CONSENT CALENDAR

1.  Approval of Council Journals

February 3, 2004-Sale of City Owned Property - Closed Session

May 4, 2004 - Regular Session

May 18, 2004 - Regular Session          

June 1, 2004- Regular Session                     

June 1, 2004 - Municipal Court Clerk - Closed Session

June 4, 2004 - Bond Ordinances - Special Session

June 15, 2004 - Regular Session

July 1, 2004 - Special Session             

2.  MENTAL HEALTH

Communication was received from the East Bay Mental Health Center regarding the slot system for uninsured parties. It indicated that FY 2005 funding request would be submitted shortly to the City Manager.

3.  DEXTER ROAD SEWER ASSESSMENTS

Sewer assessments calculated for each property with frontage on the recently installed sewer line on Dexter Road.

4.  POSITION STATEMENT OF NEW ENGLAND CABLE AND TELECOMMUNICATIONS ASSOCIATION, INC. ON FULL CHANNEL T.V., INC.

Application for compliance for service area 4. (East Providence)

5.  RESOLUTION, Town of New Shoreham, Block Island, Rhode Island 02897

A resolution proposed by the town of New Shoreham in opposition to a destination gambling Casino in the town of New Shoreham.

6.  CANCELLATIONS /ABATEMENTS - Requested by Tax Assessor.

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

PROCLAMATIONS , PRESENTATIONS, INTRODUCTIONS

David Kelleher of the Historic Preservation Commission makes presentations to the following Homeowners for the preservation of their properties: John Paiva, 115 Roger Williams Avenue, Mark Young, 19 Hawthorne Avenue and Anne Green and Michael Skorvanek of 21 Sunnyside Avenue. Mr. Kelleher proceeds to thank Councilman Rogers for the help he has given to us as a liaison to the commission.

Mayor Grant instructs the City Clerk to present the proclamation for Heritage Week to the Recreation Department because there is no one there to accept it.                                                                                                

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

Alcoholic Beverage - Class F/Beer & Wine - July 18, 2004- Councilman Miranda wishes to comment on before the vote is taken. He states that a bar-b-que will take place and that a Steve Smith and the Nakeds have donated a free concert to benefit the carousel. He encourages people to attend. Dr. Ramos acknowledges Anthony Bochichio for the great job he has done for the Commission stating that he is available 24 hours per day.                

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

Alcoholic Beverages - Class F/Beer & Wine - August 6, 7 & 8, 2004 Adeline Hawkins, St Martha’s Church , 2595 Pawtucket Avenue, East Providence, R.I. 02914

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

APPOINTMENTS

(By Mayor Rolland R. Grant)

Library Board of Trustees

Kathy Dias       174 Narragansett Avenue, East Providence, Rhode Island                                                                    

On a motion by Councilman Miranda and seconded by Councilman Harrington , it is unanimously approved.  

Zoning Board -Alternate.

Mikel Perry     119 Lyon Avenue, East Providence, Rhode Island 

Mayoral appointment

(By Councilman Norman Miranda)

Crossing Guard

James Gray

Councilman Miranda moves to defer to the next council meeting, seconded by Councilman Harrington, and on a roll call vote, it carries unanimously.

Board of Canvassing

Fran Brelsford, Chairwoman of the East Providence Republican Committee submitts a list of five people for the one position. City Solicitor Conley reminds the council that the submission of five names for one position comes from state law and instructs them that the custom is for the person at the top of the list to be appointed.

On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to reappoint Mr. Tom Riley of 3260 Pawtucket Avenue, East Providence, RI (02915) to the Board of Canvassing.

On the Addendum

(By Mayor Grant)

Carousel Commission

Christopher Russo        400 Dover Avenue, East Providence, Rhode Island 02914       

On a motion by Councilman Miranda, and seconded by Councilman Rogers, it is unanimously approved.

LICENSES NOT REQUIRING A PUBLIC HEARING

PEDDLER-Ice Cream

Daniel J. Clancy   12 Pierce Avenue, East Providence, Rhode Island 02915

DBA Clancy’s Ice Cream

Mr. Clancy is asked to step forward and is asked who he is going to be working for. He states that he is working for himself.     

On a motion by Councilman Rogers, seconded by Councilman Harrington, the motion passes unanimously.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

CITY MANAGER

Mr. Colin Kane. Principal, is sworn in and makes a presentation on the mixed use development (housing and office space) that he is planning for the Phillipsdale section of the city.                                                                                        

Councilman Rogers questions Mr. Kane on whether or not his project is contingent upon receipt of a H.U.D. grant. Mr. Kane states not necessarily but needs to get a subsidy to qualify for some low income housing for which the company has applied. The company will go forward even if it does not get the H.U.D. grant.                                            

Mr. Kane indicates that one of the major reasons for the project to be called Rosscommons is because of the nearby development of the Geo Nova sight.     

Councilman Rogers praises the project as the type of project that we want in Rhode Island.

Mr. Rogers questions Mr. Kane on the cooperativeness of the City of East Providence.  Mr. Kane praises the neighborhood group and the planning and technical staff and calls it second to none.

Mr. Harrington congratulates Mr. Kane and hopes that councils in the future will have more presentations like this.

Mr. Fazioli then invites Mr. Steve Coutu, Public Works Director to discuss the success of Household Hazardous Waste Material Day.

Mr. Fazioli now addresses the environmental problems caused by demolition of the Bentley Street Garage. The contamination includes petrochemicals, lead and household waste. The good news is that it does not effect other property in the neighborhood.      

Mr. Fazioli asks the council to authorize some money to remediate that sight to its’ highest level so that we can resell the sight. He asks the council for permission by motion to go in and clean up the sight as recommended by the consultants.

After discussing his concerns, Councilman Miranda makes a motion to approve cleaning the sight, which is seconded by Councilman Ramos.  The motion allows going out to bid for the cleanup. The motion carries unanimously.

Mr. Fazioli then gives a financial summary on the city tax collection. He focuses on tax collection. He compares this year’s levy to last year’s levy. He states that last year the city assessed about 63.9 million dollars in taxes and that this year the city assessed about 67.2 million in taxes for about a 5% increase. He states that because of the revaluation the levy is not substantially higher. He then points out that the tax collection effort is better at 67.5% this year than last year even at the higher level.

Mr. Fazioli requests a resolution authorizing the City Manager to begin labor negotiations with the unions; I.B.P.O.; I.A.F.F.; E.P.P.M.T.E.A.; and U.S.W.A., Locals 15509 & 15509A.

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it passes unanimously.

Mr. Fazioli, City Manager, states that the last item in his report is for the pre-qualification of Dome Corporation and Park Lane Construction for construction of a salt storage shed.         

Mr. Coutu is called to the podium by Councilman Miranda. The councilman seeks assurance that the facility can be expanded in the future and is given that assurance by Mr. Coutu..                                                

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to accept the recommendations of the Public Works Director.

Dr. Ramos requests that communications be moved up on the calendar.

COMMUNICATIONS

Thelma Dufrense is sworn in. She discusses a nine year problem in which a neighbor’s overgrown tree and hedges are on her property. The tree is knocking her fence down and she addresses the council in the hope that they can get her problem solved.

Mr. William Conley explains that there is no public remedy and the resolution of the matter is strictly a private matter. Councilman Miranda recommends that the Community Police go out to talk to the people about the situation.

On a motion by Councilman Rogers and seconded by Councilman Miranda to have the city manager talk to the police chief to have the community police officer go out and have him try to resolve the dispute, it passes unanimously.

Mr. Gregory S. Dias, Tryon Avenue requests permission to block off Tryon Avenue at the corner of Gibbs d Merchant Street and Estelle Street to be blocked off at Ferris Avenue on July 17. Solicitor Conley explains that this is the fourth year for the event.

Councilman Harrington makes a motion to approve, it is seconded by Councilman Miranda and passes unanimously.

Ms. Susan Mackie requests to address the Council regarding interest charges on property taxes erroneously on 85 Allerton Avenue in East Providence. She did not appear.

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

Maryann Matthews and Cathy Anthony request to address the council regarding stop sign qualification procedure. Neither person appeared.

On motion of Councilman Harrington, seconded by Councilman Miranda it is unanimously voter to defer.          

Mr. Acirto Mandelli of Martello Street and 15 other residents of that street wish to address the council regarding Tropical Ilhas which is located at 472 Waterman Avenue.

On motion of Councilman Harrington, seconded by Council Miranda it is unanimously moved to dispense with the reading of the lengthly list.

Councilman Ramos recuses himself from the matter as reported by Solicitor Conley.

Solicitor Conley swears in all of those people who wish to testify.

Mr. Mandelli explains the problem with Tropical Ilhas: beer bottles, cigarette butts, noise levels, parking, public urination, beer garden ,outdoor entertainment, outdoor grille and refrigerator He states that he is concerned for the safety if his children and complains about the music being played outside. Mr. Mandelli distributes pictures of the establishment.

Mr. Harrington questions whether on not this would be a clear question of right or wrong based upon the type of license given. City Solicitor Conley says it is an issue effecting their permit in many ways. He states that one would have to look at the license to see if it provides for outside entairrtainment He notes that seating would have to be looked at to see if they are in compliance with zoning. There are a number of things that city officials could review to determine whether or not they are in compliance.

Alda DeAndrade speaks of the deterioration in the neighborhood. She describes bad language, children are no longer able to play on the street, liquor bottles in her mail box and the loud noise in the middle of the night.

Ellie Rezendes now testifies. She describes the outdoor refrigerator which could be a hazard to a child by suffocation or that a child could drink some of the beer. She describes the litter and noise which is generated and the parking situation.

Councilman Miranda requests the Police Chief to step forward. The chief reviewed the radio log for the past six months and discussed incidents of parking violations, disbursements and loud music. Overall there were not that many incidents.  

The chief did not know if the loud music was inside or outside of the building because it was not indicated in the log.

Councilman Miranda states that the incident has to be addressed because things are not working out on Martello Street. He states that there has to be a happy medium worked out here. Councilman Miranda advises that the neighbors get together with the community police officer and the owners of Tropical Ilhas to see if things can be worked out.

Councilman Harrington believes that this is a letter of the law issue. He also states that it might violate zoning.. He questions the outdoor refrigerator.

The mayor then asks if anyone would like to testify on behalf of the Tropical Ilhas. Mr. Matt Santos, a friend of the owner steps forward and is sworn in. Mr. Santos refers to the pledge of allegiance recited earlier and the phrase “and justice for all.” He asks “Where is the justice of picking on this one club when on the next corner is Rockin Times?.” He states that people come out of that club with beer bottles. Councilman Miranda states that he is 100% right. He mentions that previously there was a problem with the other club.

Kevin Johnston, Associate Director of the Urban League of Rhode Island comes forward knowing Elaine and the establishment in question. He states that there has been no happy medium and feels that there needs to be a meeting and that there has been no meeting. He compliments the police for doing their job properly and if there was anything wrong they would have been on it. He hopes that no one will do anything hastily until all the parties have met.

George Lima comes forward and identifies himself as a resident of the Cape community. He comes to support Elaine and her establishment. He knows her as an honorable person and is willing to work with the community on this problem. He notes that this establishment is very important to the Cape Verdian community and that people go there to listen to the kind of music that represents our culture. It is also a place where we go to discuss issues that effect our community. We support the councilman for trying to work things out. We do not want to go on the record that this is an establishment that is not responsive.

Elaine Briggs steps forward and states that she has owned Tropical Ilhas for 10 years and that she has not had any trouble. She stated that the refrigerator was outside to bring it to a neighbor and that there is no beer inside. As far as music goes she has a police report that when the police were called that everyone was gone by 1:20 a.m. She states that the yard is power washed each day, that BFI comes each week to pick up the trash and that the inside is immaculate. The people who complain have not set foot in the place. This is an international place and all people are welcome to use the place anytime that they see fit. 

Mayor Grant recommends that the groups get together in a neutral place to resolve the issues.

Councilman Miranda expresses that he is pleased that Elaine is willing to meet with the neighbors. Councilman Miranda asks Mr. Mandelli if he would be willing to meet with the owner and he agrees.

It is decided to have a meeting at City Hall on Wednesday night (July 21, 2004). The zoning officer and the solicitor will be invited.

The last order of business under Communications concerns Tom West of 149 Terrace Avenue. He wishes to address the council regarding Riverside Park trees, overgrown grass and appearance of properties on Cedar Avenue. Councilman Harrington notes that Mr. West is not present.

On motion, a motion to defer made by Councilman Harringtin, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

Councilman Harrington makes a motion to go back to the regular docket.

REPORT OF OTHER CITY OFFICIALS

LAW DEPARTMENT

Entertainment Licenses-Class B Alcoholic Beverage License

Solicitor Conley explains that the city is required to adopt a plan for the granting of Class B alcoholic licenses and submit it to the Department of Business Regulation for approval. Mr. Conley asks for permission to submit the regulations to the Department of Business Regulation.

On a motion made by Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

CLAIMS COMMITTEE

Solicitor Conley gives his report.

New Claims-Metlife

uto and Home (ins: Fatima M. Lima ) - denied

Litigation-City of East Providence v. The Bristol County Water Authority-Claims committee approves the bringing of a lawsuit against the Authority, requiring the Authority to specifically perform its’ obligations and agreements with the city to turn over custody and control of the emergency pumping station to the custody and control of the city.

City of East Providence v. Town of Barrington - To approve the bringing a lawsuit against the town to recover expenses for which that town is responsible arising out of the catastrophic failure of a sewer connection at Bullocks Point Avenue right outside of our sewer plant.

United States of America (Federal Energy Regulatory Commission) and the submission of Algonquin Gas Transmission Company - The council approved the city intervening in that matter before the Federal Energy Regulatory Commission. I would like to report in that regard that we filed a separate complaint. Even if pipeline is developed it will be maintained on the Providence side so that it does not interfere with our waterfront plans.

Motion to approve is made by Councilman Miranda and seconded by Councilman Ramos. Roll call vote follows:

The motion passes on a 5-0 vote

As to both matters the council simply has to refer them to the planning board.

On a motion by Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.

PLANNING DEPARTMENT - Jeanne Boyle, Planning Director

1. Re-zoning of the former Rumford Fire Station property, 27 Newman Avenue from Open Space 1 to Residential - 3.

2. Change land use plan 2010 designation of the former Rumford Fire Station from open space to low density residential.

On a motion of Councilman Rogers to refer to planning, seconded by Councilman Miranda it is unanimously approved.                         

COUNCIL MEMBERS

Council consent between the matter we have just heard regarding Tropical Illas and the neighbors. I would like to have the city manager please advise the zoning officer that the meeting will be next Wednesday night at 7:00 p.m.

On a motion by Councilman Harrington, and seconded by Councilman Rogers, it is unanimously approved.

Councilman Harrington requests that the Harbor Master ordinance be moved ahead under council consent so that David Murray could answer a few questions. There was a fine that went from $150 to $1500 that we interpreted that it was the Harbor Commission that wanted to change that but it was a range and not a change.  Mr. Murray explains that the range was from $300 to $1500 and was changed some time ago. That section had to be retyped to apply to  jet skiers and anyone driving a power boat greater than 10 miles per hour. The idea is that they carry a certificate of boating registration. They were deferred from June 15 and not July 15.  Those penalties were added to those already in existence.

Motion to accept the revised ordinance as originally written by Councilman Harrington, seconded by Councilman Ramos. Roll call follows.        

The motion passes on a 5-0 vote.

Move to return to the normal order of business is made by Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.

COUNCIL MEMBERS

Councilman Ramos discusses city expenditures and a charter revision. He expresses criticism of Travel and training being spent for the U.S. Conference of Mayors when we have a ceremonial mayor.  He requests a review of the charter. He recommends a change in title of Mayor to President of the council or Chairman. He states that we should get back to the reality of a council manager form of government. Dr. Ramos indicates that there is nothing in the charter which provides for the payment of cell phones.

Councilman Ramos asks the city manager who authorizes the payment of cell phones and the $2324.00 for the U.S. Conference of Mayors.

Mr Fazioli does not have the information for Dr. Ramos but promises to give it to him the next day.

Councilman Harrington echoes Dr. Ramos concerns but he states that it is an essential title because public officials and businessmen are groomed to see the manager and the mayor. He states that the mayor has been the man on the waterfront. Mr. Harrington does not want to change the title and says that we do not want to reinvent the wheel for a politically correct gesture. We are smart to be in the Conference for networking purposes. The fact that we do not have a strong mayoral form of government is irrelevant.

Councilman Harrington compliments Mayor Grant and states that businessmen like doing business with him.

Councilman Rogers stats that this is political rhetoric. Several months ago Dr. Ramos introduces another charter change to increase the size of the council and that the councilman at large would be the mayor.  Mr. Rogers states that this is proof Dr. Ramos is trying to be mayor himself and that is why on a vote of 4 to 1 it was voted down. Now that he can’t be mayor he wants to do away with the title.

Councilman Rogers believes that the mayor should be able to rub shoulders with the mayors of other cities. He continues by asking Mr. Ramos to refrain from politicizing the city council meetings and to keep reelection goals outside of the council chambers and do the people’s business.

Mayor Grant questioned why this was not brought up last January. He spoke of the value of the National Mayors Conference in addressing Homeland Security and LNG tanks. He agrees with Councilman Rogers that Councilman Ramos’ motivation is political. He states that he always tries to perpetuate the city and not himself. He states that Councilman Ramos is backing his opponent and that he is trying to make the council look bad.

Councilman Miranda believes that all of this coming out now is strange. He states that the mayor should have a telephone paid for by the city (whether it is a cell phone or not so that taxpayers can call him. He feels that it is unfair to single out the mayor when the city clerk, school committee and housing authority attend national meetings.

Councilman Ramos states that he gets calls from Rumford to Riverside and takes them on his own phone. He states that he can meet taxpayers at their own homes. He states that it was political that when on a 4 to 1 vote the council voted for a 14.5% tax increase.

Councilman Miranda states that he would never vote for a tax increase of 14.5%.

INTRODUCTION OF ORDINANCES –

If given final passage, can be referred to the next regular meeting on, Tuesday, August 10, 2004 for a public hearing and consideration of final passage.