CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

NOVEMBER 1, 2005

The City Council meets in the Council Chambers on Tuesday, November 1, 2005 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:40 p.m.

Present:	Mayor Joseph S. Larisa, Jr.	)
	Patrick T. Caine	)
	Peter F. Midgley	)	Council Members
	Valerie A. Perry	)
	William J. Fazioli	)	City Manager
	William J. Conley, Jr.	)	City Solicitor
	Dana L. Toy	)	City Clerk

Absent:	Norman J. Miranda	)

The invocation is read by Councilman Caine and the Salute to the Flag is led by Councilwoman Perry.

Lori Merolla, Merandi Court Reporting, is present to record the proceedings of the public hearing.

I. CONSENT CALENDAR

A. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

YEAR AMOUNT

2005 $2,232.56

2004 $ 431.47

TOTAL $2,664.03

B. BOARD OF ASSESSMENT REVIEW

Requested adjustments for hardships and residential Tax Board of Review

YEAR	AMOUNT
2005 Hardships (7 approved, 2 denied, total of 9)	$4,712.23
2005 Real Estate Appeals (2 approved, 1 denied, total of 3)	$ 943.70
TOTAL	$5,655.93

C. RESOLUTION – Town of South 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.

RESOLUTION – Town of Hopkinton – Resolution in support that the town shall not exercise their power of eminent domain upon private residential property and transfer it to a private developer for the purpose of improving tax revenue or expanding the tax base or for the purpose of economic development.

RESOLUTION – Town of Hopkinton – Resolution pertaining to relief from the State Fuel Taxes.

RESOLUTION – Town of Westerly – Resolution amending the solid waste ordinances by establishing an E-Waste container at the Westerly Transfer Station for the collection and recycling of discarded e-waste.

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

II. PROCLAMATIONS, PRESENTATIONS, AND INTRODUCTIONS

Mayor Larisa presents citations to the following members of the Fire Department’s RIUSAR Team, who spent time in New Orleans/Gulf Coast as part of the Urban Search and Rescue Squad: Lieutenant Michael Carey, Lieutenant John Braganca, Lieutenant Craig Brearley, Lieutenant Julian Bayuk, Firefighter Jay Dent, Firefighter Jarrett Devine, and McArthur, the firehouse dog.

III. APPOINTMENTS

Traffic Control (by Councilman Midgley)

Anthony D’Aloisio, 7 Vernon Drive (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 Councilman Miranda is absent.

IV. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

Alc. Bev. B-Limited (Transfer)

From: East Buffet, Inc., d/b/a East Buffet
To: Wendy Lin, EB Dragon, LLC, d/b/a East Buffet Restaurant, 52 Narragansett Park Drive

Wendy Lin, 39 So. Eagle Nest Dr., Lincoln, RI is present and sworn in by the City Solicitor.

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

On motion of Councilman Midgley, seconded by Councilman Caine, 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 Councilman Miranda is absent.

Vict/Over 50 (Transfer)

From: East Buffet, Inc., d/b/a East Buffet
To: Wendy Lin, EB Dragon, LLC, d/b/a East Buffet Restaurant, 52 Narragansett Park Drive

RENEWAL OF ALCOHOLIC BEVERAGE LICENSES Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall. (Advertised 10/14/05 & 10/21/05)

CLASS A (RETAILERS)

Barrington Liquors, Inc., 618 Warren Avenue

Bethal Enterprises, Inc. dba Jordan’s Liquors, 199 Taunton Avenue

Clift’s Liquors, Inc. dba Christy’s Liquors, 191 Willett Avenue

Haxtons of Riverside, Inc. 1086 Willett Avenue

Liquor Depot, Inc. dba Douglas Wine & Spirits, 1235 Wampanoag Trail

Maia Brothers Liquor Mart, Inc., 208 Warren Avenue

O’Dell Enterprises, Inc. dba Brookfield Liquors, 470 North Broadway

Riverside Liquors, Inc., 225 Bullocks Point Avenue

Town Liquor Co., Inc. dba Town Wine & Spirits, 179 Newport Avenue

B-FULL PRIVILEGE (VICTUALING)

141 Corp. dba Uncle Tony’s Pizza & Pasta, 141 Newport Avenue

305 Club, Inc. dba 305 Club, 305 Lyon Avenue

Beef Hearth, Inc. dba Chelo’s, 63 Newport Avenue

Bertucci’s Restaurant Corp. dba Bertucci’s Brick Oven Pizzeria, 70 Narragansett Park Drive

Brinker Rhode Island, Inc. dba Chili’s Grill & Bar, 50 Highland Avenue

Cape Verdean Progressive Center, 329 Grosvenor Avenue

Centre Court Inc. dba The Loft, 55 Hospital Road

Chelo’s of East Providence, Inc., 911 Warren Avenue

CMC Restaurant, Inc. dba Estrela Do Mar, 736 North Broadway

Comedy Connection of RI, Inc. dba Comedy Connection, 39 Warren Avenue

Davenport’s Bar & Grill, Inc. dba Davenport’s Restaurant, 1925 Pawtucket Avenue

Dolces Restaurant, Inc. dba Bovi’s Town Tavern, 287-289 Taunton Avenue

East Providence Yacht Club, Inc., 9 Pier Road

Golden Dragon, LLC dba Young China Restaurant, 250 Warren Avenue

Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillips Street

Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue

Hong Meas Restaurant, Inc. dba Hong Meas Restaurant, 332 Warren Avenue

K&G Enterprises, Inc. dba Restaurant La Camelia, 92 Waterman Avenue

Lane Foods, Inc. dba Greggs Restaurants, 1940 Pawtucket Avenue

Lees Restaurant and Lounge, Inc. dba Lees Restaurant and Lounge, 376 Bullocks Point Avenue

Lincoln Bar & Grill, Inc. 24 Monroe Avenue

Little Lucy’s Lunch dba Red Bridge Tavern, 22 Waterman Avenue

Loggia Luce Moderna 1112, 99 Hicks Street

Lumberyard, Inc. dba 3^rd Base Tavern, 281 Massasoit Avenue

Mathias Enterprises, LTD dba Campino Restaurant & Sports Bar, 218 Warren Avenue

Merrill Lounge, Inc. dba Merrill Lounge, 535 North Broadway

Milho, Albertino R. dba Madeira Restaurant, 288-290 Warren Avenue

P & G Bowling, Inc. dba East Providence Bowling Center, 80 Newport Avenue

Paiva’s Restaurant Corp. dba O’Dinis Restaurant & Tavern, 579 Warren Avenue

Planet Azores, Inc. dba Solmar Restaurant, 497 Warren Avenue

Portuguese American Athletic Club, 281 Warren Avenue

Pub Ventures, Inc. dba Mulhearn’s Pub, 507 North Broadway

PWRPJ, Inc. dba Rockin’ Times, 478 Waterman Avenue

Riviera Inn Dining and Banquet Company, 580 North Broadway

Roast House Pub & Restaurant Corp. dba The Roast House, 40 Newport Avenue

SAZ, Inc. dba Town Pizza & Family Restaurant, 949 Willett Avenue

T&T’s 133 Club, Inc. dba 133 Club, 29 Warren Avenue

Terrapin Foods, Inc. dba Magnolia Food & Cocktails, 315 Waterman Avenue

THF, Inc. dba Houlihan’s Tavern On The River, 28 Water Street

TLKC of RI, Inc. dba North Broadway Pizza & Pub, 525 North Broadway

Town Pub, Inc., 311 Taunton Avenue

Tropical Ilhas, Inc., 472 Waterman Avenue

Two Jerks Pub & Grill, Inc. dba Two Jerks Pub & Grill, 446 Waterman Avenue

Watchemoket Bar, Inc. dba Watchemoket Bar, 31 Warren Avenue

Wong Restaurant Corporation dba Rickshaw Inn, 181 Willett Avenue

C (SALOON)

Carl & Arthur Quattrucci dba Monforte’s Bar, 493 Waterman Avenue

D-FULL PRIVILEGE

Agawam Hunt, 15 Roger Williams Avenue

Columbus Club of Barrington, 1 Viola Avenue

Columbus Club of East Providence, 3200 Pawtucket Avenue

East Providence Athletic Club, 118 Mauran Avenue

East Providence Fraternal Order of Eagles 1773, 334 Waterman Avenue

East Providence Lodge of Elks 2337, 60 Berkeley Street

Holy Ghost Brotherhood Mariense, 846 Broadway

Metacomet Country Club, 500 Veterans Memorial Parkway

Riverside Post Holding Co., Inc., 830 Willett Avenue

Riverside Sportsmans Association, 1 Sportsman Drive

Squantum Association, Squantum Club, 947 Veterans Memorial Parkway

Theophilo Braga Brotherhood & Literary Club dba Teofilho Braga Club, 26 Teofilho Braga Way

Trinity Brotherhood, 146 Sutton Avenue

Wannamoisett Country Club, 96 Hoyt Avenue

B-LIMITED (VICTUALING)

Ban Chiang, Inc. dba Siam Square Restaurant, 1050 Willett Avenue

Barros, Rose Marie dba Casa Brasil/Café Brazil, 543-545 North Broadway

Boston House of Pizza, Inc. 540-542 Taunton Avenue

Bowling Academy, Inc. 354 Taunton Avenue

Chan, Ben Ying dba Mei Singh Chinese Restaurant, 2827 Pawtucket Avenue

Dedeyan, Mkrtich dba Minerva Pizza House, 1022 South Broadway

East Buffet, Inc. dba East Buffet, 52 Narragansett Park Drive

East Providence House of Pizza, LLC 187 Willett Avenue

Farnsworth Café, LLC dba Farnsworth Café, 302 Willett Avenue

Happy New Buffet, Inc., 1925 Pawtucket Avenue

Horton’s Seafood, Inc. dba Horton’s Seafood, 809 Broadway

JPCT Sports, LLC dba Tennis Rhode Island, 70 Boyd Avenue

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

On motion of Councilman Caine, seconded by Councilwoman Perry, 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 Councilman Miranda is absent.

LICENSES NOT REQUIRING PUBLIC HEARING

Vict/Over 25

Robson & Geraldina Coutinho, d/b/a Brazil Belo Store, 198 Newport Avenue

Robson & Geraldina Coutinho, 12 Orange Street, Attleboro, MA, are present and sworn in by the City Solicitor.

Holiday/Sales

Robson & Geraldina Coutinho, d/b/a Brazil Belo Store, 198 Newport 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 Councilman Miranda is absent.

Wrecker/Towing

Manuel P. Santos, d/b/a Santos Towing, 140 Evergreen Drive, #38

Manuel P. Santos, 140 Evergreen Drive, #38, East Providence, is present and sworn in by the City Solicitor.

The Council advises Mr. Santos he cannot tow any cars to his home address and cannot store the truck on any street.

Peddler/Seafood

Dinarte F. De Medeiros, d/b/a De Medeiros Fish Man, 90 Lyon Avenue

Dinarte F. De Medeiros, 90 Lyon Avenue, East Providence, is present and sworn in by the City Solicitor.

Laundry/Drycleaners (Transfer)

From: Hope Cleansers, Inc.

To: Deborah Luther Martitz, Inc., d/b/a Hope Cleansers, 409 Warren Avenue

Deborah L. Martitz, 243 Lincoln Ave., Seekonk, MA, is present and sworn in by the City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Caine, 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 Councilman Miranda is absent.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

V. PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given first passage October 18, 2005. Advertised-Providence Journal – October 21, 2005)

1) The following is an ordinance ordering the assessment and collection of property tax on the ratable real estate, tangible personal property, and an excise tax on registered motor vehicles and trailers.

SECTION I. That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than Seventy-five Million Four Hundred One Thousand ($75,401,000) Dollars nor less than Seventy-four Million Three Hundred One Thousand ($74,301,000) Dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2005 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2006 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2006 and the 3rd day of July, 2006 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 3rd day of July, 2006, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 3rd day of July, 2006 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2006 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 3rd day of July, 2006, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2006, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2006 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2007.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest. If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1st day of June, and the 3rd day of July, 2006 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.

SECTION II. That any of said taxes not paid on or before the 1st day of March, 2007 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

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

Louis Giraitis, 35 Jenks Street, is present and sworn in by the City Solicitor and believes we need to focus on economic development.

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

2) The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue.

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2006 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

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

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

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

3) The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes.

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2006 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

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

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

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

4) The following is an ordinance amendment pertaining water rates.

SECTION I. Subsection (a) of Sec. 17-36 entitled “Water Rates.” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

(a) The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $2.45 per 100 cubic feet for all consumers. (Requested by: Director of Finance)

The City Manager makes a PowerPoint presentation on water and wastewater budgets.

Following discussion by the Council, the following people are present and sworn in by the City Solicitor:

Louis Giraitis, 35 Jenks Street believes the current meters are unlikely giving a false reading and that there is very little bacteria in the Scituate Reservoir. He asks if the meters are tested to national standards. Mr. Conley states they are.

Mr. Ken Booth, Superintendent of the Water Division, states that most of the large meters are about seventy years old and replacement parts aren’t manufactured any longer. Seventeen meters did not meet the American Water Works standards and are performing below efficiency. As they age, the gearing slows down.

Jim Abrams, 61 Caitlin Avenue, asks if there is a current ordinance that mandates and gives the city power to tell the commercial users to change their meters. Mr. Conley states there is. Mr. Booth states the meters two inches in size or smaller are owned by the City, larger than two inches are owned by the property owner. Mr. Abrahms says he would rather see the $300,000 spent to accelerate the program. Mr. Fazioli states it is an enticement because the cost of putting in the meter is quite substantial. He says the city will recoup the cost more quickly by having more accurate meter readings and in year two, the money would be converted back to the pipes.

Mr. Abrams asks if the source of contamination was ever determined. Mr. Fazioli says tte exact source of the contamination was never identified, even though over 1,000 tests were performed. He says that one came back positive and that test was not confirmed by another lab, so there is a question of whether there was contamination present at all. He says the city is thinking of replacing the pipes in the central part of the City as they are some of the oldest pipes, but that does not mean that was the source of the contamination. Mayor Larisa states if there was contamination in the pipes, positive tests would result when they were flushed. But according to Mr. Booth, there have not been any positive fecal tests. .

5) The following is an ordinance amendment pertaining sewer rates.

SECTION I. Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended to read as follows:

(c) The water consumption portion of the sewer charge shall be at a rate of $3.05 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis. (Requested by: Director of Finance)

The following people are present and sworn in by the City Solicitor:

Wesley Plante, 53 Seventh Street, states he’s not sure how budget is set up for sewer infrastructure and hopes the City Manager keeps a clean run government.

Louis Giraitis, 35 Jenks Street, states the treatment plant in Riverside is second to none. Doesn’t understand why other residents in different parts of the City are forced to send their wastewater to a treatment plant other than our own. Need to look at all the options to spend our money effectively.

Charles Mello, 8 David Street, wants to know how much overflow is going into the bay from the City. Mr. Fazioli says it would depend on the storm and defers to Tom White, Assistant Superintendent of Water Systems. Mr. White says there were three this year. The Watchemoket overflow was 1.7 million gallons in October.

Mr. Mello asks how much capacity can the plant take with over-development of the waterfront. He also asks if this increase will get rid of the 1.9 million deficit and is the city prepared to deal with the development of the waterfront. Mr. Fazioli says it will get rid of the deficit over time, and nothing is being invested into the plant based on this increase because there are only estimates on the costs of sewers for the waterfront. He says that until actual developments are in place, it would be premature to put pipes in the ground and the city would want to have the developers pay most of that expense.

Mr. Mello asks how many businesses and residences are projected for the waterfront. Ms. Boyle, Director of Planning, said estimates are between 2,500-3,000 new residential units and 600,000–one million square feet of commercial space. The capacity is not the issue here, but of the distribution system. Some sections of waterfront do not have any pipes so they would have to be installed as well as improvements such as pump stations.

Mr. Mello says he wants a well-prepared plan if the City is going to be further developed, and it should be open to investors and not put on the backs of those who already live here. Mayor Larisa states the concern here is with the pipes in the ground and a plant that needs repairs. He says the plan will impact all ratepayers, and while the plan is being developed, it has to be understood that the taxpayers can’t take everything all at once. While the city is trying to get the deficit down, it does take money to run the plant and upgrade it and to replace the pipes. He says there is not a lot of Federal and State money to do that every option is being looked at. As far as existing ratepayers paying for the waterfront development, that is not going to happen.

After further discussion by the Council, on motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Councilman Miranda is absent.

6) The following is an ordinance amendment regarding stop sign on Quarry Street.

SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following: QUARRY STREET (eastbound and westbound traffic) at Fifth Street. (Requested by: Director of Public Works)

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

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

7) The following is an ordinance amendment pertaining to parking on Grosvenor Avenue.

SECTION I. Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-307 entitled “Parking prohibited at all times.” is amended by adding thereto the following: GROSVENOR AVENUE (north side) from North Hull Street to North County Street. (Requested by: Director of Public Works)

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

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

VI. NEW BUSINESS

A. CITY MANAGER’S REPORT

1. Request for Council approval to award bid for dental coverage for 2005-2008

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to award bid to Delta Dental of Rhode Island for a three-year contract. It is noted for the record that Councilman Miranda is absent.

2. Waterfront Commission Update

Jim Moran updates the Council on commercial developments recently permitted, under permit review or preparing for permit review in the City. Mr. Fazioli also presents the City Manager’s Award to Jim Moran, which is awarded by the City Manager to an employee who goes above and beyond their duties.

3. Forbes Street Landfill – Defer until next meeting

4. Collective Bargaining Negotiations

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. It is noted for the record that Councilman Miranda is absent.

5. Request for Council approval to award bid for Jet Vac Truck (Catch Basin & Drain Line Cleaner)

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

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to pay from the Sales of Surplus Property Account through the Master Lease Agreement. It is noted for the record that Councilman Miranda is absent.

6. Request for Council approval to award bid for five 11’ steel snow plows

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to award bid to WH Rose, Inc. It is noted for the record that Councilman Miranda is absent.

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to pay from the Sales of Surplus Property Account through the Master Lease Agreement. It is noted for the record that Councilman Miranda is absent.

7. Request for Council approval to award bid for John Deere 410G Backhoe Loader

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to award bid to Schmidt Equipment, Inc. It is noted for the record that Councilman Miranda is absent.

B. REPORTS OF OTHER CITY OFFICIALS

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

No claims report to be filed.

C. COUNCIL MEMBERS

By Councilman Midgley : Water, Water, Whatta?

Councilman Midgley, Mayor Larisa and Director Coutu discuss the fifteen inches of water we had in the City back in October and the flooding in the Cedarwood/Ferncrest Avenue area back in August.

D. COMMUNICATIONS

Tim Norton, 180 Bourne Avenue – Not present

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session 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.

There being no further business, on motion of Councilman Caine, seconded by Councilwoman Perry, the open meeting recesses at 11:10 p.m. and goes into executive session at 11:15 p.m. and adjourns at 11:30 p.m. The Open Meeting reconvenes and adjourns at 11:30 p.m.

Attest:

________________________________

Dana L. Toy

City Clerk

Approved: December 6, 2005