I.     CONSENT CALENDAR

A.     APPROVAL OF COUNCIL JOURNALS

April 4, 2006 – Closed Meeting – Collective Bargaining and Job Performance

April 4, 2006 – Regular Meeting

April 18, 2006 – Closed Meeting – Collective Bargaining

April 18, 2006 – Regular Meeting

B.     CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

C.     RESOLUTION - Town of Charlestown Resolution in support of Senate Bill S2049, Elimination of MTBE as a gasoline additive.

D.    RESOLUTION - Town of Westerly Resolution in support of Senate Bill S2049, Elimination of MTBE as a gasoline additive.

E.     RESOLUTION  - in support of urging passage of the HousingWorks RI Legislative Platform by the RI General Assembly

F.      LETTER - Joint Notice Coastal Resources Management Council and RIDEM– CRMC File No. 2006-04-004 and RIDEM File No. DP-06-61.  Application of US Army Corps of Engineers State of RI Assent.  Project will perform maintenance dredging of approximately 60,000 CY of material from the Federal Channel and Anchorages in Bullocks Cove.  The material will be disposed of in the CAD cells in the Providence River.

G.    LETTER - List of names from the East Providence Democratic City Committee for consideration for appointment to the Canvassing Authority.

H.    LETTER - List of names from the East Providence Republican City Committee for consideration for appointment to the Canvassing Authority.

I.       ALCOHOLIC BEVERAGE CLASS F-1  - May 6, 2006 - St. Francis Xavier, 81 North Carpenter Street

J.      ALCOHOLIC BEVERAGE CLASS F - May 25, 2006 – Hattie Ide Chaffee Home, 200 Wampanoag Trail

Unanimous Consent given to Councilwoman Perry to add Class F Alcoholic Beverage License for May 13, 2006 for St. Martha’s Church.

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to add this to the Consent Calendar.

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar minus the closed minutes of the April 4, 2006 and April 18, 2006 Closed Meetings. 

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the minutes of the closed meetings of April 4^th and 18^th and keep them closed. 

II.    APPOINTMENTS

1)  Planning Board  (by Councilman Midgley)

Bruce DiTraglia, 120 Smith Street  (02915)

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

Mayor Larisa asks the City Clerk to send a letter to Mr. Sullivan on behalf of the Council thanking him for his service on the Planning Board.

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1) B-Full Privilege Victualer

2)  Vict/Over 50 

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

Ruelas, Inc., d/b/a Margaritas, 230 Newport Avenue

*Letter of Objection received from R. Kevin Horan on behalf of The Children’s Place*

Mr. Conley states that the Dept. of Education is reviewing this and asks that it be continued until the next meeting.

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

3)  Secondhand/Misc.  Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer and Fire Marshall.

Martha Ann Smith, d/b/a/ Martha’s Finds, 287 Bullocks Point Avenue

Martha A. Smith, 236 Beacon Park Drive, 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 Councilwoman Perry, it is unanimously voted to approve.

LICENSES NOT REQUIRING PUBLIC HEARING

4) Vict/Not Over 25 Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Khalid Khan, East Bay Convenience, Inc., d/b/a East Bay Food Mart, 244 Taunton Avenue

Khalid Khan, 325 Fairview Avenue, Rehobeth, MA is present and sworn in by the City Solicitor.

On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve.

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

From: Henry Mota, Ivelys, LLC d/b/a Crescent Market Place

To: Olivia Rego, HBR, Inc., d/b/a Crescent Market Place, 745 Bullocks Point Avenue

Olivia Rego, 6 Church Cove Road, Bristol, RI is present and sworn in by the City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

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

From: Henry Mota, Ivelys, LLC d/b/a Crescent Market Place

To: Olivia Rego, HBR, Inc., d/b/a Crescent Market Place, 745 Bullocks Point Avenue

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

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

The Gordon School, 45 Maxfield Avenue

Lisa Scorpio, Forbes Street, is present and sworn in by the City Solicitor.  The date of the event is May 13^th  from 10am-3pm.

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

             LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given first passage April 18, 2006. Advertised-Prov. Journal – April 21, 2006).

1)      The following is an ordinance amendment regarding Sunday and Holiday Sales

SECTION I.  Sec. 8-31 entitled “Sunday sales and holiday sales” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

            Sec. 8-31.  Sunday sales and holiday sales.

(1)  Sunday sales.  No retail establishment possessing a class A license shall sell alcoholic beverages prior to twelve noon (12:00 p.m.) on Sundays or on Christmas Day, if Christmas shall occur on a Sunday.

(2)  Holiday sales.  No person or retail establishment shall engage in sale on a holiday unless said person or establishment has received approval by the city council and has obtained a license from the city clerk.  No license shall be issued on December 25 of any year or on Thanksgiving Day except to those retail establishments provided for under Rhode Island law.

(3)  The fee for each holiday license shall be one hundred ($100.00) dollars paid to the city clerk upon obtaining the license. (Requested by: Law Dept.)

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

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for Final Passage.

V.    NEW BUSINESS

  A.      CITY MANAGER’S REPORT

GeoNova Presentation

Ms. Boyle states this is one of the largest developments in the history of the City.  About three years ago, we entered into a development agreement with GeoNova and they have demolished the vacant steel mill and are working to remediate contamination at the site.  We received a $2 million dollar grant from the Dept. of Housing and Urban Development and combined that with a low interest section 108 HUD loan.  The GeoNova team will give a brief presentation to the Council.  Tonight isn’t a public hearing, just an opportunity for the Council and the public to get an update on where we stand.  Plans will soon be submitted to the Waterfront Commission for their full review.  Those plans will also include traffic studies and fiscal impact analysis of what this development will entail.  There will be a number of public hearings and workshops as we go forward with this project.   

Status of the Turner Reservoir Raised Walkway

Ms. Boyle states in 2004, the City was awarded a grant from the Dept. of Environmental Management and the Champlin Foundation for the construction of a raised walkway.  We’ve been working with the State and the Rotary to try to build a pathway that encompasses the entire Turner Reservoir.  This raised walkway would represent the last link to make the continuous loop all around the reservoir.  George Gifford from the Gifford Design Group gives a brief presentation to the Council on the status of the project.

Collective Bargaining Negotiations

On motion of Councilman Caine, seconded by Councilwoman Perry, 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. 

  B.      REPORTS OF OTHER CITY OFFICIALS

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

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

  C.      COUNCIL MEMBERS

1)  “Safe Streets Summer Program” (by Mayor Larisa)

Mayor Larisa states this program has been around since 1998 and has been supported by every Council.  Receive complaints about speeding on side streets and concerns for the children’s safety once school ends.  The Police would set up stops throughout the City on highly traveled areas.  Have had large success slowing the traffic down during the summer months when the children are out of school.  The cost is more than offset by the revenue received from the traffic ticket fines, but the goal is to slow down the speeders.  Ask that the City Manger meet with the Police Chief to come up with a proposal for passage at the next meeting.

2)  "School Department Funding and Budget - Fighting for Change"  (by Mayor Larisa)

Mayor Larisa states we will continue to discuss fiscal prudence, balancing the budget, taxpayers of the City, school department contracts and spending and how we can get the most for our tax dollars.  We can’t afford as a City 6-9% annual increases in taxes.  This cannot continue to happen.  The Council voted to spend $720,000 of City money to bail out the School Department this year.  We’ll be getting reports on additional cuts to see where the money will come from for this, but this will mean that the School Department budget was increased over 8% this year.  The local government has over-funded the School Department.  The Federal and State government has under-funded the School Department.  The State is supposed to pay 60% of all education costs.  The Federal government has all kinds of mandates with no child left behind.  So who is left holding the bag, the taxpayer is and we need to start putting the taxpayer first.  We can’t just increase taxes because we’re out of money.  We have to fight the bad contract and fight the State and the Federal government.  There hasn’t been a big push to do that, but we’re seeing things start to happen with the taxpayers saying no. 

We have a school contract with no co-pay and prescription drugs that are far below what Police and Fire pay and it cannot stay like this.  We need to go after the contract now.  Councilman Caine was the one who brought up the buyback issue and with Bill Fazioli and the professionals, and they found the healthcare savings.  We all agree that there are issues at the State level that need to be addressed, such as special education class size.  If Chairman Gouveia, the Mayor and the Council need to go to Governor Carcieri to ask the Board of Education to fix this, then that is what we need to do.  The School Committee has a case where they went after out of City students using our public schools and they won in the lower court.  The child lived in Providence.  They even won getting the money back.  And this money would go back to the City budget.  They fought this for over three years.  Then the Supreme Court said that the School Committee cannot get the money, only the City can bring a case to go after them.  I would like to get unanimous consent from the Council to immediately authorize the City Solicitor to say that the City joins the School Committee and wishes to pursue this money and collect it from parents of children that do not live here and authorize the City Solicitor to come back at the next meeting to present a procedure or resolution.  We’re on the same team here and fighting for change to protect the taxpayers.  We all need to work together, but the taxpayer must come first. 

Mayor Larisa asks for unanimous consent from the Council for the City to join with the School Committee and authorize the suit of East Providence School Committee vs. Charles Smith, no. 2005-137 appeal to be brought in the name of the City and authorize the City Solicitor to effectuate the intent of such a motion in the pending case. 

Motion made by Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously vote to approve.

Councilman Caine states that the Superintendent last year along with the consent from the School Committee went and testified for legislature.  They’ve testified about special education costs, special education class size, and transportation issues.  They been trying to work on these issues, but we need to get our Senators and Representatives to help.  They can effectuate change from a budgetary prospective.  We’ve joined the School with the Memorandum of Understanding and we commend them for this.  There are multiple issues with the contract, but from the School’s prospective, there are good things they are trying to do but are getting stonewalled by these mandates.  We all need to work together and get to more long-term thinking. 

3)  “Recreation Field Parking and Neighborhood Consideration” (by Councilman Midgley)

Councilman Midgley states that it’s the time of year when recreation fields have intensive use by the different leagues and users.  With that is an increase in parking and traffic on neighborhood streets.  The rescue vehicles and fire trucks sometimes can’t get down the street and that isn’t acceptable.  I would like to get the word out to these organizations that parking is a concern from a safety point and we need to send out a flyer saying that there are ordinances and while using the fields, it doesn’t exclude you from them.  And they need to be enforced.  Rescue vehicles need to get through and it is very important for everyone to obey the rules. 

City Manager Boyle states she’s already discussed this with the Police Chief and he will have Community Policing speak to the leagues and has mentioned it to the Recreation Director as well.  Are already taking steps to fix this problem.

4)   “Requesting Report on City’s Preparedness Plans for Pandemic Outbreaks”  (by Councilman Midgley)

Councilman Midgley states it is frightening to look at the overall projections for the bird flu.  Concerned on how it will affect the City as far as its work force.  It could represent a serious threat for the City.  Asked for the City Manager to work with the various departments on how we can plan for this and have a backup workforce if this happens.  Ms. Boyle has told me that the Fire Chief and Personnel Director have had various meetings with the State to cope with this issues.  It is something we need to give some serious thought to.

5)  “Crown Avenue Traffic Concerns” (by Councilwoman Perry)

Councilwoman Perry states that we’ve previously discussed this topic before.  Crown Avenue is one of three streets on Pawtucket Avenue towards the Parkway that people use as a cut through and there is a lot of concern from the neighbors with speeding.   No through traffic signs are there, but it is very difficult to keep people from doing that.  Would like to ask the City Manager get a report from the Police Department and Public Works Director and to bring it before the Council so we can come up with some alternatives.  This could probably go under the safe summer program, but I’d like the neighbors to address their concerns about this.

Dan Pacheco, 125 Crown Avenue, is sworn in by the City Solicitor.  He states that it’s been a concern for many years now.  Thinks that maybe reducing the speed limit could help.  There are many young children in the area.  People are cutting through and going 30, 40 or 50 mph.  Another thing would be the use of speed bumps.  Have been told in the past that this isn’t something the City does, but it is used in many municipalities and could be effective. 

Councilman Caine has had some residents in his ward ask about speed bumps and states that claims to the City would dramatically increase by putting speed bumps in.  Should try other methods before we get to that.

Mr. Pacheco says reducing the speed on the street could also help. 

Mayor Larisa gives Mr. Pacheco a copy of the reports and the study done on Crown Avenue.  It shows almost no speeding on Crown Avenue and wants him to look at this and show it to the neighbors.

Mr. Pacheco said some extra attention was given and a Police cruiser was there on a Friday morning and stopping certain people as they came down.  A portable radar device was also put on the road.  Believe it was put in Friday and removed on Tuesday.  It would be better if it was put there on a Monday and removed on Saturday, you could get some of the problems we’re dealing with on a daily basis, which is workers leaving certain hours of the day, between 4-6pm and 7-9am.

6)  “Discussion & Vote Regarding Johnston Solicitor Ruling and School Committee Counsel”  (by Councilman Caine) 

Without objection, a motion is made to defer until the next meeting.

   D.     RESOLUTIONS

A resolution requesting legislation authorizing the Animal Control Officer or any Police Officer employed by the City of East Providence to issue citations for the violation of any dog ordinance and prescribing pecuniary penalties for such violations

WHEREAS, the City of East Providence has delegated supervisory authority over the Animal Shelter to the Department of Public Works; and

            WHEREAS, the Animal Shelter is no longer under the authority of the Police Department; and

WHEREAS, the City of East Providence deems it expedient to exceed the pecuniary penalties of ten dollars ($10.00) for the first offense, fifteen dollars ($15.00) for the second offense within a year, and twenty-five dollars ($25.00) for the third and any subsequent offense within a year regarding any ordinances concerning dogs as prescribed in Rhode Island General Laws §4-13-1; and

WHEREAS, the City of East Providence deems it expedient to exceed the impoundment fees of an initial sum of fifteen dollars ($15.00) per day with an additional two dollars ($2.00) for each additional day the animal is impounded as prescribed in R.I.G.L. §4-13-15.

NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council respectfully requests that the Rhode Island General Assembly enact legislation allowing the City Council to enact an ordinance permitting the animal control officer or any police officer in that city to issue citations to persons in violation of any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as follows: 

(1) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar year;

(2) A fine of not more than sixty dollars ($60.00) for the second offense within a calendar year;

(3) A fine of not more than one hundred twenty dollars ($120.00) for the third offense within a calendar year;

(4) A fine of not more than three hundred dollars ($300.00) for the fourth offense and any subsequent offense within a calendar year.

NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council respectfully requests that the Rhode Island General Assembly enact legislation allowing the City Council to enact an ordinance imposing an initial impoundment fee of up to twenty dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment.

NOW, THEREFORE, BE IT RESOLVED, that the Senators and Representatives in the General Assembly from the City of East Providence, request, introduce, and seek passage of legislation as outlined above.

BE IT FURTHER RESOLVED, that the City Clerk of the City of East Providence send a copy of this Resolution to the Governor, Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives, and each Senator and Representative from the City of East Providence. (Requested by: Law Dept.)

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to dispense with the reading of the resolution.

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