars.

Councilman Rogers tells Mr. Barros he is being putting on notice and this will not happen again.

Mr. Barros is told he needs to get permission for a tent and he is advised to sit with his neighbors and discuss the issues.

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to return to the regular order of business.

PUBLIC HEARINGS

Budget for 2003-2004 (continued from September 16, 2003)

Peter G. Barilla, School Committee Chairman, addresses the Council and requests the City Council to provide the School Committee with the additional $4 million that they are requesting.  He says he wants to go on record to say that the Superintendent’s proposed cuts was done without the School Committee approval. 

Dr. Taras Herbowy requesting to discuss budget reduction implications for the School Department 2003-2004 budget.

Dr. Herbowy addresses the Council and speaks of cost reductions he has prepared, which include cuts in transportation and programs.  He asks the Council if they would be willing to defer any action tonight to sit down and come up with a resolution.

Mr. Conley speaks of the Open Meeting Law and says any meeting in closed session would violate the law.  He says all meetings on the budget have to be done in public session.

Councilman Harrington suggests school department employees contribute $20 or $15 per week towards their health care costs.

Following comments by members of the City Council, the meeting is open to public comments.  At the suggestion of Councilman Rogers, the children are allowed to speak first.  Students from Martin Middle School, Riverside Middle School, and East Providence High School address the Council about the school department budget cuts.

The meeting recesses at 9:37 p.m. and reconvenes at 9:45 p.m.

Following the comments by the school children, the Council responds.  Councilman Miranda reminds them that the Council does not cut programs or decide what cuts are to be made in the School budget.  Mr. Conley states that the Council sought a waiver to exceed the 5.5% cap and the State said “no.”

The public comments resume.  The following persons speak.    

Bob Rodericks, Holland Avenue, East Providence, Rhode Island

David Medeiros, Orchard Street, East Providence, Rhode Island

                        Sean Cook, 1825 Pawtucket Avenue, East Providence, Rhode Island

            245 Crescent View Avenue, East Providence, Rhode Island

                        Jeff West, Wilson Avenue, East Providence, Rhode Island

                        George Burke, Rumford, Rhode Island

                        Holly Clark, 5 Scott Drive, Riverside, Rhode Island

                        Theresa Braga, 8 Hoppin Avenue, Riverside, Rhode Island

                        Kathy Santos, 4 Thurston Street, Riverside, Rhode Island

                        Mindy DaGraca, ESL Teacher, East Providence School Department

                        Barbara Silvia, Wannisett Avenue, Riverside, Rhode Island

                        Tony Gouveia, School Committee Member

                        Joe Botelho, Plymouth Road, East Providence, Rhode Island

                        Oscar Elmasian, President, I.A.F.F.

                        John F. Conley, 115 Smith Street, Riverside, Rhode Island

                        Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island

The meeting recesses at 11:23 p.m. and reconvenes at 11:30 p.m.

Councilman Ramos makes the following recommendation: Cut the budget by 4% ($657,000) from the total budget, or $328,500 from both the City and School Department.  He puts that in the form of a motion, which is seconded by Councilman Rogers. 

Councilman Harrington recommends that the cut be 60% for the School Department and 40% for the City, but Councilman Ramos replies that his motion is for a 50/50 cut.  Following further comments from the Council, a roll call vote follows:

Mr. Harrington             Nay

                        Mr. Miranda                 Aye

                        Dr. Ramos                    Aye

                        Mr. Rogers                   Aye

                        Mayor Grant                Aye

                        The motion passes 4-1.

Mr. Barilla announces that the School Committee will hold a meeting on Thursday, October 9, pertaining to the School Department budget.

He also responds to comments made by Councilman Rogers regarding Mr. Vinhateiro’s schooling at Columbia University and Councilman Harrington’s comments made about the lack of leadership in the School Department.                    

Manuel Vinhateiro, Deputy Superintendent of Schools, addresses the Council about the remarks made by Councilman Rogers.  He says he is the Administrator attending Columbia University and says it is his contractural right, as it is with all City Department Heads. 

Mr. Conley informs the Council that they have directed that $328,500 be deducted from the City side of the budget, so before the ordinance is adopted, he has to come back to the Council and identify the cuts that are to be made.

ORDINANCES - FINAL PASSAGE (Given first passage September 16, 2003)

Advertised - Providence Journal - September 19, 2003

NEW BUSINESS

   a.      CITY MANAGER

Collective Bargaining Discussion - IAFF, IBPO, USWA 15509, USWA 15509A, EPPMTEA, and Department Heads

Mr. Conley asks that this be deferred to the next meeting or to a special meeting.  On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to request the City Manager or Clerk to set up a special meeting for this matter.

   b.      REPORTS OF OTHER CITY OFFICIALS

                        (By City Solicitor)

Claims and Litigation Committee Report    

Aguiar, Lucia S, Claim No. 03-41                       Approved

                        Steele, Ronald, Claim No. 03-044                       Approved

                        JJ Gregory& Sons, Inc., Claim No. 03-45            Approved

Judy Pelkey, Claim No. 03-47                            Approved

                        Emc Insurance Companies                                 Approved

                        Claim No. 03-48(ins: Hazel Mclaughlin)

                        Xavier, Brian, Claim No. 03-49                           Approved

                        Wheeler, Edward, Claim No. 03-43                    Approved

                        Allstate Indemnity Company Claim No. 03-50     Denied

(Insured: Joao Fernandes)

                        Sherry, Kathleen, Claim No. 03-46                     Approved

                        Richard Carey Vs. City of East Providence        Approved

It is noted for the record that Councilman Miranda recused himself from the JJ Gregory Claim.  On motion of Councilman Rogers, seconded by Councilman Harrington, it is voted 4-0 to accept the report on JJ Gregory & Sons, Inc.  It is noted for the record that Councilman Miranda did not vote.

On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to accept the report as amended.

(By Jeanne Boyle, Director of Planning)

Preliminary Draft “2003 East Providence Waterfront Special Development District Plan” - for information purposes and request to schedule a public workshop

On motion of Councilman Harrington, seocnded by Councilman Miranda, it is unanimously voted to accept the Preliminary Draft.

Requesting Council approval of qualified contractors for proposed concession stand Rose Larisa Memorial Park

On motion of Councilman Miranda, seconded by Councilman Rogers, it is voted 4-1 to approve.  It is noted for the record that Councilman Ramos voted “Nay.”

c.         COUNCIL MEMBERS

(By Mayor Rolland R. Grant)

                        Status of demolitions on Bentley Street and James Street

Mr. Conley informs the Council that the plans for demolition are proceeding.  There are a few more things that have to pass R.I.D.E.M. approval, which are near completion.

(By Councilman Isadore S. Ramos)

                        Discussion on Personnel Issues

Councilman Ramos discusses the payment made to retired Fire Chief Gerald Bessette and says the payout amounts to fraud and he is requesting that the money be returned to the City.  He goes on to say that Chief Bessette knew what he was signing when he signed the Department Head contract, which limits the amount of sick time payout to $12,000.  Discussion takes place regarding past practice, with Councilman Ramos stating that he was not on the Council when others received payments, but he is on the Council now and wants this taken care of.  He says that he is putting it on record that if he does not get a response on this, he will go to the Attorney General for an investigation. Councilman Rogers says he would like to have an ordinance which will prevent this from happening again.

Rubbish Removal

Councilman Ramos says he has received complaints about the trash haulers throwing the barrels, and leaving trash on the ground.  Mr. Conley will direct Steve Mutter to call Mr. Miga and try to resolve the problem.

(By Councilman Patrick A. Rogers)

1.         Review of City Manager Candidates

                        Mr. Rogers asks that this item be included in the closed session at the end of the meeting.

2.         Wilson Avenue Stop Sign

Public Works Director Steve Coutu speaks on the subject and says a stop sign on Wilson Avenue is not warranted.  He says it shouldn’t be used for traffic control.  Councilman Rogers says there is a Pawtucket Police Officer living on Wilson Avenue who approached him and said he would be willing to work with Mr. Coutu to find a proper location to put a stop sign on a 30 day temporary basis in order to determine whether or not the concerns of the neighbors are outweighed by the concerns of the Public Works Department.

Ted Lobenberg, Wilson Avenue, addresses the Council and reads a letter from Councilman Rogers supporting a stop sign on Wilson Avenue.

Councilman Rogers suggests that the City work with Mr. Coutu and Officer Cute to install a stop sign on Wilson Avenue between Bourne and Horsford Avenues for 45 days, with an automatic 30-day extension.  On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to install the stop sign for 45 days.

Unanimous Consent

Mayor Grant comments on a fire last Friday evening at the Taunton Plaza.  He commends the Police and Firefighters for saving a lot of lives.  He also commends the Santa Maria Cultural Center for opening up their facility for the victims. 

d.         INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on October 21, 2003 for a public hearing and consideration of final passage)

The following ordinance imposes a penalty on late payments of sewer use fee.