I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

July 12, 2007 - Special Meeting

July 17, 2007 – Regular Meeting

B.  LETTER OF RESIGNATION

Paulette Rainey, East Providence Cancer Control Task Force

C.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

D.  BLOCK PARTY – September 1, 2007

Kristen Skeffington, 79 Holland Avenue, Riverside (02915)

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

II.    APPOINTMENTS

1.                  East Providence Waterfront District Commission (by Councilman Cusack)

John C. Lynch (Re-appointment for a term expiring 3/2/10)

Manhattan Housing Co., 320 Newport Avenue (02916)

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

2.                  East Providence Waterfront District Commission (by Councilman Silva)

John Pesce (Re-appointment for a term expiring 3/2/10)

Coast Realty Management, 1 Realty Way (02914)

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

III.   LICENSES REQUIRING PUBLIC HEARING

1.   Entertainment (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, City Manager, and Fire Marshall)

Paiva Restaurant Corp., d/b/a O’Dinis Restaurant & Tavern, 579 Warren Avenue, (02914)

Natalia Paiva-Neves 579 Warren Avenue (02914) was sworn in by City Solicitor.

Ms. Paiva-Neves stated this is folk music.

Councilman Silva asked if this was folk music that you have had in the pass.

Ms. Paiva-Neves stated yes.

Councilman DiTraglia asks have you operated other business.

Ms. Paiva-Neves stated my father owned and operated other business in the pass and never had a problem.

Councilwoman Perry asked is there any amplification.

Ms. Paiva-Neves stated general guitars and it is done without microphones.

Mayor Ramos asked if anyone wanted to speak.

Jose Barrows, 159 Grove Avenue (02914) was sworn in by City Solicitor.

Mr. Barrows stated I support to O’Dinis. I’ve know him for 35 years and I think this is very good for East Providence.

Councilwoman Perry stated you have had this so you won’t be bringing in any more patrons because of the problem with parking.

Ms. Paiva-Neves stated this is a small place.  Some people park at his house or driveway.

Councilman Silva stated I might walk in with my guitar you might walk in with an according.

Ms. Paiva-Neves stated yes.   

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

2.                  Secondhand Autos & Trucks (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall)

From:  Lucien’s Auto Center LLC, d/b/a Lucien’s Auto Sales

To:  Andrade Auto Body, Inc., d/b/a Hot Rides, 30 Veterans Memorial Parkway, (02914)

Kenneth Andrade, 1 Pawtucket Avenue, Bristol (02809) was sworn in by City Solicitor.

Mr. Andrade stated he would be bring it back to what Lucien was doing, it was becoming an Icon a destination business in East Providence.   He heard they were closing and he thought it would be a great opportunity to do restorations and sales, only change is the name.

Councilman DiTraglia stated when you say restorations you’re not doing body work.

Mr. Andrade stated there would be some body work.

Councilman DiTraglia was concerned about the system for the fumes.

Mr. Andrade stated it was all checked with fire Marshall.

Councilman DiTraglia asked about the vehicles inside.

Mr. Andrade stated some are just on display others will be for sale.

No one from the public wishes to speak.

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

3.                  B-Full Privilege Victualer (Subject to approvals from Chief of Police, Building Inspector, State Div. of Taxation, and Fire Marshall)

From:  Lumber Yard, Inc., d/b/a 3^rd Base Tavern

To:  Tipperary Tavern, LLC, d/b/a Tara Mulroy’s A Tipperary Tavern, 281 Massasoit Avenue, (02914)

 Tina Abadine Attorney for Joseph P. Ferrucci receiver of 3^rd base tavern on May 24, 2007 RI Superior Court Judge Joseph Silverstein granting the sales of the assets Francis O’Brien and transfer of liquor  license.

Councilman Cusack asks are the new owners experienced in this business.

Thomas Haley Attorney for Tara Mulroy stated she grew up in her Father’s Pub in Ireland and work at various pubs in New York.  She will be managing director, Charles Samaras owned Charlie O’s in Narragansett and Francis O’Brien, Hudson Holdings, we were the high bidder in receivership in Superior Court which was a good thing it benefited everyone.  The price when up and all the creditors got paid and the two principals who owned it was able to recouped some money because of the higher bid.

No one from the public wishes to speak.

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

IV.   LICENSES NOT REQUIRING PUBLIC HEARING

1.   Entertainment (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)

From:  Lumber Yard, Inc., d/b/a 3^rd Base Tavern

To:  Tipperary Tavern, LLC, d/b/a Tara Mulroy’s A Tipperary Tavern, 281 Massasoit Avenue, (02914)

Councilwoman Perry asked if it was going to be an Irish Pub, it would be the 1^st in the City.

Many stated no there is Mulhearn’s and others.

Councilwoman Perry what kind of entertainment are we talking about.

Mr. Haley stated Irish theme maybe a couple of people playing and singing.

Councilman DiTraglia asks about the hours of entertainment.

Mr. Haley stated 11:15 p.m. 11:30 p.m.

Mr. Conley state if the Council wishes to impose the hours.

Councilman Cusack asks do we know if the previous owners did have a time limit.

Mayor stated maintain the same time as others in the City.

Councilman Cusack stated we can restrict it later if require such an issue.

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

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

From:  Lumber Yard, Inc., d/b/a 3^rd Base Tavern

To:  Tipperary Tavern, LLC, d/b/a Tara Mulroy’s A Tipperary Tavern, 281 Massasoit Avenue, (02914)

Councilman Silva stated you mean there are only 25 seats in that place.

Mr. Haley stated 80 seats

Councilman Silva stated I just want to clear this up.

Mr. Conley stated I believe this was a class one 51 and over.

Councilwoman Perry stated it’s a transfer.  I’ll resend my motion and make it class one.

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

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

From:  SSCC Corp., d/b/a East Bay Pizzeria

To:  Garcia, LLC, d/b/a East Bay Pizzeria, 68 Taunton Avenue (02914)

Rafael Garcia, 49 Tampa Street, Worcester, MA (01604) was sworn in by City Solicitor.

Mr. Garcia stated it’s a small restaurant everything will stay the same.

Councilman Silva stated just a transfer and same hours.

Councilwoman Perry asks have you operated another business.

Mr. Garcia stated no this is the first time; my daughter’s going to run it.

Councilman Cusack asks does your daughter have experience.

Mr. Garcia stated yes that was part of the agreement to train her and she has some other experience.

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

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

From:  Smalltown Diner, LLC, d/b/a Bobbie’s Smalltown Diner

To:  Sedan 33, LLC, d/b/a Bobbie’s Smalltown Diner, 446 North Broadway, (02916)

No one from the public wishes to speak.

On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to defer.

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

Virgin Petroleum, LLC, d/b/a Riverside Shell, 970 Willett Avenue, (02915)

Massoud Atallah, 346 Mohawk Road, Raynham, MA (02767)

Mr. Atallah stated its refined petroleum.

Councilman DiTraglia asks if there’s proper tank and everything proper.

Mr. Brown stated they have to get the approvals.

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

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

Virgin Petroleum, LLC, d/b/a Riverside Shell, 970 Willett Avenue, (02915)

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

7.      Gatherer (Subject to approvals from Chief of Police, Building Inspector, and Fire Marshall)

Karen Sweezey, 188 Waterman Avenue (02914)

No one from the public wishes to speak.

Mayor Ramos stated this is the second time.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

V.    PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage July 17, 2007.  Advertised – Prov. Journal –July 20, 2007.)

VI.   CONTINUED BUSINESS

VII.  NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.  Recommend that City Council, as recommended by the Harbor Management Commission, set the salary of the Harbormaster; S. Bruce Dufresne at $15,000 per year: subject to Mr. Dufresne entering into a personal services agreement with the city as an independent contractor.

Mr. Brown stated last meeting this was referred to me for recommendations the amount is included in the harbormasters budget I recommend the approval of $15,000 per annum, the personal service agreement will clear up minor issue policies and procedures that I had.

Mayor Ramos asked how could and independent contractor use our equipment.

Mr. Brown stated they can the independent contractor status really is determine by the amount of supervision or lack of supervision that you exercise over the individual.  In fact the harbormaster acts as our agent.  You don’t set his methods of operation, he enforces state laws and local regulations but he doesn’t check in with us each and every day so he is operating as an independent contractor in that respect. 

Councilman Cusack asked the City Manager the $15,000 is that the number Mr. Dufresne sort.  What he wanted.

Mr. Brown stated that was the amount recommended by the harbormaster commission in the budget we’re operating now.

Councilman Cusack asked was that the number that was an issue last time this came up.

Mr. Brown stated the number was never an issue it’s getting approval and clarify thru the personal agreement.

Councilman Cusack asked wasn’t it an increase of $3000.00 more.

Mr. Brown stated yes it was an increase.

Councilman Cusack asked is the $15,000 the extent to which he get as harbormaster.

Mr. Brown stated yes, what he does on his off time is his business.

Councilman Cusack asks are you aware of an objection by Mr. Dufresne to this arrangement.

Mr. Conley asks Mr. Dufresne to identify himself and his position with the city.

Mr. Durfresne state I haven’t seen the contract so I can’t give it thumbs up or down.

Councilman Cusack asks is the level of compensation, is it what you were seeking.

Mr. Durfresne stated the harbormaster commission originally voted for $12,000 but we’re a year behind so $15,000 if it goes into effect this November 1 would even that out, but they approved $12,000 a year.  It’s up to you what you set the salary at.

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

2.  Temporary Closure of Streets & Sidewalks.

Mr. Brown stated Council traditionally provides the authorities for closing city streets and sidewalks as you did tonight for a block party.  Last week the filming of the Brotherhood where parts of our streets had been closed without Council approval or my approval.  It had been done on a temporary basis, very often the decisions to film might be the people are available, the equipment is available or they have a good stretch of weather.  I’m seeking two things.  Individuals other than what you have traditionally seen before you who want to use our street and sidewalks would fill out the form and I would be given approval to grant these on my own.  These are the type of closures that need police details and notify the abutting property owner as well as looking for liability insurance to protect the city interest. 

Councilman DiTraglia asks so making a film would go to building inspectors.

Mr. Brown stated it will come to my office and then I will handle that.

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

3.  Award Contract for Piping Modifications – Digester Building for Wastewater Treatment Facility.

Mr. Brown stated this is a request for council approval to award contract in the amount of $141,800.00 to Process Engineers & Constructors, lowest bidders for piping modification – digester building for wastewater treatment facility.

Councilwoman Perry asks is this something that has been budgeted for.

Mr. Brown stated yes.

Councilman Cusack asks could you describe what these modifications are and would it do anything to elevate the odors emanating from the plant. 

Mr. Brown stated this is piping for the sludge and digester building to the extent that we’re doing the work better than we are now.  It might eliminate some odor but I would think it probably wouldn’t be as significant as we would like it to be.

Councilman Cusack asks how does this dovetail with the extensive new plant.  

Mr. Brown stated a very small piece.

Councilman Cusack will these new pipe be able to be retained in the new facility.

Mr. Brown stated yes.

Councilman Cusack stated so it would not be moneys wasted in that sense once the project get going next winter.

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

B.  REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley stated the claims and litigations report of August 21, 2007

We recessed at 7:28 p.m. until the conclusion of the regular council meeting at which time will consider remaining claims and litigations on that docket.

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

IBPO Contract Negotiations (by William J. Conley, Jr. – City Solicitor)

Mr. Conley regarding the arbitration report we received for the IBPO contract, we did not settle November 1, 2006 to October 31, 2007 and we preceded arbitration August 1, 2007 arbitrator awarded wage increase of 3.5% for that fiscal year and was inline with other unions.  At that time we began negotiations for the fiscal year November 1, 2007 to October 31, 2008 the arbitration offer to award a wage increase of 3%.  We have begun negotiations with other collecting bargaining units for November 1, 2007 to October 31, 2008 and we will be addressing the council on those in the very near future.

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

Providence and Worcester Railroad Company Request for Easement (by William J. Conley, Jr. – City Solicitor)

Mr. Conley stated a request by the Providence and Worcester railroad for an easement agreement with the city in relation to a project will be undertaking in the city in the near future.  Our ordinance requires that when the council receives a request for easement that it be referred to the planning board.  The planning board reviews and makes a recommendation to the city council.  The planning board does that in an open meeting once it concludes it goes back to the city council with its recommendation for receiving the recommendation of the planning board and has a hearing at that time.  At this time you need vote to refer this to the planning board.

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

Review of Stop Sign Rice Avenue at Clyde Avenue (by Stephen H. Coutu - Public Works Director)

Mr. Coutu stated I was asked to look into the possibility of installing a stop sign at Rice and Clyde and tonight I will give my review.  Rice Avenue is in a residential street standard T with Clyde Avenue there is a stop sign on Clyde.  A stop sign is a traffic control device and traffic engineers use this document put out by the USDOT called the Manual on Uniform Traffic Control Devices which spells out the number of standards or warrants use for the approbations of stop signs.  Some would be for intersection of a busy Street like Pawtucket Avenue or intersection with poor visibility.  A stop sign should not be used for a speed control.  After looking at the intersection and going by this manual I feel it is not warranted.

Mayor Ramos stated he looked at the intersection and the neighbors requested a stop sign that’s why it was put on this docket.  I never heard anyone else come up and make a report on any of these other stop sign all of a sudden this one is becoming very important.

Councilwoman Perry stated I live near there and I have been getting calls from the neighbors and concerned with the people flying down that street and if a car is coming, if there coming over the hill they don’t see and there driving fast in a neighborhood with a playground. When neighbors call me and the mayor you know there’s a problem there, I don’t see any harm in putting a sign.

Mr. Brown stated right now the placement of stop sign is by ordinance that’s council decision.  Right now there is not a good way of reviewing of the process when staff does not find warrants meets the standard.  The reason it was put on a agenda  a number of council people had ask for this and staff had concerns, accept the report for the record and introduce the motion to ask to put an ordinance on the next agenda for council approval.

Councilman Silva asked Mr. Coutu this is not going to create a safety issue it’s just by the book it doesn’t fit the criteria.

Mr. Coutu stated as an engineer it’s not warranted.

Councilman Silva stated but we’re not causing a safety hazard to the neighborhood.

Mr. Coutu stated my other concern is too many stop signs go up; they lose their effectiveness and because stop signs are so prevalent people don’t want to stop.

Councilman Silva stated we make a lot of money off of them.

Councilwoman Perry stated we appreciate you’re looking into it quite a few people have concerns and I think quite a few people living on that street are speeding, but there is that potential of a real problem because there are a lot of children in that area.

Mr. Brown stated I think what the director is trying to say is that he’s given you his recommendation based upon the warrants, as elected leaders you have local knowledge of a situation and the needs of the constituents it’s certainly your right to ask for an ordinance.

Mr. Coutu stated we put up sign that we can, like additional slow children signs and additional speed limit signs and I alert the police department of certain areas like a cut thru situation.

Mayor Ramos stated he would like a motion to present an ordinance the next meeting.

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

Job Freeze on All New Positions, Part-time or Full-time (by Bruce DiTraglia)

Councilman DiTraglia stated we’re going to have some serious problems coming up in the next fiscal year and I recommend that we have a job freeze for part time, full time and no new positions are to be filled until this budget is balanced.  Jobs given out and we need to stop until we get a hold on this new budget.  I am recommending a full job freeze.

Councilwoman Perry asks does that included police, fire everybody.

Councilman DiTraglia stated no, the police only the ones that retire we need to fill those spots, same with fire we can’t leave those spots vacant, put know new spots and that goes for everyone.

Councilman Silva stated there are positions already advertised will he be able to fill those.

Mr. Brown stated I understand Councilman DiTraglia’s concerns desire by city council and save money where possible but at the same time we have work to get done.  The best way to save recourses is to be flexible and manage those recourses and not simple allow one tool.  We look at every position before we fill it and I think it’s something we can handle by management rather than by ordinance.  I certainly understand the financial fear that this is coming from and I appreciated it and that is in the back of my mind when I review any one of these positions.

Councilman DiTraglia stated I don’t want new positions or a part time going to full time.

Mr. Brown stated we mentioned police and fire but Mr. Coutu in public works, we have work that is being done by people in his department, if we have vacancy it’s prudent that we fill that position because it leads to issues with our collective bargaining agreement with part time employees with individuals who may necessarily know the job that we bring in as full time.

Councilman DiTraglia stated I’m pretty aware of that situation but we have to stop somewhere and if we don’t we’re digging ourselves deeper and deeper, at some point we have to stop.

Councilwoman Perry stated I understand Councilman DiTraglia’s concerns about the budget the whole situation in the City we have a school department deficit; we hired a city manager to run the city.  I have every confidence that he’s not going to make appointments just for the sake of making appointments.  He will evaluate every single one he knows what’s best for the city that’s what his job is.  It’s not the council’s job we‘re not in the employment agency.  I say let him make those decisions he certainly is going to be coming in with a budget  that he needs to be responsible to the City to the City Council so he’s not going to make these decisions contrary to what he’s trying to do for the budget.

Councilman Cusack stated we heard the presentation the other night that at the beginning there is a $750,000 gap that the city manager acknowledges he has to close up and it’s the beginning not the end. He has every incentive to economize and to find places he can save money. The problem with a job freeze is no flexibility to manage the place.

On motion of Councilman DiTraglia, seconded by Councilman Silva, just to move the motion, and on a roll-call vote, it is denied.

Councilman Cusack, Councilwoman Perry, and Councilman Silva vote nay.

Councilman DiTraglia and Mayor Ramos voted aye.

C.  COUNCIL BUSINESS

1.  Recommendation Ward 2 School Committee Member for Council approval (by Councilman Silva)

Councilman Siva stated I did something wrong I stated how I would interview and have a committee interview and I was suppose to place the name on the docket and the last interview process was done on Saturday so I didn’t know I had to put the name on the docket.  I would have to have full council approval.

Mayor can we get the full approval from the council ward 2 to present the name of the person for school committee.

Councilman Silva stated the reason the next city council meeting would be after the day Mr. Medeiros left and I wanted the school department to share information with the candidate.

On motion of Councilman DiTraglia, seconded by Councilwoman Perry, and on a roll-call vote, it is denied.

Councilman Cusack voted nay.

Councilman Cusack stated the reason I vote nay to unanimous consent to make this appointment tonight for this very important position is because it violates the rules of the council.  The rules of the council stipulate that any appointments being made on the docket previous to the meeting the name and address.  This case was very understandable circumstances with Mr. Silva.  The reason for those rules is to give the public a chance to know ahead of time who’s being appointed so if there are objection so people could be heard or attempt to be heard.  I think disclosure is very important and this is appointment is probably the most important council made in the last ten years.  I heard some very good things about the person whose not been named yet.

Councilman Silva stated I did publicly announce all four candidates in the newspapers.  Then I interviewed them privately and then they were interviewed publicly with the interviewing committee. I would like to ask for special meeting this Friday so I can publicly announce today that Steven DeCastro is the name that I’d like to recommend to this council and therefore we can announce it on Friday.

Mayor so we will have a special meeting on Friday at 5:30 p.m. to appoint Steven Decastro for council approval.

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

Councilman Cusack stated I’m in full favor of such a special meeting to discuss this very important issue.  As the mayor said this is required by law because David Medeiros resigned.   A city member of the school committee resigned someone in Ward 2 usually this is an elected position.  Normally there is a campaign and the public learn something about that candidate position on several issues.  Facing with the budget problems that we have there may be Carulo Action against the city and the Council has taken action supporting the taxpayers.  I would like to know what this person’s position would be. 

D.  INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on September 4, 2007 for a public hearing and consideration of final passage).

X.    ADJOURNMENT

On motion of Councilman Silva, seconded by Councilwoman Perry to reconvene the Claims Committee meeting have Council meeting adjourns and report out at the next meeting, is voted to approve.

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

Mayor Ramos adjourns the meeting at 9:58 p.m.