I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

September 5, 2006 - Closed Meeting Re: Collective Bargaining

October 3, 2006 - Regular Meeting

B.     MEMO – Dept. of Homeland Security, Transportation Security Administration – Memorandum of Understanding.

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar minus the minutes of the October 3^rd Closed Meeting. 

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Closed Minutes from the October 3^rd Closed Meeting and keep it closed. 

II.   APPOINTMENTS

Traffic Control (by Councilman Midgley)

Bert S. Rodrigues, 34 Scott Drive (02915)

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

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

Renewal of Alcoholic Beverage Licenses  Subject to approvals from the Health Inspector, Div. of Taxation, and City of East Providence.  Advertised 9/29/06 & 10/6/06)

CLASS A (RETAILERS)

Barrington Liquors, Inc., 618 Warren Avenue

Clift’s Liquors, Inc., 191 Willett Avenue

Douglas Wine & Spirits-East Providence, Inc., 1935 Wampanoag Trail

Maia Brothers Liquor Mart, Inc., 208 Warren Avenue

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

McGreens Fine Wine & Spirits, Inc., 1086 Willett 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

Beef Hearth, Inc., dba Chelo’s, 45 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

D L Enterprises, Inc., dba East Bay Tavern, 305 Lyon Avenue

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

East Providence Yacht Club, Inc., 9 Pier Road

El Azteca Mexican Restaurant, Inc., dba El Azteca Mexican Restaurant, 335 Newport Avenue

Felshy, Inc., dba  Cattails City Grille, 315 Waterman Avenue

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

Sax’s Steak & Pizza, LLC, dba Sax’s Steak & Pizza, 525 North Broadway

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

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

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

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)

Quattrucci, Carl & Arthur 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

Teofilo Braga Club, 26 Teofilo 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

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

Bowling Academy, Inc., 354 Taunton Avenue

Casa Brasil, LLC, dba Casa Brasil, 543-545 North Broadway

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

Dedeyan, Mkrtich, dba Minerva Pizza House, 1022 South Broadway

East Providence House of Pizza, LLC, 187 Willett Avenue

E B Dragon, LLC, dba East Buffet Restaurant, 52 Narragansett Park Drive

Farnsworth Café, LLC, dba Farnsworth Café, 302 Willett Avenue

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

Jin Hua Chinese Restaurant, Inc., dba New Buffet Restaurant, 1925 Pawtucket Avenue

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 Midgley, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve, subject to existing stipulations and the approvals from the Health Inspector, Div. of Taxation, and City of East Providence.

LICENSES NOT REQUIRING PUBLIC HEARING

1)  Carnival  Subject to approvals from the Chief of Police, Building Inspector, Electrical Inspector, State Health Inspector, Fire Marshall and State Bldg. Code Commission.
St. Martha’s Church, 2595 Pawtucket Avenue

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

2)  Vict/Not Over 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, State Health Inspector, and Fire Marshall.
From: Maher & Bachar Tanbakji, d/b/a Payless Food Mart

To: Manpreet Singh, d/b/a Payless Food Mart, 327 Warren Avenue

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

3)  Holiday Sales (Transfer) Subject to approvals from the Chief of Police, Building Inspector, State Health Inspector, and Fire Marshall.
From: Maher & Bachar Tanbakji, d/b/a Payless Food Mart

To: Manpreet Singh, d/b/a Payless Food Mart, 327 Warren Avenue

On motion of Councilman Silva, 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 

1) The following is an ordinance appropriating $138,230,274 for the support of the City Government for the fiscal year ending October 31, 2007.  (Advertised Providence Journal – September 20, 2006)

SECTION I.  The receipts for the fiscal year ending October 31, 2007 have been established to amount to $138,230,274 made up as follows:

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2006 and ending October 31, 2007, the sum of money, or so much thereof as are authorized by law indicated in the accompanying schedule, are hereby appropriated for the objects and purposes, and in the amounts expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.

SECTION III.  All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.

SECTION IV.  The payment to the School Fund of the following estimated receipts, included in the appropriation of $71,087,057 for the support of the public schools for the City of East Providence fiscal year 2006-2007, shall be increased or decreased to conform with the actual amounts received from such sources during the fiscal year 2006-2007 except the City appropriation of property tax.

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2006-2007 which begins November 1, 2006 and ends October 31, 2007 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the City Council; all in accordance with the provisions of said Article.

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

Shawn Cook, Pawtucket Avenue

Donna Tavares, Russell Avenue

Joseph Martin, Charlotte Street

John Conley, Smith Street

Melissa Carvalho, Borden Street

Jack Fahey, Pawtucket Avenue

Steve Tavares, Russell Avenue

Anna ?, Narragansett Avenue

Harry?, Grosvenor Avenue

Elizabeth?, Center Street

Tom Riley, Pawtucket Avenue

Charles Mello, Jr., Willett Avenue

Don Rogers, Sutcliffe Circle

Antone Gouveia, Jr., Bullocks Point 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

Report on presentation at Smith’s Research

Mr. Brown discusses this presentation, which focused on East Providence’s waterfront and general development, a forecast of our financial picture, and issues we’ll be dealing with from a financial and management perspective.  The reason we were selected is we are perceived to be an up and coming community.  Am hopeful the remarks will trigger a review that may increase our bond rating in the near future.

Unanimous consent is given to change the order of business to move up the item under Communications.  Motion made by Councilman Midgley, seconded by Councilman Caine.

Communications:

Fire Department – Requesting permission to close off Greenwood Avenue from North Broadway to approximately 50 feet West to the driveway of Rumford Towers for a 5K road race on Sunday, October 29, 2006 from 9am-2pm.

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

Motion to return to the regular order of business made by Councilman Midgley, seconded by Councilman Caine.

B.  REPORTS OF OTHER CITY OFFICIALS

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

City of East Providence vs. RI Interlocal Risk Mgmt. Trust CA No. 05-1044:              

Received as information and City Council approved appeal to Supreme Court, if necessary.

City of East Providence vs. Pond View Recycling, Inc. CA No. 05-3466 :                   

Received as information                       

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

C.  COUNCIL MEMBERS

(By Mayor Larisa)

1)  Support the Charter Amendment

Mayor Larisa speaks about the Charter Amendment on the November 7^th ballot, which would give the City Council ratification authority not only over City contracts, but also over school contracts.  If this Charter Amendment passes, the next City Council will be able to ratify or reject that contract.  The City Council is responsible for setting the tax rate so we should have the authority over the school’s contract. 

2)  Vote Yes to $5 million for Roads and Sidewalks.

Mayor Larisa discusses the survey done last year on City services.  The lowest mark was on maintenance of roads and sidewalks.  This bond issue would cover the streets and sidewalks in the City each year on a priority basis.  The culvert near Bullocks Point Avenue would be part of this as well as the Southeast Drainage area problem. 

3)  Vote for your candidates on November 7^th!

Mayor Larisa discusses voting for your local council members.  Democracy is well served this election.  We all have opponents this time.  Study the issues and please get out to vote on the 7^th. 

4)  Support for ordinance regarding historic area zoning

Mayor Larisa states this is deferred to the next meeting.  Dave Kelleher and the historic preservationists in the City have come up with an ordinance to protect historic property and historic districts in the City. 

(By Councilman Midgley and Mayor Larisa)

South East Drainage Area Update – MEETING - October 26, 2006 at 6:30 pm at Riverside Library

Councilman Midgley discusses the problem a year ago flooding parts of Riverside.  We had one meeting on this and now have another scheduled for October 26^th at Riverside Library at 6:30 pm to explain what’s been done and what has happened.

(By Councilman Caine)

Discussion of School Department’s Legal Representation with vote

Councilman Caine discusses other cities and towns having representation for their school committee and department through an assistant city solicitor, they don’t hire their own council; it’s handled through the legal department for the city or town.  Discusses the Santilli case in Johnston.  Bill Conley should have an assistant solicitor who represents the schools.  We could save money by consolidating this service. 

Mayor Larisa states we could consolidate this service now and maybe save the school two additional janitors or books or art supplies. 

Councilwoman Perry states we’ve been talking about consolidating services for years and we need to find places to save money.  I would support this.

Councilman Silva states he opposes it right now without the correct figures in front of us.  How much will it cost to hire another assistant city solicitor, what would the benefit package be, what would another secretary cost, etc.  I’d like to see it on paper first before I make a decision on it.

Councilman Caine states his intent was to try to consolidate things to work better together and save money in the long run.  We’re not deciding it tonight. 

Mr. Conley states he’s not that far along in the process and would like to discuss this first before we get ahead of ourselves.

Mr. Caine states his purpose was to make a motion that the Solicitor meets with the School Committee Chairman and Superintendent to discuss this to see how it could be structured and if it makes sense to do.

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously requested that the City Solicitor sit down with the School Committee Chairman and Superintendent to do a fiscal impact statement to see if this makes sense to do.

D.  RESOLUTIONS

1)  The following is a resolution relating to the issuance of $460,000 notes for the purpose of financing emergency repairs to Orlo School and Waddington School, the appropriation of such funds to the repairs, and authorizing the Director of Finance and the Mayor to determine certain other matters relating thereto

WHEREAS, it was discovered that the roofs of two schools, the Orlo School and the Waddington School, had been damaged and emergency repairs were required; and

WHEREAS, the cost of such repairs amounted to $525,000; and

WHEREAS, moneys were not appropriated nor budgeted for such repairs; and

WHEREAS, pursuant to Sections 4-19 and 4-20 of the Charter, as ratified by Chapter 80 of the Public Laws of 1959 of Rhode Island upon the recommendation of the City Manager and the concurrence of 4/5 of the City Council, an emergency appropriation may be made and in the absence of budgeted funds, emergency notes may be issued to fund the emergency appropriation; and

WHEREAS, the Rhode Island Health and Educational Building Corporation (“RIHEBC”) has the authority to finance municipal school projects pursuant to Chapter 38.1 of Title 45 of the Rhode Island General Laws; and

WHEREAS, RIHEBC has established a direct loan program pursuant to which the City issued its emergency notes in exchange for a loan of $525,000 in October, 2005; and

WHEREAS, the funds are not available in the budget to repay the 2005 emergency loan and a new emergency loan of $460,000 is needed to finance the repairs.

NOW THEREFORE, the Council of the City of East Providence hereby resolves:

Pursuant to Section 4.19 of the City Charter, $460,000 is hereby appropriated for the cost of emergency repairs to the Orlo School and the Waddington School.

It is hereby found and determined that it is in the best interest of the City to take advantage of the direct loan available from RIHEBC.

Pursuant to Section 4.20 of the City Charter, Notes in an amount not to exceed $460,000 shall be sold to the Rhode Island Health and Educational Building Corporation.  The Director of Finance and the Mayor be, and they hereby are, authorized to negotiate the terms of said Notes including the denominations, maturities, interest rates and other terms and conditions of any such Notes as they in their discretion deem necessary or desirable to implement the foregoing. (Requested by: Director of Finance)

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

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