I.  CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

      October 18, 2005 – Closed Meeting Re: Collective Bargaining     

                  November 1, 2005 – Regular Meeting

      November 1, 2005 – Closed Meeting Re: Collective Bargaining

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT

2005                                                                                            $1,328.10

TOTAL                                         $1,328.10

C.  RESOLUTION – Town of Charlestown – Resolution opposing electric rate increases

RESOLUTION – Town of North Kingstown – Resolution in support of US Senate Bill         1479 and House Bill 3427, known as the Lyme and Tick-Bourne Disease Prevention, Education, and Research Act of 2005.

D.  GRANT OF EASEMENT – to Narragansett Electric Company covering facilities to     supply electrical & telephone service to 1640 Pawtucket Avenue.

E.  Correction of Corporate Name Change from November 15, 2005 Docket.  Class A Retailer License was approved by Council as Liquor Depot East Providence, Inc., d/b/a Douglas Wine & Spirits East Providence.  The correct name should be as follows: Douglas Wine & Spirits East Providence, Inc.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted approve the consent calendar and remove the minutes of the October 18, 2005 and November 1, 2005 Closed Meetings from the Consent Calendar and keep them closed. 

On motion of Councilwoman Perry, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the closed minutes of October 18, 2005 and November 1, 2005. 

II.  PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS

Mayor Larisa presents proclamations to the East Providence Senior High School Girl’s Volleyball team for winning the 2005 State Championship, which is their 5^th straight statewide championship in a row.

III.  APPOINTMENTS

 Traffic Control  (by Councilman Midgley)

 Monique Boisvert

 401 Willett Avenue (02915)

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

IV.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

Private Detective Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Kenneth M. Vieira, 58 Meadowcrest Drive

On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to continue until the next meeting.

Vict/Not Over 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

From: Trinh Vo, d/b/a Convenience Store #1

To: Thich Van Nguyen, d/b/a Convenience Store #1, 665 North Broadway

Thich Van Nguyen, 1935 Dorchester Ave #2, Dorchester, MA is present and sworn in by the City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Holiday Sales (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

From: Trinh Vo, d/b/a Convenience Store #1

To: Thich Van Nguyen, d/b/a Convenience Store #1, 665 North Broadway

On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Review of O’Dinis Restaurant, 579 Warren Ave. Liquor License: (Continued from August 16, 2005 Council Meeting.  Issued a full privilege license for a three-month period by vote of the City Council and to bring up for review in December).

Dinis Paiva, South Spruce Street, is present and sworn in by the City Solicitor.

There is no one from the public wishing to be heard.

On motion of Councilman Miranda, seconded by Councilman Midgley, and on a roll call

vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

V.  PUBLIC HEARINGS

1)  ZONING MAP AMENDMENT (by Planning Dept.)

Advertised  Providence Journal – November 21^st, 28^th, and December 5^th 

            Notices sent by certified mail - November 18, 2005     

REZONING – Recommendation for requested zoning map amendment requested rezoning from Industrial 3 to Residential C-2.

Petitioner:  HOD Associates

Change to: District C-2 from I-3

Lot:  Map 403, Block 23, Parcel 1

Location: 179 Greenwood Avenue

2)  ORDINANCES – FINAL PASSAGE (Given first passage November 15, 2005.  Advertised-Providence Journal – November 18, 2005)

VI.  NEW BUSINESS

A.        CITY MANAGER’S REPORT

1.  Pre-qualification for Public Safety Complex Feasibility Study

Mr. Fazioli states he is looking for Council approval to pre-qualify four firms for the public safety complex feasibility study. The study will see if a new facility is needed, if it is feasible to combine it, and where the location should be.

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to pre-qualify the following firms: Maguire Group, Inc., RGB Architecture, Pacheco Ross Architects, and Jeter Cook & Jepson Architects, Inc.

2.  Pension Fund Update

Mr. Fazioli updates the Council on the status of the pension fund for the Police and Fire Department and states it is up approximately 13% from last year. He also states that the State Employee Retirement System who manages funds for the other municipal City employees have said that the contribution next year will have to increase by $280,000.  The annual contribution from the City has risen from $230,000 in 2001 to $1.4 million for next year.

3.  Collective Bargaining

On motion of Councilman Miranda, seconded by Councilman Caine, It is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations. 

4.  Backwater Valve Ordinance/Sewer Back Ups

Mr. Fazioli states the City has had a number of sewer backup issues over the last few years and suggests contingent to settling any future sewer claims, would ask that the Council require backwater valves be installed in homes, especially in areas prone to this problem.  The valve is required for any new construction.  Director Coutu discusses how the backwater valve works.  Mr. Fazioli is asking the Council to make getting this valve a condition of those claims since we have had people that have had problems in the past, filed a claim, and then have had reoccurrences because this devise was not put in.  A lot of them are recurring events and could be prevented by installing this device.

5.  Request to sell James Street lot as surplus property

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve the sale of 75 James Street to Paolino, Paolino, & Company for the bid of $204,500.

B.        REPORTS OF OTHER CITY OFFICIALS

1)  CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)

On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to accept the Claims Report as presented.

2)  NARRAGANSETT BAY COMMISSION EMINENT DOMAIN TAKING (By William J. Conley, Jr. City Solicitor)

Mr. Conley states the Narragansett Bay Commission (NBC) is engaging in a pump station improvement project in the City.  They will be taking by eminent domain temporary and permanent easements that will affect some private property owners and some City owned property.  There are three options for the City.  To not to sign any release and upon the taking, NBC will deposit with the court the amount determined to be fair compensation, to accept the amount proposed, or to sign a release called advanced compensation in which we are paid the money upfront and reserve ourselves a year to review this to see if the compensation is fair and whether we want to go forward.  The Planning Dept. and Public Works Dept have reviewed this.  The amount being offered by NBC is $97,970.  This is $45,770 for the permanent easements and $52,200 for the temporary easements during the construction phase of the sewer pump stations.

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

3)  COUNCIL MEETING DATES FOR 2006 (By Dana L. Toy, City Clerk

Requesting City Council approval to meet at 7:30 p.m. in Council Chambers on Tuesday, December 20, 2005, and thereafter on the following dates in 2006: 

* November 14, 2006 – Regular meeting date of November 7^th is Election Day

 ** Friday, December 1, 2006 – Inauguration of newly elected City Council

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

C.        COUNCIL MEMBERS

Worth Remembering (By Councilman Midgley)

Councilman Midgley discusses December 7, 1941 being a day that changed the course of     history and September 11^th also changing the world.  We’re now in war and this time of year, we realize the sacrifices that have been made.  It is important to remember what has happened and what is happening now and to remember what the season is about and try to help people out. 

The School Budget and the Train Wreck – an update  (By Mayor Larisa)

Mayor Larisa states the School Committee went back and made some cuts and has a $500,000 line item that they need in savings for healthcare.  We knew this was an on-going issue when we passed the budget.  They asked the teachers if they would agree to do a co-pay.  We pointed out one area, prescription drugs, where the Police and Fire are already doing a co-pay.  They pay a 20, 25, or 30% co-payment on all prescription drugs.  The teachers pay a flat $5 or $10 co-payment.  If they agreed to what Police and Fire have already done, that would have covered their $500,000 item, but the answer was no.  We thought this would be an easy savings and I believe most teachers would have agreed to this.  Believe that it was the leadership that wouldn’t allow them to vote on it.   We already know the fiscal impact of the contract next year.  It will cost the taxpayers over 2 million more dollars next year with no co-pay changes on prescription drugs, no-copy on healthcare, and the 4% increase that is built into the contract.  On the other side, we have the Dept. Heads who have agreed to do a 10% co-pay. We’re not going to give up on that contract.  We can’t because the taxpayers will be here year after year on this.  We do have money coming in, but we also have increased costs.  On the city side, we have the pension fund and we’ve can’t have a project like the Rumford Baking Powder site and say we’ll set aside that aside to pay for benefits for teachers, we just can’t do that.  We’ll never get a multipurpose center, no new school to replace Martin, we’ll never get a public safety facility, and no new roads and streets if it all goes towards the contract that the taxpayers cannot afford.  Will discuss this matter more at a later date.

Unanimous Consent:  Councilman Miranda discusses the Warren Avenue Project and wants to know why the work hasn’t begun yet.  Mr. Fazioli states that the improvements will probably begin in the Spring.  Mr. Fazioli is asked to get a proposal from the contractor showing a time line of the project.

D.        INTRODUCTION OF ORDINANCES  (If given first passage, can be referred to the next  regular Council meeting to be held on December 20, 2005 for a public hearing and consideration of final passage).