I.    CONSENT CALENDAR

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

A.  APPROVAL OF COUNCIL JOURNALS

April 3, 2007 – Regular Meeting

April 5, 2007 – Congressional Meeting

B.  Cease and Desist Order located at Plat 108, 01, Lot 018

C.  Cease and Desist Order located at Map 313, 7, Lot 2, 55                   

II.    APPOINTMENTS

1.   Assistant Harbormaster (by Councilman DiTraglia)

Michael J. Damiani, 887 Willett Avenue (02915)

Mayor Ramos stated this appointment will be with the requirements set forth by City Manager.

Councilman Cusack asked if it would include a vigorous physical examination.  Mr. Damiani is on disability from the City and some people may think it’s improper or he might not be able to physically serve.

Mr. Brown stated that is a requirement.

Councilwoman Perry stated she knows Mr. Damiani has a permit to carry a gun.  I want to make sure there is no weapon carried while employed by the City.

Mr. Brown stated he had that discussion with the Harbormaster.  Our insurance and the Trust do not include weapons.  This is not a law enforcement position.  There will not be weapons allowed on our vessels.

On motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve with the City Manager requirements.

2.   Carousel Park Commission (by Councilman Silva)

Stephen A. Furtado, 17 Mason Street (02914)

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

LICENSES REQUIRING PUBLIC HEARING

1.   Class A Retail (transfer) (Subject to approvals from the Chief of Police, Building Inspector, State Division of Taxation, and Fire Marshall)

(Letter of Objection to the transfer of the liquor license received from Attorney Paul J. Pisano on behalf of Johnson Bros.  $3,769.53)

From:  Maia Brothers Liquor Mart, Inc., 208 Warren Avenue (02914)

To:  Warren Avenue Liquor Market, Inc., 208 Warren Avenue (02914)

Letter was received to release the objection that was filed from Attorney Paul J. Pisano on behalf of Johnson Bros.  $3,769.53.

Attorney Charles Hamley represents Maia Brothers. 

Derek Dewar, 107 Beacon Avenue, Providence (02903) was sworn in by the City Solicitor.

Councilwoman Perry asked if Mr. Dewar have you ever operated a liquor store?

Mr. Dewar stated no.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

VII.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage April 3, 2007.  Advertised – Prov. Journal –April 6, 2007.)

The following is an ordinance pertaining to no parking for Summit Street (West side) from its south terminus north for 605 feet.

                       AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

                    REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                                 RHODE ISLAND, 1998, AS AMENDED, ENTITLED

                                                    “VEHICLES AND TRAFFIC”

           THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

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 to read as follows:

SUMMIT STREET (west side) from its south terminus north for 690 605 feet

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:  Director of Public Works)

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

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

The following is an ordinance pertaining to the stop sign for Haliburton Road (eastbound and westbound traffic) at Jay Street.

                       AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

                    REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                                 RHODE ISLAND, 1998, AS AMENDED, ENTITLED

                                                    “VEHICLES AND TRAFFIC”

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” Is amended by adding thereto the following:

HALIBURTON ROAD (eastbound and westbound traffic) at Jay Street

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Director of Public Works)

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

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

VIII.  CONTINUED BUSINESS

IX.   NEW BUSINESS

A.   REPORTS OF OTHER CITY OFFICIALS

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

Claims, Litigation & Bargaining Report of April 17, 2007

Collective Bargaining Negotiations:  The City Council sent the following letter to the School Committee:

The City Council supports the School Committee’s efforts to renegotiate the existing contracts with the School Department’s unions to assist the City in meeting the financial challenges faced by the School Department.  The City Council encourages the School Committee to do everything it can to address costly benefits, including, but not limited to the health insurance provisions of the contract.  The City Council has confidence that the School Committee can achieve that goal and looks forward to working with the School Committee in doing so.

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

B.      COUNCIL BUSINESS

1.   “School Deficit Solutions” (by Councilman Cusack)

Councilman Cusack stated there has been much controversy this week regarding the closing of schools.  The great pain so many families have endured during this time.  The uncertainties about what school their children will be going to next year.  We heard from the students themselves. We had a joint meeting with the School Committee and a presentation by the Superintendent with projections of a budget shortfall of $2.9 million. There were salary increases of $2.8 million (6.4%).   Why a 6.4% increase?   It’s composed of raises and steps.  Two-thirds of the teachers are at the maximum step (step ten).  This was an extension on the contract.  It’s 9^th highest in state among the 36 school districts.  This year there was a 3.9% increase over the previous year.  Next year they are predicting a 6.4% increase.  How much of the 6.4% increase is because we are defining our level of compensation at the tenth step?   Those teachers are close to $70,000 not at 3.9% raise but a raise higher than that.  Compare a 3.9% increase to taxpayers in the City and its much higher, never mind what there projecting.  We need solutions. We need true contract reform.  Another solution is to get accurate numbers in this report.  There is an estimated increase of City support to 3.5%.  That’s about a $1.5 million increase over last year.  That’s just taking last years number and increasing it by 3.5%.    One house is built and the base expands can go up 3.5%.  In history we’ve increased the school support by 4.5% - 5% and more and it’s likely to happen again; $500,000.  Another thing the school department can do is change the third party administrator; $400,000 - $500,000 difference. There’s a million dollars.   Another thing is buyback negotiation, which would be a $1.5 million dollars.  Annually it would be over $600,000.  Now we’re up to $1.5 million annually.  We could ask the leadership of the Teacher’s Union to share the healthcare costs, similar to Police & Fire.  It would produce a savings of $500,000 a year, and if they pay a percentage of the prescription costs like the Police and Fire do, that would produce another $500,000 a year.  So now we’re at $2.5 million a year.  The last two items would have to be agreed on to by the Union.  Most people would consider that to be fair. The reason the Charter amendment passed by 70% was because they wanted fairness.   These could be saved now.  We haven’t talked about consolidation in the department because that is being pursued and I hope those efforts produce significant savings too.  I feel the numbers in this report are not credible.  We need money.  We seem to go to the children first.  We should go to the children last.

Councilwoman Perry asked and received unanimously consent to speak on Sabin Point Park.

Councilwoman Perry thanked the people who came out Saturday.  There were about ten.  We collected a lot of trash.  Hopefully we’ll do it again and get twice as many people.

C.   COMMUNICATIONS

1.   Joseph C. Carter, 35 Oak Avenue (02915) was sworn in by the City Solicitor. 

Mr. Carter stated the first half of the meeting is a private meeting.  This is called a public meeting and I think we should be able to talk.  For example, this time we could speak on the stop sign and no parking, but the last meeting I couldn’t.

Mayor Ramos explained the Docket.

Councilman Silva stated the reason you couldn’t speak at the last meeting regarding those items was because in was in the Introduction of Ordinances which is the first passage which is announcing what we plan to do.  You can then go home and digest it and research it.  Then the second time it comes before the Council it is in the Public Hearings Section and you can make a comment before we vote.

Mr. Carter asked if that would influence his vote.

Councilman Silva said yes.

Mr. Carter stated another issue is people work and there is not adequate time to sign up to speak on the Docket.  You don’t publish what’s on the Docket for an adequate time to sign up to speak.  Where in the City Charter does it say the meetings have to be run like that?

Mr. Conley stated you have two weeks to get on the Docket for the next meeting.  The Docket is published in a timely manner according to the open meeting law.  

Mr. Carter signs up on Thursday but you put something on its private.

Mr. Conley stated that’s not quite accurate.  It’s not private.  We have about a dozen people on the Docket tonight.  Those matters that are placed on the Docket as Public Hearings  are done that way because state law or city charter sets the rules for what is subject for Public Hearings in terms of the specific process of freedom of speech on the first amendment.  There has to be a reasonable time, place and manner of regulations. We give two weeks to sign up and than we have to conform from local governments.  The method the Council has adapted over time.

Mr. Carter asked how you make it public notice. 

Mr. Conley stated it depends on the content.  For example, zoning requires newspaper notification over some weeks but also notification for abutters.  Most notice is required by open meeting laws.  First the entire year is posted so you know when the meetings are.  If there is going to be a special meeting, its posted 48 hours prior.   If anyone speaks on a topic tonight and you want to continue it at the next meeting, you can sign up and speak on it.

Councilwoman Perry stated we publish the Docket at the libraries, fire stations, police department, and on our website, and the Secretary of State’s.

2.   Doreen E. Carter, 124 Bluff Street (02915)  Requesting to address the Council regarding Cancer Control Task Force, Discuss 501C3, ask for home or office storage for small area and some minor materials. The Council Blessing for the second annual Norman Miranda & Zachery Dauphinee Walk.  Display kids Cancer art from last year in hall display case before end of school year.

Doreen E. Carter is not present.

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to defer to the next meeting.

3.   Robert Rodericks, 99 Howland Avenue (02914) was sworn in by the City Solicitor. 

Mr. Rodericks asked the City Officials who put together ballot items for election time or bond issues or special election items to please take care to make sure we have some truth, honesty and sincerity in these bond issues. Bond issues are made with misleading tactics.  So much discussion on Co-pay Now, Contracts, Council taking over contracts from School Committee.  The vote in the November election gave the City Council final say over the School Committee contract.  Nowhere on the ballet did it say Co-pay.   There were signs all over the community Co-pay Now and everyone thought by voting for that there would be some kind of Co-pay.  I think it would be a good idea for the Council to get involved with the contract.  However, I think it should be from day one.  How can a body have final say over the contract that has nothing to do with the bargaining just say yes or no?  I can’t question voter intent of course not, who questioned my voter intent when I voted twice as did about 70% of the community to build a recreation center for young and old alike?   Who questioned our voter intent?  What happened to a twice approved bond for recreation center?  You can put anything on the ballot.  I never heard of a bond issue not getting done.

Councilman Cusack asked may I rebuff what we just heard from an employee of the school department.  Truth and honesty that’s in short supply in some of the department.   I can’t believe what I just heard, not only  do they not want City Council Ratification of the contracts, no it’s a lot easier having control of whose elected on the School Committee. You’re arguing for spending more and more.  Thank goodness we have somebody accountable to the public with the respect of our tax dollars to determine if we have a recreation center.  We’re talking about closing schools.  I question Mr. Rodericks if he ever wanted Co-pay.  Would he want the City Council to ratify the contract?

Mr. Rodericks responded he was sorry that he upset Councilman Cusack.   I’m not in disagreement with you on a lot of what you have to say.  I like what you’ve done since you’ve been on the Council.  I do a lot of things for the City and I have written a long time ago we should Co-pay and I mentioned to you tonight, I have been and I do.  I do resent you referring to me tonight as a school department employee.  It has nothing to do with why I’m here.  I am representing myself, Bob Rodericks, the Rodericks family, what I have done in this City, a life long resident.  When I drive by the local field that bears the name of my Dad and all the things he did for this City.  When I speak up they say the school department’s here.  I’m in my shoes.  These are my public opinions.  Am I to stay home and live under a rock and not speak because my livelihood is a non union school department employee.  I’d like to work with you on this. I’ve had different roles, none of which were negotiating contracts. If they ask me to help, I would gladly help.  I work mostly with students and families and other things.  I want to stay active in the community.

4.   Alisa Spivey, 97 Holland Avenue (02915) was sworn in by the City Solicitor.

Ms. Spivey thanked the Council for letting her speak and for all the hard work they’ve been doing.   This City has a small town charm.  We couldn’t put a price tag on raising our families in a close knit community like East Providence.  We are attracting home buyers and developers.  The total number of units is 2,170.  We have an opportunity to grow. With growing becomes responsibility.  Are we satisfied with the traffic and population census the developer has provided us with?  I question the accuracy of the traffic review of the Wampanoag Trail with the increase of 300 – 400 cars.  I question the accuracy of the census of school age children who would be attending our schools 40-60 for the life time of the project.  I’m concerned about the School Committee considering school closure and consolidation at a time when our City is facing an opportunity of growth.  No school department employee requested a community impact study on the consolidation of two middle schools and the traffic.   How would perspective investors view our City?  I would like to ask the City Council to request the planning and development department to do a study and a traffic flow study between the peek hours of 6:50am to 8:30am and 1:45pm to 2:45pm especially on Pawtucket Avenue coming from Riverside, Wampanoag Trail where it merges with Pawtucket Avenue, the buses on side streets like Brightridge Avenue and Brown Street. 

5.   Hayley Vine, 200 Riverside Drive (02915) was sworn in by the City Solicitor.

Ms. Vine stated she heard about the proposals of closing and consolidating schools.  I know some of the City Council is against closing schools, but some of the Council has not yet decided.  I continued with my petition and now have a total of 1,410 signatures of which 380 are concerned students.  I would like the City Council to sign my petition.

6.   Heather Vine, 200 Riverside Drive (02915) was sworn in by the City Solicitor.

Ms. Vine stated first we got rumors to close our schools and now we got proposals to close our schools.  I’d like to thank those of you to keep the schools open.  Many of the parents were in favor of proposal E which was for declaring Platt Waters as surplus property.  We feel it’s the best proposal so far because it’s the least destructive to our students and to the Community.  If these properties were sold would you the City Council allow those funds be transfer to the school department?

Mayor Ramos stated we would have to meet with the City Manager.

Ms. Vine asked if the property value has been properly assessed.

Mayor Ramos stated a study hasn’t been done yet.

Ms. Vine stated she feels the five proposals presented by Dr. Forbes and the School Committee have not been thoroughly investigated.   The School Committee should have all the information before they make a decision when they meet next week.  I feel all the proposals are negative.

7.   Mary Ann Leonardo, 16 Prescott Avenue (02915) was sworn in by the City Solicitor. 

Ms. Leonardo thanked Mr. Brown and the Council people who attended the School Committee meeting.  We appreciate our City, the Libraries, Parks, Bike Paths, Carousel, Police, Fire and Schools very much.    I had a sewer back up last Thursday at 5:45pm.  I called the emergency line and got a live person.  Less than 1/2 hr later there was a supervisor at my front door. One half hour after that, there was a crew out there.  They found the problem and dealt with it.  We have a great water department too.

Councilwoman Perry congratulates the speakers.  Mary Ann, Heather, Haley and Alisa your comments were well prepared.  This is something I’ve been teaching the kids with tours and City Council meetings. This is important for you to be involved in your government and your schools.  I hope in September, when we have our budget hearing, I see everyone of you. 

Mayor Ramos recessed for five minutes.

8.   Joseph Larisa, 44 Don Avenue (02916) was sworn in by the City Solicitor.

 Mr. Larisa stated he was here on behalf of the East Providence Citizens League epcitizens.org.  What the solutions are to not close schools.  If the City council and the School Committee reinstituted the litigation for the buybacks it would be out of the school budget.    Our position is, it’s not in the contract, which would be a savings of over a million dollars.  Another thing the school department can do is change the third party administrator saving $400,000 - $500,000.  There is no co-pay, the people voted for co-pay now.  They voted to give the council ratification and elect members of the council who would never approve a contract without co-pay.  Same co-pay as police officers, firemen and other City employees.  This would save half a million dollars a year.   It would cost them maybe five, six, seven or eight hundred dollars a year.  I know some of you pay $800.00 a month.  And you’re seeing the resistance.  Is that fair? Should we be talking of closing schools?  I don’t think anybody has the prescription drug benefits that the school department employees have.  The City pays 10%, 20% or 30% of their drug cost. I know many of you pay 30%, 40% or 50%.  The school department employees pay $5.00 or $20.00 for a prescription.   If they simply pay what police, firemen and City employees pay.   Low co-pay and reasonable prescription is one million a year.  Insisting on buyback and third party administrator; separate and apart from negotiations.  Biggest number by far is the pay increase.  I don’t know what kind of raise people got this year, maybe 1%, 2%, 3% or 4%.  I know City workers got 3% or 4%.   The reason this budget is so out of control on the school side is because there budgeting a 6.4% pay increase.  Salaries and step increases together.  If you try to figure that out you can’t.  That’s $2.7 million in one year.  If you reduced that to zero, there’s no crisis.  If you did 3.2% like everybody else is getting we would save $1.35 million.  This doesn’t mean closing schools.  I’m urging the Council to take the initiative on an MOU on two issues; insist that the buyback question gets heard by the Supreme Court and insist on a third party administrator competitive bid for healthcare next year.

Mayor Ramos stated we do have the teachers at the table talking.  There is a possibility that all the things that Councilman Cusack and Mr. Larisa talked about could come to fruition.  I have the letter that all the Council signed and I hope that in a week or two we’ll have something to come back to the community with.

Councilman Silva stated I did sign the letter to the School Committee and Dr. Forbes stating that we hope the School Committee has success negotiating with the teachers, but I’m also going to ask all the parents and students that are here to write a letter to your teacher like the ones they wrote to the City Council and School Committee members.  Ask the teacher if she or he will vote with their Union to sit down and negotiate fairly with the School Committee.

9.   Beverly Haley, 63 Oak Street (02915) was sworn in by the City Solicitor.

Ms. Haley stated it’s time we put education first.  A City this size needs two middle schools.  We should be proud of our achievements with two high performing middle schools. We speak for our children who deserve equal opportunity.  Our schools need to be this City’s top priority.

10. Charles Mello Jr., 596 Willett Avenue (02915) boeing1220@netzero.net was sworn in by the City Solicitor. 

Mr. Mello stated his topic will fit in with the school committee cost how we will budget these costs.  That the sewerage treatment plant.  We need $55 million.  Can I ask where the moneys’ going to come from.

Mr. Mayor didn’t you say you were going to get it from Washington?

Mayor Ramos stated you were at the meeting.

Mr. Mello stated he was, but most of the people here were not at that meeting or most of the TV audience was not at the meeting.  What transpired at that meeting?

Mayor Ramos stated he would not answer his questions.

Councilman DiTraglia stated we brought people from Washington for help.  The figure hasn’t been evolved yet.  We don’t know how much we’ll get but at least we tried.  Something is going to happen but they’re spending $60 billion a month on the war.   This government doesn’t have the money it used to have to give to these Cities, Town and States.  Does that answer your question?

Mr. Mello stated no.  The request by the Mayor was $16 million.

Councilman DiTraglia stated the $16 million is to get the use quality of water back into the bay.

Mr. Mello asked what did Congressman Kennedy say.

Councilman DiTraglia stated Mr. Kennedy said he didn’t think we would get that kind of money.  What is it you don’t understand?  Quit antagonizing this Council I answered your questions and you were at the meeting.  You’re not making any sense.

Mr. Mello started to repeat what he asked.

Councilman Silva called for a point of order and stated I’m tired of this.   You’re here to make a statement.   This is a public comment where you’re allowed to make a public statement.   You’re not here to beat us up; you’re not here to badger us.

Mr. Mello stated answer the question.

Councilman Silva stated you’re here to make a statement.  If you want any information, the public record of this meeting is on file with the State officials.

Mr. Mello asked where the $55 million is going to come from.  I thought this was an open and honest government, but if you ask questions that people don’t want to answer then you are told to walk away.  Where is this $55 million going to come from?  It’s going to come from us.  If they won’t tell you I will.

X.   ADJOURNMENT

On motion of Councilman Silva, seconded by Councilman DiTraglia it is voted to adjourn.

Mayor Ramos adjourns the meeting at 9:55 P.M.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    May 1, 2007