I.    CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

May 31, 2007 - Joint City Council with School Committee Meeting

June 5, 2007 – Regular Meeting

B.  LETTER OF RESIGNATION

David A. Medeiros, East Providence School Committee Member Ward 2

Michael Znosko, Assistant Harbormaster

C.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

D.  7^th ANNUAL BLOCK PARTY - July 21, 2007

Gregory S. Dias, 57 Tryon Avenue (02916)

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

II.   PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS

Past Post Commander Frank Giordano to Past Post 5385 in East Providence presented a Flag and Plaque to the City.  This Flag was flown on the USS Constitution, “Old Ironsides” the oldest ship in the US Navy on October 6, 2006.  This is the greatest honor for the flag.   Beside Mr. Giordano there were other veterans from the WWII, Korea and Vietnam.

VI.  APPOINTMENTS

1.  Zoning Board of Review (by Mayor Ramos)

Donald Turner, 190 Grosvenor Avenue (02914)

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

2.  Economic Development Commission (by Mayor Ramos)

Michael Bernstein, 36 Hill Court (02916)

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

3.  Housing Authority (by Councilman DiTraglia)

Dorothy Tullou, 3663 Pawtucket Avenue, #815 (02915)

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

4.  Harbor Management Commission (by Councilman DiTraglia)

Steven A. Dumas (Ex-officio), 234 Sterry Street, Pawtucket (02860)                                                                   

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

5.  Harbor Management Commission (by Councilman DiTraglia)

Dennis McLaughlin, 60 Peach Point Drive (02915)

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

LICENSES NOT REQUIRING PUBLIC HEARING

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

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

No one was here to speak. 

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

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

Tim Hortons New England, LLC d/b/a Tim Hortons, 25 Newport Avenue, (02916)

Karen Larkin, 234 Taugwork Road, Stonington, CT (06378) was sworn in by City Solicitor.

Ms. Larkin stated she is the Representive of Tim Hortons and the location is the old Wendy’s at 25 Newport Avenue (02916).  They renovated the building.

Councilman DiTraglia asked if she was going to be running it.

Ms. Larkin stated no.

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

3.  Carnival (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, State Division of Taxation, Fire Marshall, and Electrical Inspector)

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

Manuel Aniceto, 78 Plymouth Avenue (02914) was sworn in by City Solicitor.

Mr. Aniceto stated that Thursday, June 21, 2007 would be a limited menu and no alcoholic beverages.  Friday full menu and beer through the weekend.

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

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

B & E Gas and Service, 3393 Pawtucket Avenue (02915)

Jules Yazbeck, 9221 Crandlebrook Road, Norwood, MA (02062) was sworn in by City Solicitor.

Mr. Yazbeck stated the station would be at 3993 Pawtucket Avenue (02915).

Councilman DiTraglia asked if he owned the building or renting.

Mr. Yazbeck stated he was renting.

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

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

Pepperonis of East Providence, LLC d/b/a Piezoni’s, 969 Broadway (02914)

Jose I. Ferreira, 4 Fairview Circle, Barrington (02806) was sworn in by City Solicitor.

Mr. Ferreira stated he has all kinds of pizzas, salads, pasta, sub sandwiches, no alcohol.  We have lots of pick up, some eating inside.

Mayor Ramos stated he did a great job renovating that building.

Councilwoman Perry asked have you operated an establishment like this previously.

Mr. Ferreira stated I’ve been in business for almost 20 years and this is my 7th place.

Councilwoman Perry asked when you expect to open.

Mr. Ferreira stated we are already opened. 

Mayor Ramos stated that he got all the approvals first and purchase food to start then came into the Clerks office thinking he was all set.  With Mr. Brown’s approval he was given a temporary license knowing he had all his approvals and would appear tonight for a license.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

VII.  PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage June 5, 2007.  Advertised – Prov. Journal –June 8, 2007.)

1) The following is an ordinance amendment regarding stop sign at Forbes Street (Southbound traffic) at Willett 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.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended to read as follows:

Forbes Street (southbound, left turning traffic) at Willett Avenue

SECTION II.  Subsection (c) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by deleting therefrom the following:

Forbes Street (southbound, right turning traffic) at Willett Avenue

SECTION III.  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, it is unanimously voted to dispense with the reading of the ordinance.

No one wishes to be heard.

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

VIII. NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.  Approval of the Sale of the Former Tristam Burgess School Surplus Real Estate

Mr. Brown is requesting approval for the sale of the former Tristam Burgess School site to Michael West Builders for the price of $754,000.00 subdivision into eight (8) buildable lots for construction of single-family homes.  Contingency offer of $576,000.00 for six (6) buildable lots.

Councilman Silva asked have we had this surveyed to know that it’s eight lots.

Mr. Brown stated we believe its eight lots, but it has to go through a process and we don’t know what might happen.

Councilman Silva asked if we approve eight today and he’ll build six.

Mr. Brown stated no, based on what is approved by zoning and planning.

Councilman Silva stated it’s about time, the neighbors will be happy.

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

2.  Award Contract for Citywide Roadway Improvements - Phase 1 of 2006 Bond Issue

Mr. Brown is requesting the contract be awarded to Cardi Corporation for $285,644.00.  This is for road improvements throughout the City.  These are projects approved in prior years and not completed.  They were community development funded, but did not have enough money to complete then.  We are adding this $285,644.00 to complete Grosvenor Avenue from Broadway to Taunton Avenue, Agnes, Reynolds, Baker and North Hull Streets.  Public Works Department is developing Asset Management System which will inventory and analysis the condition of our streets and roadways.  When we have that completed we will come back with more comprehensive road improvements. 

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)

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

COUNCIL BUSINESS

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

Mayor Ramos stated this was deferred from the last meeting because that was for information purpose.  I wanted help from legal.

Mr. Conley stated the bond stands approved.  The Council can defer going forward.  The Council can add money to it in the future and build a larger center because it has been scaled down.

Councilman Cusack asked the City Manager if he had a date he preferred.

Mr. Brown stated that minimum a year from this November. 

On motion of Councilman Cusack, seconded by Councilman DiTraglia, and on a roll call vote, it is unanimously voted to defer to November 2008.

Councilman Cusack stated although it is needed and decided we can’t afford it now.  The news of the budget of the House of Representatives, which will level fund education, that 3% that the school has been counting on won’t receive it, if this budget passes.  It’s worse than we thought a month ago.

2.  Letter from Chairman John F. Conley – East Providence Democratic City Committee (by Councilman DiTraglia)

Councilman DiTraglia stated we had a discussion of having a grant writer for the City of East Providence and I found out that different departments do grant writing.  Planning, Fire, Police.  There’s plenty more money to get.  I don’t want to insult anyone.  I’d like to look into a grant writer for a percentage of what they get.  I spoke with Jeanne Boyle and she does grant writing all the time.  In five years they did $26 million.  I don’t think the School Department does grant writing.  I’m just researching this and like to bring it back to the next meeting.

Councilwoman Perry stated I know Parks and Recreation, Police and School Department do grant writing, Superintendent and Teachers.

Mr. Brown stated the Fire Department just received a small grant from T.M.Globe for $9,000.00 for lap tops for offsite code enforcement activities.  That’s very small compared to the $1.2 million raised in the last couple of years.  The Police do a number of grants for their department.  The Urban Area Homeland Security in Providence set our safety people up to participate in that.  I have had a number of experiences with grant writers.  They’re expensive with the types of outfits you’re talking about.  I’ll be glad to sit with you and talk.  Too good to be true it generally is.  Grant commissions cannot be taken out of the grant money.  Grants require matches.  The General Fund is tight this year.  If we want to get a grant writer full or part time we need to analyze what we need to go after it, not go to a Federal register and apply for whatever is out there.

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

3.  Approve proceeding with the declaratory judgment action in Superior Court and beyond if necessary regarding the School Department health care buybacks (by Councilman DiTraglia)

Councilman DiTraglia stated he felt he voted the wrong way before.  I thought things would happen.  I don’t like being used by anyone for a vote.  This needs to go to Court; at least we can say we tried.

Mayor Ramos stated I agree with you totally, it didn’t happen so I’m on board with you on this issue.

Councilman Cusack applauded Councilman DiTraglia.  He said something that is very rare in a politician’s life.  Someone changing a position or vote even when new information comes up.  It takes a great deal of courage for Councilman DiTraglia to say he voted the wrong way.  He had certain hopes that weren’t realized but he felt that now he wants to go forward.  I brought this up at the last meeting and hoped we would have Mr. Larisa’s assistance but the important thing is to continue the effort.

Mayor Ramos stated I’m sure our Legal Department can handle this and if they want to ask for assistance I don’t want them to be tied to one person.  They can ask anyone including that person if they want.

Mr. Conley replied enthusiastically “I’m ready!”

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

Councilman Silva asked Mr. Conley if he got paid extra or by the hour for taking a case like this.  Will this cost our City anymore? 

Mr. Conley stated I don’t get paid anymore for doing a case like this.  This goes under my salary whether I’m working on another case for the City or this case.  I have lots of other cases that keep me busy but I’m ready for this one.   Despite some misinformation that appeared somewhere I didn’t see it.  I do not get paid by the hour to do these cases.

Mayor Ramos stated the Community was in a turmoil asking why I didn’t do something because it was stated you get paid by the hour.  I think these newspapers should check information before they print misinformation.

Councilman DiTraglia stated our only expense would be paper uses.

Mr. Conley stated if I didn’t use it for this I’d use it for something else.

4.  Board of Member of Canvassing - Thomas C. Riley counter action pursuant to 11-46 (by Councilman DiTraglia)

Councilman DiTraglia stated it was brought to my attention regarding some emails it’s not something that the Council or any other City employee would do.  It’s a shame that this has to come to the Council.  I think this is the first time.  I’m ashamed to see this in writing insult to the public and this person made no bones about sending this email.   I spoke with Mr. Conley and we have to follow a procedure that we have in an Ordinance and how we deal with disciplinary action.  If it was up to me Mr. Riley wouldn’t be in service for the City of East Providence.  We have to go by the law.  I hope this never happens again.   Nobody should be doing this.  This conduct is unacceptable.  Ashamed two people were targeted.  It’s despicable.

Councilman Silva asked what legal advice we have to take.  Isn’t this a potential law suit for the City?

Mr. Conley stated Section 11-46 outlines the procedures that Council can take disciplinary action.  The appointee has a right to a Hearing.  Notice is sent the Hearing is an opportunity for the person to be heard.  He can get an attorney to represent him and he decides if it’s public or in close section.  At the Hearing there will be facts and evidence presented and the Council will decide what and if any disciplinary action to more forward.

Councilman DiTraglia stated the two people involved wish no contact for the time being before the Hearing.

Mr. Conley stated Canvassing Authority is appointees if you wish to put regulations during the procedure the Council can.

Mayor Ramos stated we as a City can be sued.  It’s a Federal law we have to be careful for what’s going on in that office one employee harassing another employee.

Mr. Conley stated without communicating on the nature of the evidence but the City does have an obligation when an employee or appointee of the Council makes a complaint of harassment to investigate.

Councilman Silva asked is it in our powers to request that the alternate to take seating while this is going on.

Mr. Conley stated in regard to Section 11-46 I might suggest before you put an alternate to protect the right of the accused and not prevent them to serve on the board but also puts a regulation during this time period.

Councilman Silva stated no emails, no telephones, no harassing letters I would like something like that included in the motion.

Councilman Cusack asked Mr. Conley wouldn’t such restrictions have to be in a notice action even a verbal reprimand.

Mr. Conley stated this isn’t a disciplinary action this is a notice of a Hearing we all have to gather facts and then the Hearing will decide what and if any disciplinary action will go forward.  This is a regulation of the parties to have no contact outside of a public meeting.

Councilman Cusack stated on the nature of conduct protects rights of all especially the accused person.

Mayor Ramos stated I agree with Councilman DiTraglia and Councilman Silva protects everyone’s rights and these two ladies.

Councilwoman Perry asked if we do this written notice we wouldn’t know specifically what the discipline would be.

Mr. Conley stated no we don’t have all the facts yet.  That’s why you want this to come before a Hearing.  The Council has received communication from the Chair of Canvassing Authority alleging harassment from another member of the board based on email communications as the basis.  I asked the City Clerk to canvas the City Council for an appropriate meeting date during the tenancy before the Hearing no contact from Mr. Riley with the Chair or the Clerk other than the business transactions of public meetings.  Is that the action of what the Council wants?

Mayor Ramos stated yes.

Councilman Silva asked is that no contact going to start now or when he gets the letter.

Mr. Conley stated when he receives the notice.  It would be at best not to race off a lot of emails now.

Councilman DiTraglia asked how long to send letter.

Mr. Conley stated tomorrow if not the day after.

Councilman Cusack stated first we were discussing looking at facts now a notice is being sent.  Would a   notice be for fact finding or as little as a verbal warning right up to removal.

Mr. Conley stated as little as nothing or up to removal. 

Councilman Cusack stated we can’t prejudge, the subject of these emails is the lack of meetings of the Canvassing Authority and the timing of them given the substance not the form has to do with something very important.  The form is an issue as characterized by Councilman DiTraglia as in poor taste.

Mayor Ramos stated it seems you really understand what’s going on.  Everyone gets treated fairly.  You already determined there weren’t enough meetings that’s not your roll.  That’s the roll of the Chair.

Councilman Cusack asked Mr. Conley to answer his question.

Mr. Conley stated if the City Council determines that the appointee was derelict in the performance in any way it has a process to go through to address that issue.

Councilwoman Perry stated although the substance of the emails was about meetings that’s not why we have this on the docket tonight.  It’s the conduct of the person who sent those emails.

Councilman Silva stated we also have an obligation to respect our employees too.  They don’t have to tolerate this stuff.

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

Mr. Riley asked to speak.

Councilman Silva stated absolutely not Mr. Riley will have his Hearing when he can speak.

5.  Yard Waste Regulations (by Councilwoman Perry)

Councilwoman Perry stated yard waste is not being picked up.  I was told that if it’s too heavy they won’t pick it up.  One person has to be able to pick it up. 

Mayor Ramos stated he’s overwhelmed with the number of calls on this issue.

Councilman DiTraglia stated Mr. Brown and he had talked I thought it was certain areas but now I’m hearing that it’s all over.

Mr. Brown stated we do have regulations.  We’re going into an online tracking system which will help.

Mayor Ramos stated we used to have a Fall and Spring cleanup we should give something to the taxpayers.

Councilman Silva stated yes twice a year Fall and Spring anything goes.  Washing machines, boilers, etc.  It was a time for the neighbors to clean their basements and backyards.  It was free I like to see the feasibility.

Mayor Ramos stated Mr. Mutter was telling me about another program.  They have it in Woonsocket, Providence and West Warwick.

Mr. Brown stated big totes, added cost, vehicles, first couple of years would be costly.

Councilman DiTraglia asked how long the contract with vendor we have now is.

Mr. Brown stated two more years.

Mayor Ramos asked can we look at it, have Mr. Mutter make a presentation.

6.  Sign Ordinance (by Councilwoman Perry)

Councilwoman Perry stated there are yard sale signs out there.  Its bad enough they’re not supposed to be there, they don’t take them down.  There’s a Tupperware sign that hasn’t been taken down, the party was in April.  We should get the address and send them a letter or summons.  We need to take them down.  If we got $5.00 for all the yard sale signs I see we would collect a lot of money for the city.  Someone called me and said a sign was blocking the walkway on the sidewalk.

7.  Raise the Salary Harbormaster – S. Bruce Dufresne from $9,000.00 to $12,000.00 (by Councilman DiTraglia)

Mayor Ramos asked Councilman DiTraglia your not asking for a raise for the Harbormaster are you.

Councilman DiTraglia stated he shouldn’t have put this on the docket just a request to discuss it.  He’s doing a great job for 10 years and hasn’t had a raise and I want the residents to know the revenue from the docking, permits and mooring is what pays for his salary not the taxpayer’s money.  I’ll talk to the City Manager to see how we can do this.

Mayor Ramos stated be careful about people coming to us.  I don’t want the Council to start getting into raise my salary.

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

C.  COMMUNICATIONS

1.  Melissa Carvalho, 21 Borden Street (02915) was sworn in by City Solicitor. 

IX.  ADJOURNMENT

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

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

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    July 17, 2007