I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

      October 17, 2006 – Regular Meeting

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

C.  BOARD OF ASSESSMENT REVIEW

      Requested adjustments for hardships and residential Tax Board of Review

D.  LETTER OF RESIGNATION – 1) Tracy L. Oliver – Beautification Commission.  2) Douglas Anderson – Economic Development Commission. 3) Elizabeth Pegg – Economic Development Commission.

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

II.    APPOINTMENTS

Conservation Commission  (by Mayor Larisa)

Keith Gonsalves, 2 Ramsay Street (02915)

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

James Boyd, 15 Oriole Street (02916) (to fill the unexpired term of Scott Costello)

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

Historic Properties Designation and Study Commission 

Claudette C. Field, 1474 Pawtucket Avenue (02916) (reappointment by Councilman Caine)

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

Michael Charves, 43 Coyle Avenue (02916) (reappointment by Councilwoman Perry)

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

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1)  Renewal of Alcoholic Beverage License (Advertised 10/20/06 & 10/27/06)

B-Limited (Victualing)

Theomar Corp., d/b/a Theo’s Restaurant, 1175 Warren Avenue

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

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

2)  B-Full Privilege Victualer (Stock Transfer)

James McKivergan, Two Jerks Pub & Grill, Inc., 446 Waterman Avenue

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

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve subject to letter of objection being cleared.

*Letter of Objection to the transfer of the liquor license received from Attorney Paul J. Pisano on behalf of RI Distributing Company*

3)  Vict/Over 50 (Stock Transfer)

James McKivergan, Two Jerks Pub & Grill, Inc., 446 Waterman Avenue

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

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve subject to letter of objection being cleared.

4)  Pool Table (Stock Transfer)

James McKivergan, Two Jerks Pub & Grill, Inc., 446 Waterman Avenue

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

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve subject to letter of objection being cleared.

5)  Pool Table/Sunday (Stock Transfer)

James McKivergan, Two Jerks Pub & Grill, Inc., 446 Waterman Avenue

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

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve subject to letter of objection being cleared.

LICENSES NOT REQUIRING PUBLIC HEARING

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

From:  Thich Van Nguyen

To:  Johnny Vo, d/b/a Convenience Store #1, 665 North Broadway

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

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

From:  Thich Van Nguyen

To:  Johnny Vo, d/b/a Convenience Store #1, 665 North Broadway

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

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

Andy Lin, d/b/a Taste King Chinese Restaurant, 656 Bullocks Point Avenue

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

9)  Vict/Not Over 25 (Corp. Name Change Only)

From: De Oliveira, Valdeci & Silvana

To: Silvana De Oliveira, Ponto Um Market, Inc., d/b/a Ponto Um Market, 234 Warren Avenue

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

10)  Holiday Sales (Corp. Name Change Only)

From: De Oliveira, Valdeci & Silvana

To:  Silvana De Oliveira, Ponto Um Market, Inc., d/b/a Ponto Um Market, 234 Warren Avenue

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE  (Given First Passage October 17, 2006.  Advertised - Prov. Journal – October 20, 2006)

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 Nine Million Three Hundred Thousand ($79,300,000) Dollars nor less than Seventy-eight Million Two Hundred Thousand  ($78,200,000) 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, 2006 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, 2007 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 2007 and the 2nd day of July, 2007 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 2nd day of July, 2007, 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 2nd day of July, 2007 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2007 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 2nd day of July, 2007, the second installment of twenty-five per centum (25%) on or before the 3rd day of September, 2007, the third installment of twenty-five per centum (25%) on or before the 3rd day of December, 2007 and the fourth installment of twenty-five per centum (25%) on or before the 3rd day of March, 2008.

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 2nd day of July, 2007 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 3rd day of March, 2008 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. (Requested by: Director of Finance)

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

The following are sworn in by the City Solicitor and speak on the ordinance:

Louis Giratis, Jenks Street

Jack Fahey, Pawtucket Avenue

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

V.    NEW BUSINESS

A.     CITY MANAGER'S REPORT

Discussion of Blue Cross Contract Renewal

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

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

(By Mayor Larisa)

1)      Copay Now and 2

Mayor Larisa thanks the people for their support of the amendment to the City Charter.  Copay has been a big issue here over the last few years.  Police and Fire stepped up to the plate when the taxpayers needed it and paid a copay.  Not just this year, they did it retroactively and they didn’t have to.  This Charter amendment now gives the Council the right to approve any changes in school collective bargaining agreements.  How will this effect copay now?  That depends who is sitting on the Council.  If you have a Council that believes you can go in and open up a contract, then you can get copay before the contract expires.  We did that already with Police and Fire.  So it depends on the political will of the City Council. 

2)      The Harrah’s Effect

Mayor Larisa discusses the effect of the proposed casino coming into the State and registering over 30,000 voters and getting them to the polls on elections statewide and at local levels.  Anyone can register voters and voter turnout is a good thing, but when an out of state business comes in and spends $12 million dollars to try to buy the Constitution and fails, but that money instead has an indirect effect of buying elections, that is a big problem with our democracy and is just wrong. 

3)      The Wisdom of the EP City Charter

Mayor Larisa states the core of the City Charter is the following: without party designation.  That is how our elections are supposed to be run.  Back in the 40’s and 50’s, East Providence was overtaken by a political machine that ran all the elections and controlled the City.  It was not good government.  Some good people got together and said we need a City Charter to change that.  The integral part of that charter was no more insider control, no special interests.  There would be no party designation, vote for the person, not the party.  We just went through an election and any believer of good government who would look around what happened in the City and see that the special interests reversed the mantra.  Their view is to vote the party, not the person.  We had candidates go around with democrats on their political signs.  This is a throwback to the old days.  These are the same people that pushed for a strong Mayor form of government.  City government is not supposed to have partisan politics dominating its landscape.  We escaped corruption for many years because we did away with that.  This along with the Harrah’s effect is what is confronting the City now.  Many people contacted me since the election saying we have to do something about it.  I believe there is something we can do and will discuss that at the next meeting.

D.     COMMUNICATIONS

Charles Mello, Jr., 596 Willett Avenue.  Requesting a discussion on Open Meetings and the Council’s tardiness over the past several meetings.

Mr. Mello states we’re waiting on the results of the Attorney General’s investigation regarding whether or not the Open Meetings law was violated.  He discusses what open government means and the Council starting the regular meeting late on several occasions.  He was told what’s being discussed in executive session are of a claims and litigation nature, but this doesn’t excuse the Council being late starting the meetings. 

Mayor Larisa states every citizen has the right to participate in his or her government and this Council has never enforced any time limits on anyone wanting to speak at a meeting.  We don’t censor anyone.  We believe this is good government.  We could open the door before the Claims meeting and we say we’d like to go into executive session under the Open Meetings act to discuss claims or litigation and do a roll call vote and then shut the door.  By doing that, I don’t know what good government thing that accomplishes.  The next item is the lateness.  The City Solicitor has given a detailed memo to the Attorney General’s Office on this.  When Mr. Mello first came up, we told him what we were talking about; we couldn’t give details because it was litigation.  There were emergency decisions that needed to be made so we spent more time on it.  Do we rush out to start at 7:30 or do we stay to discuss it?  I defend what we did.  It’s not worth making a multi million-dollar mistake to rush out at 7:30.  The other thing is the sewer treatment plant.  We have a new nitrogen requirement by DEM.  To meet the standard and to perform other upgrades will cost $34 - $51 million dollars.  The DEM has started pressuring us to move on this to comply with the order to get to the standard.  We spent a lot a time discussing our options with respect to this.  That’s why there are litigation and claims exceptions so it can be strategized.  

Mr. Mello states you say it’s a technical problem, but I disagree.  It is the law.  That is why the State wrote the law.  If a meeting is scheduled at 7:30, that is when it should start.  You are the employees; we are your employers.  Perception, you can say you’re going into claims committee and we’re suppose to believe that?  How are we suppose to believe what you say when you don’t follow your own rules?  You should announce in public you’re going into executive session and why.  As least have the decency and respect to start on time like you’re supposed to.

Personal privilege is given to Councilman Midgley.  He states that tonight will be his last meeting.  I’d like to thank my wife Joan, my friends, and the people of Ward 4 who supported me in any way they could.  There’s an old saying if you’re afraid of getting shot down, stay out of the gallery.  That’s what a campaign is.  You’re out there and someone has to lose.  It was fulfilling and an honor for me to serve the people of Ward 4.  I hope when the new Council comes in that they look at all the positive things this Council has done and keep carrying on in the best traditions of the City Manager/Council form of government.  We looked hard for a competent City Manager and I hope they will get along great and move the City forward.  I offer them the best of luck to succeed.  One thing that was bittersweet, my opponent has an accusation placed against him with the federal government and someone made a statement that it came from my camp, it came from me.  If anyone knows anything about me, they know my word is my bond.  The day of the election, my opponent said he knew I had nothing to do with it, and he knows who did.  He didn’t know why they did it, but they did it.  That didn’t make the press.  I want to tell everyone here tonight that I had absolutely nothing to do with my opponent’s problem with the federal government and election board.  And I don’t know who did.  I find this Council to be the one of the most honorable Council I’ve served with.   We’ve been open and forthright to all people on all issues.  There are things discussed in the back that are reported out here afterwards.  You have the right to know what is going on in the City.  I again would like to thank the people of Ward 4 and the people that supported me and the people on this Council.

Councilman Caine states it has been an honor serving with you.  You are a man of your word and you are straightforward.  You’ve supported some great legislation and ordinances.  Just want to say thanks and it was a pleasure serving with you.

Mayor Larisa states he’s had the pleasure of serving with Peter for six years.  He is one of the most open and honest members I’ve ever served with.  He did an excellent job serving the people of Ward 4 and thank him.

There being no further business, on motion of Councilman Midgley, seconded by Councilman Caine, the meeting adjourns at 9:05 p.m.

Attest:

_________________________________

Dana L. Toy

City Clerk

Approved: November 21, 2006