I.  CONSENT CALENDAR

A.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

B.  COASTAL RESOURCES MANAGEMENT COUNCIL – Cease and Desist Order

Property located at Map 313, Block 8, Parcel 6, 3 Harding Avenue, William G. Campos

C.  RESOLUTION – City of Providence, Rhode Island – Resolution in support of Senate     Bill 2005-S-0064, an act relating to education.

D.  ALCOHOLIC BEVERAGE LICENSE – CLASS F – July 8^th, 9^th, & 10^th

      Teofilo Braga Club, 26 Teofilo Braga Way                         

     ALCOHOLIC BEVERAGE LICENSE – CLASS F – June 25^th & 26^th

                 Holy Ghost Brotherhood, St. Peter Micaelence, 81 North Carpenter Street

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.  It is noted for the record that Councilwoman Perry is absent.

II.  APPOINTMENTS

Building Board of Standards and Appeals

Gustavo O. Raposo (by Councilman Miranda)  (reappointment)                              

411 Gulf Road West, South Dartmouth, MA (Engineer)

On motion of Councilman Midgley, seconded by Councilman Caine , and on a roll call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry is absent. 

Building Board of Standards and Appeals

Ladd Meyer (by Mayor Larisa)  (reappointment)                              

75 Terrace Avenue (02915)

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry is absent.

Beautification Committee

Armando Ladeira (by Councilman Caine)                              

33 Garfield Avenue (02916)

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry is absent.

III.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1) B-Full Privilege Victualer; 2) Vict/Over 50; 3) Dance/Entertainment 

Albertino R. Milho, Milho Sports Bar, Inc., 308 Warren Avenue

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

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

4) Renewal of Alcoholic Beverage License for Dec. 1, 2004 - Nov. 20, 2005   

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

From: AJR Restaurant Group, Inc. d/b/a Estrela Do Mar

To:  CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway

John Mancini, Attorney representing AJR Restaurant Group is present and sworn in by the Assistant City Solicitor.

Mr. Mancini states that AJR is in an agreement to sell its business and real estate to CMC contingent upon the transfer of this license.  Contingent upon transfer, we will have a closing and all the objectors will be paid.  We are asking Council to permit the transfer of the license contingent to the full satisfaction and release of the objectors who have filed and have been noted on record.  It is important we obtain the approval even if it may be conditional because it allows us to transfer the business and transfer the sale of the property to the new operator so to permit them to reopen and continue it’s business and hope that the new operator flourishes the business.  Request a conditional approval for both the renewal and the transfer.

Mayor Larisa asks about the renewal not being done prior to June of this year.  Mr. Mancini states what happened was a purchase and sale agreement was in place in November 2003 and a trail of incidents happened since 2003 which have not enabled the closing to take place and have not enabled the renewal of the license and proper operation of the restaurant, which has resulted in all these suppliers not obtaining payment and also resulted in the restaurant which is currently closing.  We have since been able to resolve all outstanding issues and are prepared for a closing subject to the transfer and renewal of this liquor license. 

Mayor Larisa asks if the restaurant has been closed since December 2004?  Mr. Mancini states he’s not sure of the exact date when the restaurant closed.  Believe it was after December.  No renewal done prior to December because uncertain of what the future of the restaurant and the applicant.

Mario Rodrigues, 153 Mauran Avenue and Louis Sousa, Attorney representing CMC Restaurant, Inc. are both present and sworn in by the Assistant City Solicitor.

Councilman Caine asks Mr. Sousa about representing one of the objectors.  Mr. Sousa states yes, he was surprised to see that one on the agenda.  That objection was submitted prior to the purchase and sale agreement being signed based on the dispute ongoing at the time.  Not sure if claim is still unpaid.  It was an old claim and it may have been paid in full.  As Mr. Mancini stated, all those items will be addressed from closing proceeds.  There will be sufficient proceeds to satisfy all creditors claims.

Solicitor Conley states that the licenses are not issued by the Clerk until we receive satisfactory evidence that the claims are resolved.  Will need a letter from the objector withdrawing their claim. 

Mr. Sousa would also require that the transferor, AJR, would be required to get a certificate of good standing from the RI Division of Taxation, which is a statutory requirement.

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

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve contingent to the satisfaction of the debt and following state laws and subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.  It is noted for the record that Councilwoman Perry is absent.

5) B-Full Privilege Victualer (Transfer)  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

From: AJR Restaurant Group, Inc. d/b/a Estrela Do Mar

To:  CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway

*Letters of Objection received from the following:

1)  Arcaro, Belilove & Kolodney for MS Walker of RI, Inc. and RI Distributing Co.

2)  Best Beverage Corporation

3)  Joseph A. Lamagna for Central Avenue Bakery, Inc. and MAF Imports, LLC,

4)  Fox Point Wine & Spirits, Inc.

5)  Lisa & Sousa, LTD for L&B Beverage, Inc.

6)  McDonald & Buben for Paiva’s Shellfish, Inc.
7)  Michael S. Pezzullo for Sysco Corporation

8)  Addendum - Letter of Objection received from Arcaro, Belilove, & Kolodney on 6/17/05 on behalf of Charles Fradin, Inc. and Wayne Distributing Co.

There is no one from the public wishing to be heard

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve contingent to the satisfaction of the debt and following state laws and subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.  It is noted for the record that Councilwoman Perry is absent.

6) Vict/Over 50 (Transfer)  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

From: AJR Restaurant Group, Inc. d/b/a Estrela Do Mar

To:  CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway

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

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve contingent to the satisfaction of the debt and following state laws and subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.  It is noted for the record that Councilwoman Perry is absent.

LICENSES NOT REQUIRING PUBLIC HEARING

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

From:  J. Enterprises, Inc. d/b/a East Providence Shell

To: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue

Thomas Breckel, 105 Bishop Hill Road, Johnston, RI is present and sworn in by the City Solicitor.

On motion of Councilman Caine, 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.  It is noted for the record that Councilwoman Perry is absent.

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

From:  J. Enterprises, Inc. d/b/a East Providence Shell

To: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue

On motion of Councilman Caine, 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.  It is noted for the record that Councilwoman Perry is absent.

3) Additional Hours (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

From:  J. Enterprises, Inc. d/b/a East Providence Shell

To: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue

On motion of Councilman Caine, 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.  It is noted for the record that Councilwoman Perry is absent.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV.  PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE   (Given first passage June 7, 2005.  Advertised – Providence Journal – June 10, 2005)             

The following is an ordinance amendment pertaining to the issuance of a license or permit to carry a concealed pistol or revolver

SECTION I.  Section 12-1. entitled "Carrying pistol or revolver." of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Police" is amended to read as follows:

Whenever a license is issued by the chief of police to carry a pistol or revolver, the fee for such license shall be $40.00 and a list of all of those obtaining such license and paying such fee shall be kept at the city clerk’s office.  A license will be issued by the chief of police to carry a pistol or revolver to a suitable person who is a retired regular officer in good standing, an active reserve/constable in good standing, or a holder of a State of Rhode Island permit in accordance with the City of East Providence policy regarding the issuance of a license or permit to carry a concealed pistol or revolver pursuant to R.I.G.L. § 11-47-11.

The fee for such license shall be $40.00 and shall be payable to the city clerk’s office upon approval by the East Providence police chief as outlined in said policy.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Chief of Police.)

On motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.

Mr. Conley states purpose of ordinance is to bring into compliance with State law.  Those that are issued a license through the Chief of Police would meet the same qualifications established under the State statute of the issuance of a license through the Attorney General’s Office.  Everything will happen at the Police Department except the money for the license, which will be collected at the City Clerk’s Office.  Issuance of the permit and everything else pertaining to it will take place in the Police Department by the Chief.

James Archer, 10 Crestview Drive, Smithfield, RI, is sworn in by the City Solicitor.

Mr. Archer states he is the President of Citizen’s Rights Action League, an organization that provides assistance to people on firearm’s issues.  He reads Title II, Chapter 47, Section 58, and believes there is a question if this ordinance conforms to the statute.  I’ve spoken with the Chief of Police and this ordinance would preclude the issuance of a permit to people not specifically listed in this ordinance.  It only requires the Chief to issue the license under these conditions and does not constrain the Chief as persons not referenced by the ordinance.  Because of the word “will”, it is not entirely clear what the intention of the ordinance is.

Mayor Larisa asks Solicitor Conley why adding certain people was added to ordinance.  Mr. Conley states despite the section of the State law reference by Mr. Archer, there is a separate section that states the Police Chief will issue the licenses so the purpose of the ordinance is to comply with that section in the statute and to define to the Chief who the qualified people are to get a license.

Mayor Larisa states you said Title 11, Chapter 47, Section 58 gives the state the total authority and then said Title 11, Chapter 47, Section 11 gives the local Chief total authority.  Mr. Archer states Title 11, Chapter 47, Section 11 gives the State authority to regulate how firearms licenses and other firearms issues are handled.  They’ve chosen in statute to delegate that to the licensing authority of each City and Town, which is the Chief in most cases.  Title 11, Chapter 47, Section 58 prevents the Council from placing or lifting additional burdens that are not specified in statute. 

On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to defer until the next meeting for Solicitor Conley’s review.  It is noted for the record that Councilwoman Perry is absent.

Without objection, Councilman Miranda, seconded by Councilman Caine, make a motion to move up Communications #1 & #2 after Public Hearings.

1) James Bailey, 1 Bloomfield Street

Requesting to address the Council re: permission to block off section of Bloomfield Street between Brown Street and Grassmere Avenue on Saturday, June 25, 2005 for High School Graduation Party

James Bailey, 1 Bloomfield Street is present and sworn in by the City Solicitor.   

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry is absent.

2) Helena Brochu, Harding Avenue

Requesting to address the Council re: blocking off Harding Ave. to traffic on July 3, 2005 

Cynthia Salzillo, 14 Harding Avenue, 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.  It is noted for the record that Councilwoman Perry is absent.

Mayor Larisa asks Chief Castro to step forward.  He states that the Chief will be retiring on June 24^th and reads a proclamation from the City Council.  Mr. Fazioli then presents Chief Castro with a plaque.  Both thank the Chief for his many years of dedicated service to the City of East Providence.

V.  NEW BUSINESS

A.  CITY MANAGER’S REPORT

Arts District Legislation

Mr. Fazioli states at the last meeting, there was a discussion about passing a resolution supporting the establishment of an arts district in the City.  At this time, with the session winding down, I think it would be best to wait for next years session to get a better handle on the legislation and what it means to the City and to get a more complete report on it. 

Rose Larisa Memorial Park ADA Ramp Status Report

Mr. Fazioli has an update on ADA ramp.  Have had a few delays in the handicap ramp at Rose Larisa Memorial Park.  Currently, the original design prepared by the architect did not account for some deterioration of the retaining wall that was serving as a foundation for the ramp.  The ramp had to be redesigned and it was approved by CRMC and our building inspector and a change order was done and totals about an additional $1,000 dollars on the job.  The issue would be a delay on when the ramp will be completed.  Just wanted the Council to be aware of this, we’re moving along as fast as we can on this and hope to have the ramp completed by the second or third week in July. 

Director Boyle steps up and states there has been ongoing work taking place.  The contractor was able to move forward and remove wall that was found to be in deteriorated condition.  Also concerned about the deterioration in the retaining wall that faces the beach and on advice of the structural engineer, were able to add buttresses to that retaining wall so it would be secure.  That has already been done. Mayor Larisa asks how this will affect the concert series scheduled and the construction of the amphitheatre.  Director Boyle states would have to defer this to the Director of Parks and Recreation, but believes since it’s only a small corner of the park being affected by this work, they should be able to find an area that is undisturbed.

Mayor Larisa requests that the City Manager find out the information on when the amphitheatre is expected to be constructed and opened. 

            Without objection, the Mayor asks to move up Communications for John Fahey

John M. Fahey, 2535 Pawtucket Avenue

Requesting to address the Council re: a continuation of the discussion on the grand opening of Rose Larisa Memorial Park Handicap Access Path and Ramp

Mr. Fahey states that the monetary resources of the City of East Providence are not unlimited.  Council duties, responsibility, and accountability are to assure that the Cities limited resources are used most effectively and efficiently.  Unfortunately, Mayor Larisa’s actions are the cause for this discussion.  You said you thought you had full authority.  I disagree.  Your action opening the stairs was an act of a rogue citizen.  You exposed the City to very real legal issues.  You did not have the authorization of the City Manager, the City Council, or the legal guidance of the City Solicitor.  You knowingly disregarded our Charter.  You are not a freshman Councilperson and you know the requirements of the system.  What informed responsible person acting on behalf of the people would open stairs for use that are not legal and with no authority?  My recommendation to the Council is to take a second look at whom you selected for Mayor.  Councilman Caine was the only one who said no.  Then we have two other very confused Council people.  Councilman Midgley said he hoped the City wouldn’t be put in jeopardy.  Councilman Miranda said if the Mayor was sure the City was not going to get in trouble, that the Mayor should do what he has to do.  I guess both of these Councilmen missed Council 101 orientation.  For the hoping Councilman, the proper source for your legal guidance is the City Solicitor.  So stop hoping and be informed.  For the other Councilman, you too should have gone to the City Solicitor and you would not have been unsure.  You too should become informed.  I’d like the Council to reassure the people that they fully understand the need for effective and economical use of funds and that these funds are finite and request that the Mayor reimburse the City for the costs that occurred that were unnecessary.  To do less would reward unacceptable behavior.

Mayor Larisa takes a motion of personal privilege and states that one of the great things about this City that hit home with what I’ve learned this week is that we live in a democracy.  And in many Cities, you’d be surprised that you can’t even get on the docket and speak.  Even elected officials cannot speak on a topic in some Cities unless the Chairman or a majority of the Council allows you to do so.  In East Providence, that notion is so foreign to us.  Around here people can correctly complain as they did for the prior Council with a cutoff of a two-minute rule to speak.  The great thing in East Providence is we can have people like Mr. Fahey come up and even have the Mayor move him up on the docket in order to lambaste members of the City Council in a very eloquent, well-stated speech.  We don’t censor anybody and we don’t shut anybody off.  You can speak before 5,000 people on any topic you want on issues relevant to the City.  I think that is a great thing.  But I respectively have to disagree with Mr. Fahey.  I made my case a couple of weeks ago, but Mr. Fahey was probably not aware of all the background on it, when you have full authority until 1pm the day before a Saturday groundbreaking, there is no dispute.  Full authority, and the entire City was ready for that.  The only question is was that undone.  And as Mr. Fahey’s own comments pointed out, it clearly was not undone.  We talk about money being precious, and this Council you will see is a penny-pincher Council.  We are doing everything possible trying to protect the taxpayers.  We didn’t have a building plan review fee when I came back to this Council.  We have waterfront development and development going on everywhere in the City.  We have Bank of America bringing in 1,000 jobs.  And I pointed out at one of the first meetings that businesses would be happy to pay a plan review fee if their permits were expedited.  Because of that, I proposed a motion, the City Manager and Solicitor researched and supported it, and the Council unanimously approved it.  What did that mean to the taxpayers?  The City Manager announced $168,000, not $204 for redoing taking down of a public stairway, $168,000, real money.  The issue on the stairway, I fully admit reasonable people can disagree on this, but anyone who accuses Joe Larisa of not being one of the defenders of professional Council Manager form of government, one of the people who most realizes that we do not have a strong Mayor form of government and should not.  I’m one of the people who shut down the Mayor’s Office twice to defend the prerogatives of the City Manager and one of the people who proposed strengthening the requirements for City Manager.  I hope people would agree that I understand what a Council Manager form of government is and what the role of Mayor is in the City.  And I never would have opened the stairway without full authority.  In my time on the Council, I received the second most number of calls on this issue of people supporting opening of the stairways, saying to open them now, and that you did the right thing than I have on pretty much on any other issue on this Council, universal support, absent one or two callers, for the action that I took.  And I will defend that today.  I believe the people have a right to go to that beach and are being denied that right.  On the legal issue, there was no legal liability whatsoever, none at all.  I’ve become an expert on ADA, I talked with the Solicitor and with the US Dept. of Justice on this issue, and spent three hours with Harvey Salvas, and there is no law and there are no illegal stairs; that is a myth; the stairs are perfectly legal and were ready to be walked on one year ago.  There is no liability under the Americans with Disabilities Act or any other law from opening the stairways.  There is a policy preference of some over whether you want to deny the public access to the stairs while the wheelchair access ramp is built.  This is the Governor’s position.  The position of the Council is that is what we should do, and I fully defer to that position.  Also, there is a memo from our building inspector, and there have been rumors going around the City, that the stairs are still no good, and that they don’t meet ADA requirements.  The City Manager and I talked with Harvey Salvas again today.  Those memos and rumors were started before the City had been determined to build the wheelchair access ramp.  Under the ADA, you need one access for the handicapped, wheelchair ability to get down to the stairway.  So the stairs according to Harvey Salvas are exempt and they are perfectly fine under the ADA as soon as the wheelchair access ramp is built.  Mr. Salvas further said that the anniversary of the Americans with Disabilities Act is coming up on July 26^th, and when I told him the handicapped access ramp should be done on the 21^st, he said I think we may want to make our Statewide celebration of this at Rose Larisa Memorial Park with the grand opening of the ramp if it can be opened on Saturday, July 23^rd.  So we’ll work with the City Manager and the Council, we’ll have the meeting on July 12^th, and if everything lines up, we’re going to be a model for wheelchair and handicap access to beaches in the entire State of RI.  Again, I believe democracy was served, anyone can speak on any topic, even if it directly attacks me or other members of the council; that is what democracy is all about, reasonable discussion where reasonable people can disagree.

CDM Wastewater Study

Mr. Fazioli states we received an update from our consultants on the capital needs facing the sewer plant and they’ve identified about $37,000,000 in capital improvement to our sewer system that would have to be done over a twenty-year period to comply with new regulatory standards and replace the aging facility.  Part two of the study was a rate study to see what that would do to our rates.  Obviously, it would mean a big increase to the rates and I wanted to provide the Council with a summary of that report.  Our City has a generous exemption the first 3,500 cubic feet is exempt and people don’t pay for that.  If we are to accomplish everything we need in our sewer system, we have to have the infrastructure in place to accommodate the growth.  Right now, there is no proposal to raise rates; we are still waiting to see what happens with the regulatory requirements by DEM, but at some point, we’ll be required have stringent regulations where they have to replace some of the old equipment.  Again, there is no proposal here tonight for a rate increase, but just wanted to give the Council an overview of what the ramifications are and what the potential rate implications are.

Mayor Larisa states that this would be a huge increase. Would this cover both the sewer plant and the pipes?  Mr. Fazioli states yes, it covers both the plant and distribution system.  Mayor Larisa asks is this needed for regulatory reasons and for our waterfront development and future development of the City.  Mr. Fazioli states yes, we had a separate study done for sewer and water needs in the area and they are not even included in these numbers.  But that would be put on the developers to pay for those accommodations.  Right now, you can come into our City and build a house and you do not pay anything to tap into our system.  Other communities have something called impact fees.  Again, we’re not proposing that, but other communities have people paying $15,000 - $20,000 to tie into the their system.  That way of business may have to change in order to sustain the facilities we have. Mayor Larisa asks the City Manager about looking into impact fees, not for existing residents, but for new people.

Mayor Larisa states right now, we run the plant ourselves and we don’t have the expertise to do it.   In talking with other cities, there may be a way to do something called design, build, operate, where we put our plant out to bid and a company has experts that run multiple plants that can install better systems than we can because they install high tech systems that their experts can operate.  And the experience has been other cities and towns realize a 1/4 or more reduction in operating costs.  All existing employees would stay and union agreements are honored.  They implement this change through attrition.  We would still get to control the rates, but they are able to do it better, cheaper, and more cost effective than we are.  A few communities have already gone in this direction and I think this should be investigated whether to go out to bid and ask these companies what they could do for East Providence and then compare what they do with what we can do.   Another option is NBC, but I don’t think that works anymore, don’t know how valuable our plant is, but we could ask NBC what they could do for us if they took this over.  Am hesitant with the NBC option because we would be beholden to what NBC’s rates are.  Would like the City Manager to look into both of these options to compare it with what we currently do now.

Councilman Caine states that he is a recent appointee to the NBC board and has had discussions with them on how they operate.  We have an asset that needs 37 million worth of investment to bring it up to standard, so I don’t think there is a lot of value to that.  The idea of whether NBC or another company has systems and tools in place to make our system better, that is probably a viable option to look at to see if it makes sense.  In looking at the rate increase, it would still be lower than the statewide average.  Unfortunately, it is a very expensive thing to keep up with and upgrade.  I do agree with the Mayor and City Manager who have been discussing this for a while in that you can tie into our system with no fee when other cities do charge to do this. 

Councilman Midgley states the last time, we chiseled it down knowing it wasn’t enough. Two years later it wasn’t working and we were very lucky to raise the fees.  This is one of the biggest issues in the City.  Being a councilperson takes a lot of courage.  It takes courage to run the City right and to have a facility that meets up to the task.  Someone has to pay it, either the guy who comes in or us.  If we give any part of it up, we will be at the mercy of the people who take it over. 

Councilman Miranda agrees that if we do anything, we should keep our hands on it so we know what is going on at all times.  We’re going to have to pay one way or another.  It’s a tough decision and no one likes to raise taxes, but we’ve reached a point where we need to find out where we are going with.  This may be the only solution the Council has.                                         

B.  REPORTS OF OTHER CITY OFFICIALS

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

            1) Mark & Scott Denny, Claim No. 05-050                             Deny

            2) Melissa Mahoney, Claim No. 05-061                                   Deny

            3) Charles Stratton, Timothy Elms, Claim No. 05-060   Refer to RIDOT

            4) Joseph Warzycha, Claim No. 05-059                                   Deny

            5) IBPO Local 569 & City of East Providence

            AAA #113900072805 Arbitration                                            Refer to City Manager

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to accept as presented.  It is noted for the record that Councilwoman Perry is absent.

C.  COUNCIL MEMBERS

Councilman Miranda discusses the Warren Avenue Sidewalk Project, Mayor Larisa discusses the Roger Williams Avenue Sidewalk Project, and Councilman Caine discusses the Glen Lyon Park Project Update.

D.  INTRODUCTION OF ORDINANCES

(If given first passage, can be referred to the next regular Council meeting to be held on July 12, 2005 for a public hearing and consideration of final passage).