I.     CONSENT CALENDAR

Councilwoman Perry asked that item G correct the dates to June 22, 23, & 24, 2007.

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

LICENSES REQUIRING PUBLIC HEARING

1.   SEC/AUTO & TRUCKS (Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer and Fire Marshall)

Commercial Sales & Marketing, Inc., d/b/a Rhode Island Truck Sales, 155 Amaral Street (02915)

Benjamin Bernard Viti, 29 Annual Drive, Cranston (02920) was sworn in by City Solicitor.

Mr. Viti stated he had a Dealers License for the State of Rhode Island.

Councilwoman Perry asked how long he was in business.

Mr. Viti stated 2 ½ years at that location.

Councilman DiTraglia stated for moving business it’s a small area.

Mr. Viti stated the building is 6,000 square feet for sales and repair.

No one from the public wishes to speak.

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

2.   SEC/ANTIQUES (Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer and Fire Marshall)

DBA Holdings, Inc., d/b/a Odds and End Tables, 285 Bullocks Point Avenue (02915)

David B. Arenson, 129 Sandringham Avenue, Providence (02908) was sworn in by City Solicitor.

Mr. Arenson stated he had nautical items and thought Riverside would be a good area being near the water.

Councilman DiTraglia asked if Riverside was his choice to live. 

Councilwoman Perry asked if he had prior experience in antiques.

Mr. Arenson stated he had purchased on eBay and sold items.

Councilwoman Perry asked what the hours would be.

Mr. Arenson stated Monday thru Friday 9 a.m. to 5 p.m. maybe Saturday.

No one from the public wishes to speak.

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

LICENSES NOT REQUIRING PUBLIC HEARING

1. VICT/NOT OVER 25 (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshal)

David McEnery, d/b/a BFF Food Service, 700 Bullocks Point Avenue (02915)

David McEnery, 780 Reservoir Avenue, Cranston (02910) was sworn in by City Solicitor.

Mayor Ramos asked if he was taking over the Chowder House.

Mr. McEnery stated yes, he just wanted to have chowder, clam cakes, French fries, hamburger and hot dogs.  Good Food Thursday thru Saturday 12 noon to 8 p.m.

Councilman DiTraglia stated 1000 people go by there.  You have big shoes to fill, good quality.

Mr. McEnery stated he wanted 2000, 3000 people.  He said that’s why he’s doing a small menu.  I want good food so more people will come.

No one from the public wishes to speak.

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

2. Peddler Ice Cream (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)

Cain Jenkins, d/b/a Del’s Lemonade, 400 Waterman Avenue (02914)

Cain Jenkins, 156 Putnam Street (02914) was sworn in by City Solicitor.

Mr. Jenkins stated he would be at events, ballgames, Heritage Days.

Councilman DiTraglia asked if this was with Jim McGivney.

Mr. Jenkins stated yes.

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

3. Hawker (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)

Linda A. Souza, d/b/a L A S Snacks, 234 Forbes Street (02915)

Linda A. Souza, 234 Forbes Street (02915) was sworn in by City Solicitor.

Ms. Souza stated she was going to sell hot dogs, hamburger and French fries and  would be in various places she wasn’t sure where.  She stated she was looking into getting a cart.  Ms. Souza said she was going to ask her landlord if she could park in front of her house.

Mayor Ramos stated she couldn’t do that.

Councilwoman Perry stated you can’t be 250 feet from a restaurant.  We need to know where you are going to be setting up.

Steve R. Souza, 234 Forbes Street (02915) was sworn in by City Solicitor.

Mr. Souza stated he thought his house at first.

Councilwoman Perry asked is he checked with Zoning. 

Mr. Souza stated no.

Mr. Dias stated he would need notarized permission from the land owner and check with Zoning.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

II.    PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage May 15, 2007.  Advertised – Prov. Journal – May 18, 2007.)

1)   The following is an ordinance amendment regarding stop sign at Wanniset Avenue (northbound traffic) at Crescent View Avenue.

                       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:

WANNISET AVENUE (northbound traffic) at Crescent View Avenue

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

III.   NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.     New Ordinance for Mattress Collection.

Mr. Coutu stated the RI Resource Recovery Corporation is charging municipalities for mattresses and box springs collected from residential housing.  The fees are $15.00 per unit.  It is requested that an ordinance be placed before the City Council for consideration to establish a fee for the collection of mattresses and box springs.

Mayor Ramos stated we just had a revaluation and a sewer tax rate increase and you want to charge for mattresses.

Councilman DiTraglia asked if it was $15.00 for a set or each.

Mr. Coutu stated each.

Councilwoman Perry stated certain things we need to do for the City.

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

2.      Request for City Council Approval to Award Contract for Replacement of Crescent View Avenue Twin Culverts.

Mr. Coutu requested approval to Award Contract for Replacement of Crescent View Avenue Twin Culverts to John Rocchio Corporation.

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 Gregory S. Dias – Assistant City Solicitor)

COUNCIL BUSINESS

1.      Discussion on Multi-Purpose Recreation Center (by Mayor Ramos)

Councilwoman Perry stated she didn’t want to reject this, but not ready to do this right now.

Councilman DiTraglia stated at the last meeting a lot of people was here for it.

Councilman Silva stated that after the article of five cents worth the public is expecting this.

Councilman Cusack stated we have a bond referendum, if in a year or two we want to do this, would we have to have another referendum. 

Mr. Dias stated no you don’t have to do anything immediately.

Councilman Cusack stated he was opposed to this at this time, could we defer?

Councilwoman Perry wanted to hear specifically from the Law department.

Mr. McDonald stated we wouldn’t borrow until we start spending the money.

Mayor Ramos asked if borrowing effects the state cap of 5.25%.

Mr. McDonald stated we can exceed the cap with new borrowing only if your old bonds are paid off.  That bond would stay out there for a number of years.

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

2.   Approve proceeding with the declaratory judgment action in Superior Court and beyond if necessary regarding the School Department health care buybacks and appoint Attorney Joseph S. Larisa to assist the Law Department at no cost (by Councilman Cusack)

Councilman Cusack stated the cost to the City $600,000 a year.  Contract regarding premiums we’re self insured so there are no premiums.  Proceed with litigation action in Superior Court and have Joe Larisa at no cost.  He is one of the best in the State, having Joe would significantly help Bill Conley.  Bill Conley wants Joe’s help.  Joe is one of the top five lawyers. 

Mayor Ramos stated now that you gave us a resume on Joe Larisa, we have an outstanding Law Department. He wants to be in the limelight with the case. 

Councilman Cusack stated winning the case would put him in the limelight but I’m not asking for this for any limelight or political reasons.  I think we should take it further.  It’s a matter of law; I want to add to our chances.  Why wouldn’t we take this kind of help?   

Councilman Silva asked Mr. Dias if Bill Conley asked for help or is the Law Department capable to do this.

Mr. Dias stated Mr. Conley can handle it.

Councilman Silva stated I am insulted.  Our law department does a great job.   Personally I think this is a political stunt looking for the limelight.

Councilman Cusack stated if Mr. Larisa is doing a stunt, I take exception to that; I want what’s best for us.  Bill and Joe have discussed this case.

Mayor Ramos stated that from day one Joe Larisa has been trying to get into this department.  I support the lawyers of our City.

Councilwoman Perry stated the sad thing is that this has turned into a political thing.

Councilman DiTraglia stated our legal department is more then capable of doing it.  I’m sure if they ask advice from another lawyer, they will be working together for help.

Mayor Ramos stated that’s fine, but not specifically to an individual.  Mr. Conley knows he can ask anyone’s advice if he wants to, but I will not vote for one person. 

Councilman Cusack stated how about we put in the motion that Mr. Conley is the lead consular.  Mr. Larisa would only have a supporting role.

Mayor Ramos stated no, Mr. Conley has the right to ask anyone.  How about if we need some help and I ask Mr. Abrams to sit next to you to help make decisions. 

Councilman Cusack couldn’t visualize, or didn’t want to visualize it.

Councilman Silva asked would an escrow account be set up, because that is how they balance their budget.

Mr. McDonald stated the current year budget will be reallocated on next year’s line item.

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

Councilman DiTraglia, Councilman Silva, and Mayor Ramos voted nay.

Councilman Cusack, and Councilwoman Perry voted to approve.

3.   To urge the School Committee to move immediately to replace the current Health Care Third Party Administrator with another firm if substantial cost savings can be achieved (by Councilman Cusak)

Councilman Cusack stated language of the Carrier, we are self insured there is no Carrier savings of over $400,000 annually.

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

Councilman Silva announced at 12 noon, Friday, June 8, 2007 at the City Hall we’re having Day of Portugal everyone is invited.  The State House has a program at 7 P.M., June 7, 2007 and a parade at 12 noon, June 10, 2007

C.  INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on June19, 2007 for a public hearing and consideration of final passage).

1)   The following is an ordinance amendment regarding “Garbage and Refuse” regarding fee for collection of mattresses and box springs.

                        AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE

                    REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                                 RHODE ISLAND, 1998, AS AMENDED, ENTITLED

                                                     “GARBAGE AND REFUSE.”

           THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (4) entitled “Miscellaneous items” of Section 6-39 entitled “Recyclable materials established” of Article IV entitled “Recyclables” of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Garbage and Refuse” is amended by adding thereto the following:

c.  Mattresses, box springs and other bedding materials.  All residential bedding materials such as mattresses, box springs or other items with similar characteristics as determined by the director of public works shall be collected by the municipal refuse collection contractor as scheduled by the public works department and separated to be recycled at the Rhode Island Resource Recovery Corporation facility.

SECTION II.  Article IV entitled “Recyclables” of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Garbage and Refuse” is amended by adding thereto the following:

            Sec. 6-46.  Mattress, box spring, bedding material collection fee.

            The fee for collection of a mattress, box spring or other bedding material, as defined in section 6-39, is hereby fixed at $15.00 dollars for each item.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts or 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 on a roll call vote, it is unanimously voted to deny.

XI.   ADJOURNMENT

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

Mayor Ramos adjourns the meeting at 9:25 p.m.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    June 19, 2007