I.     CONSENT CALENDAR

A.  APPROVAL OF THE CONSENT CALENDAR

January 16, 2007 – Regular Meeting

January 18, 2007 – Joint Council/School Committee Meeting

January 24, 2007 – Joint Council/School Committee Meeting

B.   CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

C.  ALCOLHOLIC BEVERAGE, CLASS F

St. Martha’s Church, 2595 Pawtucket Avenue (02914), March 10, 2007

On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to remove the January 18 and January 24, 2007 Joint Council/School Committee Meeting because we don’t have the minutes from the Consent Calendar.

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

On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to defer the minutes of January 18, and January 24, 2007 Joint Council/School Committee Meeting to the next Council meeting.

II.    PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS

Robert V. Gilbane, President Gilbane Development Company, 25 Pegwin Drive, E. Greenwich (02818) was sworn in by City Solicitor.   

Mr. Gilbane stated Mr. Russell Lindquist of Gilbane Development Company will assist with the presentation. 

Mr. Gilbane previously lived in Rumford and his family in Riverside. He commended the City Council for creating a Waterfront Commission and was always amazed the amount of waterfront land here for redevelopment at Kettle Point.  British Protroleum is the owner.  In 1915 it became a Petroleum Tank Farm, Amaco and then Arco was added.  In the early 1980’s they were decommissioned, and now is a Brownfield Site.  His proposal is for smart growth.  To clean up the property.  Plan new access points for the East Bay Bike Path and Squantum Woods.  Install Gateways, Pedestrian Friendly; the new Urbanism.  There will be Traditional Design, Designated Parking, and Open Space with possibility of a Marina.  This project would have a positive tax flow.

Mayor Ramos thanked Mr. Gilbane for the presentation and was excited about the project.

III.   APPOINTMENTS

Ancient Little Neck Cemetery (Councilman DiTraglia)

Michael Znosko (to be reappointed for a term expiring 1/1/10)

12 Catalpa Street (02915)

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

Harbor Management Commission (Councilman DiTraglia)

George Parker (to replace David Murray for a term expiring 2/6/09)

38 Floyd Avenue (02915)

Councilwoman Perry was dismayed that David Murray was being replaced.  Mr. Murray found out before Mr. DiTraglia called him.  She wanted a letter thanking him to be sent by City Clerk from the City Council.  

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

East Providence Public Library Trustees (Councilman Cusack)

Elizabeth Ingraham (to be reappointed for a term expiring 2/6/10)

84 Hood Avenue (02916)

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

Planning Board WARD 1 (Councilman Cusack)

Anthony A. Carcieri (to replace John J. O’Brien, Jr. for a term expiring 1/15/12)

42 Bridgham Farm Road (02916)

Councilwoman Perry requested a thank you letter be sent by City Clerk from the City Council.  

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

IV.   LICENSES REQUIRING PUBLIC HEARING

1.   B-Full Privilege Victualer (Subject to approval from State Division of Taxation)

Casa Brasil, LLC, d/b/a Casa Brasil, 543-545 North Broadway (02914)

Jose and Rose Barros, 159 Grove Avenue (02914) was sworn in by City Solicitor.

Mr. Barros stated he was in business for five years and has a limited liquor license, but his customers would like a cordial, that is why he wants a full liquor license.

Donna Buxbaum, 135Cordona Street (02914) was sworn in by City Solicitor.

Ms. Buxbaum stated this was a quality of life issue.  The front is commercial but the back is all houses.   She said there was a noise issue from the back patio.  She stated there were five full liquor licenses in a little over a city block.

Louis M. Giraitis, 35 Jenks Street (02914) was sworn in by City Solicitor.

Mr. Giraitis stated he thought it was a good idea for him to be able to accommodate his customers.

Jennifer Dyson, 221 Walker Street, Seekonk, MA (02771)

Ms. Dyson stated she’s in that area a lot and that Casa Brasil is the quietest establishment in that area.  It’s clean, the food is good and I think they should get the license.

Wesley D. Plante, 53 Seventh Street (02914) was sworn in by City Solicitor.

Mr. Plante stated he was not from the Law Department, but we all have limitations.  He wondered what’s going to happen.  License should be given under a limit.

Councilwoman Perry stated Mr. Barros did everything he needed to get his license to be in business.  The restaurant was written up in Rhode Island Monthly and other papers.

Councilman Silva wanted to know the hours of business.

Mr. Barros stated noon to 10:00 p.m.  Closed Monday and Tuesday.

Councilman Cusack stated he visited the restaurant and it was a pleasure he enjoyed it.  He said there was five licenses in that area, but there were Pub’s and Bar’s beside restaurants.  Councilman Cusack asked if there were any complaints about the noise.

Mr. Barros said no.

Councilman Cusack asked if he checked with Mr. Pimentel from zoning when he put the sign on his roof.

Mr. Barros said no, he was told it was ok and it cost thousands of dollars.

Councilman Cusack asked him to check with Mr. Pimentel and if it didn’t comply to remove it.

Councilman Silva stated Mr. Mayor, not to be disrespectful of Councilman Cusack, he’s here for a liquor license not zoning.

Councilman Cusack stated we’re here to determine if we want to grant expanded alcoholic license and we do take into consideration citizenship, community participation, and willingness for a business owner to comply with the law, so I will ask again.

Mr. Barros said he would take it down if he had to but it cost thousands of dollars.

Councilman DiTraglia questioned how much parking he had.

Mr. Barros stated eight or nine.

Councilman DiTraglia was concerned if he would get more business.

Mr. Barros stated that he just wants to be able to give the customers he has a cordial.  He stated he only has so many seats. 

On motion of Councilwoman Perry, and seconded by Councilman Silva and on a roll call vote, it is unanimously voted to approve, subject to approval from State Division of Taxation.

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

Joni Auto Rentals, Inc., d/b/a Thrifty Car Sales III, 2312 Pawtucket Avenue (02914)

Thomas Joseph Celona, 51 Woods Way, North Kingstown (02852) was sworn in by City Solicitor

Mr. Celona stated he’s been in business thirty-seven years, four other places in Rhode Island.

 Councilman Cusack questioned the parking.

       Mr. Celona stated the cars for sale will be in and out of the building.  He had enough spaces.   All rentals will be at other sites.

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

On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall.

3.         Class A (Subject to approval from State Division of Taxation)

McGreen’s Fine Wine & Spirits, Inc., 1086 Willett Avenue (02915)

(Stock Transfer)

Katherine & Ron McGreen, 10 Jenckes Ct., Narragansett (02882) were sworn in by City Solicitor.

Mr. McGreen stated he was transferring his stock to his wife Katherine.

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

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

V.    LICENSES NOT REQUIRING PUBLIC HEARING

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

VI.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE

Requested by (Director of Finance)

1)         The following is an ordinance regarding sewer use rate.

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.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

CHAPTER

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

(c) The water consumption portion of the sewer charge shall be at a rate of $3.05 4.00 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Louis M. Giraitis, 35 Jenks Street (02914) previously sworn in.

Mr. Giraitis asked where did you come up with a 33% increase. 

Mr. Brown states the following report that he gave to the City Council.  Among the largest increases within the expense category are the following:

Jim Abrams, 61 Catlin Avenue (02916) was sworn in by City Solicitor.

Mr. Abrams stated because the prior City Council didn’t take action when they passed the budget, we loss $300,000 plus increase of meter sales.  What cost if we don’t pass this tonight?  In the future, budget vote and rate increases should be made at the same time.

Mr. Rosenholm asked if residence could be informed if they have a leak.  He had a $600.00 bill because of the water leaking.

Mr. Rosenholm asked about Barrington contract with East Providence and is it a bad or good thing and if we paid a heavy fine for dumping in the Bay.

Mr. Coutu stated Barrington had one recently, but no fine for East Providence.

Councilman Cusack detailed the budget increase; two larger ones are the depreciation $800,000 and the NBC $200,000.  Commercial users versus residential fees.  Raise commercial will be anti business but I want to be fair and surrounding communities are higher.  Survey results show we are 7^th from the bottom out of 18; and   July 2006 4^th lowest 12^th out of 18.  Inflation goes up 3% and we go up 33%.  I rather not vote for this tonight and look into some options.

Mr. Brown stated he agreed that a more complete rate study needed to be done but how important it was to pass this tonight.

Mayor Ramos stated the problem he’s having is it wasn’t as important as the last council refused to go with the resolution.  They held it because it was a political year.  Two years, 44% raise in taxes.  NBC at Bucklin Point we’re responsible for everything they do in Cranston and Providence.

Councilwoman Perry stated she was on the last council.  All the woes of the City, you’re putting blame on the last council.   We need to move on and do our job.

Mayor Ramos asked why she didn’t vote on it.

Councilwoman Perry said they weren’t sure what was going to happen with the plant.  It could be sold.

Mayor Ramos stated sold, sold.

Jim Abrams, 61 Catlin Avenue (02916) previously sworn in.

Mr. Abrams asked about Gaspe 34, have we budgeted for it the last two years 2005, 2006 we didn’t spend any money for Gaspe 34.  Accounting is suspect.  We need a cleaner picture.

Mr. McDonald stated 2005 audit $830,000 it’s there for 2006 and will be there for 2007.  It wasn’t funded and going on we will.  Gaspe doesn’t require it.  Two rates never been the desire we always went with one city one rate.

Mr. Brown stated budget depreciation lower number rating agency.  We’re under scrutiny, Rans, borrowing, bonds if we don’t do these now, forty five days enough information this is right on the line.

Mr. McDonald stated time is on the line.  Two weeks, a month delay will compound the deficit.  We have never done a retroactive increase.  Two things are the biggest problem; 1) deficit in sewer, 2) deficit in school department.  Bond ratings 2004 decreased two levels and all the other things, Mooney Standard.

Mr. Brown stated rather a deficit, a completely balance budget, building revenue is more attractive when we borrow.

Councilman DiTraglia stated for twenty years the sewer plant is in dire need.  We need to take a stand. The more we put off the more it’s going to cost.  We need to put money in the plan or we have to give it to you know who, than it will cost you.  You’re not going to like it and we still will be responsible for piping and pumping station.  If we sell it we will still have to upgrade it.

Jack Fahey, 2535 Pawtucket Avenue (02915) was sworn in by City Solicitor.

Mr. Fahey stated in 1958 Town became a City and procedures and controls to conduct business.  In 1989 CDM made recommendations at treatment plant.  For sixteen years cut out of budget.  The people in the sewer plant have been using inventive techniques, not management, planning, upper level in City Hall.  And not the City Manager prior to Ordinance Governing Nitrogen discards law 2004 reduced by 50%.  Barrington agreement was in 1973 and it was to be revisited in twenty five years.  He stated take another month and reject this Ordinance.  If they can’t do it in a month then pink slips. 

Wesley D. Plante, 53 Seventh Street (02914) previously sworn in.

Mr. Plante asked the Mayor if he went to the environment agency in Washington the last time about this. 

Mayor Ramos stated no he went there on another issue; however he did talk to them on the sewer issue and received some help.

Charles Mello Jr., 596 Willett Avenue (02915) was sworn in by City Solicitor.

Mr. Mello Jr. asked are you going to raise the rate or possibility of lay offs at the sewer plant or closing it for two days a week.  You talk about development on the coastline five to seven years down the line.  That’s going to take care of all our problems.  Is the sewer treatment plant going to handle it?  It can’t handle us now.

Louis  M. Giraitis, 35 Jenks Street (02914) previously sworn in.

Mr. Giraitis asked the Mayor, when he visited the plant, did he ask questions about the EPA.

Mayor Ramos and Mr. Brown stated that there were people from the plant in the back that could answer questions he had.

David Enos, 44 Orlo Avenue (02914) was sworn in by City Solicitor

Mr. Enos stated he was against selling the plant.  They can raise the rate and we would have no control over it.   The past was the past this is 2007 lets move forward.

Councilman Cusack stated about the borrowing cost and we have the 3,500 exception use, one rate for everyone. NBC charges twice the amount to commercial users and we don’t.  There should be two rates.

Councilman DiTraglia stated he would like a month to look at the two tier rate tax.

Mr. Brown stated we could reconsider those issues, however we need to pass this tonight, then can look into all areas.

On motion by Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll-call vote it is denied 2-3. 

Councilwoman Perry and Councilman DiTraglia voted to approve.  Councilman Cusack, Councilman Silva and Mayor Ramos voted nay.

Requested by – (Director of public works).

VII.  CONTINUED BUSINESS

VIII. NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.         Waste Water Report (by Richard M. Brown – City Manager)

Mr. Brown states the report was in the packet discussed earlier with the ordinance that was just considered and to the follow up of the actions that were taking tonight.  Couple of things to do, one is review options and suggestions that were discussed tonight, we will also be talking to the  Public Works to try to determine if there were cost deductions than can be made temporarily which will reduce the size of our deficit and Mr. McDonald will be talking to our Financial Advisor on our rating issue to insure our bonds are viable which is important.

Mr. Brown would like Council to add and item to its agenda regarding IAFF Local 850 Proposed contract for information only.

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

On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve to take action on the contents of memorandum of the proposed contract.

IX.   REPORTS OF OTHER CITY OFFICIALS

A.  CHIEF OF POLICE REPORT

City of East Providence Rules and Regulations for Tow Companies (by Chief Hubert Paquette)

Mr. Conley, Jr. City Solicitor clarifies that this proposal is not an ordinance. If the Council goes through with this they would be adopting regulation by the Chief.  Currently we do have regulations in place this would be an improvement.

Councilwoman Perry asks if there were no guidelines before for Tow Operators.

Chief Paquette stated he wanted them to clean up and answer calls.  There are four companies that rotate.

Councilman DiTraglia asked Mr. Conley if he looked these regulations over.

Mr. Conley, Jr. stated yes the regulatory jurisdiction of the City that we share with Public Utility Commission (PUC).   Ours are more general nature based on qualifications and method of payment.   Their regulations are more significant in terms of what the requirements of the tows are responding to the scene, much more comprehensive.

Councilman Silva asks does this cause any inconvenience to any of our Tow people.  Did the Tow Companies receive this?

Chief Paquette states that they did.  Some were for it, some were against it.

Councilman Cusack asked questions about the Regulations and Mr. Conley noticed that the copies the Council received was a draft and not the finished copy but is doesn’t change any of the copy in the contents. 

Councilman Silva asked if my car was impounded is there a releasing policy on releasing the car. He was concerned about liability. We as a city took a car off the road and it went to a private piece of property.  Would we be open to liability?

Chief said he would look into it.

Councilman Cusack asked that this be open for public comment noting the Tow Companies were present and wanted to speak.

Mayor Ramos explained this is not on the Open Hearing part of the Agenda.  They would need a unanimous vote.

On motion of Councilman Cusack, seconded by Councilman DiTraglia, and on a roll-call vote it is denied 1-4. 

Councilman Cusack, Councilman DiTraglia, Councilman Silva and Mayor Ramos approved.  Councilwoman Perry voted nay.

On motion of Councilman Cusack , seconded by Councilman DiTraglia, and on a roll-call vote it is unanimously voted to defer action to the next Council Meeting and place under Public Hearing.

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

On motion of Councilman Silva, seconded by Councilwoman Perry, and a roll-call vote it is

Unanimously voted to accept the Claims Report.

C.  RESOLUTIONS

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

RESOLUTION NO.

RESOLUTION REQUESTING LEGISLATIVE RATIFICATION OF THE

CHARTER OF THE CITY OF EAST PROVIDENCE AS AMENDED

            WHEREAS, on November 7, 2006 the voters of the City of East Providence overwhelmingly approved an amendment to the Home Rule Charter of the City of East Providence which provided that no collective bargaining agreement between the City of East Providence, including the School Committee and any labor organization, shall become effective unless and until ratified by majority vote of the East Providence City Council.

            WHEREAS, by that vote, said amendment to the Charter has been duly adopted pursuant to Article 13, Section 8 of the Rhode Island Constitution and is now valid and in effect as Article 10, Section 4 of the Home Rule Charter of the City of East Providence; and

            WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

            WHEREAS, since that date, there have been several amendments to the Home Rule Charter, changes in various state laws affecting municipalities, and an amendment to the Constitution for the State of Rhode Island; and

            WHEREAS, the City Council for the City of East Providence at this time wishes to seek legislative ratification of the entire Home Rule Charter of the City of East Providence as amended to reaffirm the commitment of the City of East Providence to its Home Rule Charter in all respects;

NOW, THEREFORE, the City Council for the City of East Providence requests that the Rhode Island General Assembly ratify the Home Rule Charter of the City of East Providence as amended and by said ratification give effect to, confirm, and validate the Home Rule Charter of the City of East Providence as amended in its entirety.

            BE IT FURTHER RESOLVED, that the City Clerk send a copy of this Resolution to the Senators and Representatives of the City of East Providence legislative delegation, the House of Representatives, the Rhode Island Senate, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Governor of the State of Rhode Island Adopted by the City Council

Attest:

_____________________________________________

City Clerk of the City of East Providence, Rhode Island

Requested by:  Councilman Cusack

X.    ADJOURNMENT

On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote the meeting adjourns at 12:05 a.m.

Attest:

___________________________________

Virginia B. Nunes

City Clerk

Approved: