I.    CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

October 24, 2007 - Special Meeting

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

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.   PROCLAMATIONS & PRESENTATIONS

East Providence Beautification Commission Annual Awards Ceremony - Joe Gibson, Chairman

Mr. Gibson introduced the Commission Members, Jacquelyn Bourne, Secretary, Hilda Andrews, Alyce Arden, Peg DeAngelis, Alan Gilmore, Louise King, Amando Ladeira, Anne O’Hara, George Page, Celeste Radock, Edna Snow, City Representative: Steve Mutter, & Parks Supervisor: Mike Bartlett.

Mr. Gibson stated we are here tonight honoring sites:  A1 Custom Auto Body Works, Inc., Augusto W. Saobento Law Offices, 410 Realty LLC, Bowen Court Condominiums. Honorable Mention Award:  Roger Williams Spring.

III.  APPOINTMENTS

1.   Economic Development Commission (by Mayor Ramos)

John Baxter (for a term ending 11/20/12)

38 Bridgham Farm Road (02916)

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

2.   Juvenile Hearing Board (By Councilman Silva)

Samantha Branco (Reappointment - for a term ending 11/1/09)

40 Anthony Street (02914)

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

3.   Beautification Commission (By Councilman DiTraglia)

Joseph Gibson (Chairperson) (Reappointment - for a term ending 12/1/10)

12 Waterview Avenue (02915)

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

4.   Beautification Commission (By Councilman DiTraglia)

George Page (Reappointment - for a term ending 12/1/10)

22 Grassy Plain Road (02915)

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.   Holiday Sales (Subject to approvals from Chief of Police, Building Inspector, FireMarshall)

From:  Salim, Ghazi, d/b/a Ghazi’s Sunoco, 411 North Broadway (02916)

To:  J R Sunoco

John Rodrigues, 55 Vineland Avenue (02916) was sworn in by City Solicitor.

Councilman Cusack asked if Mr. Rodrigues worked there now.

John Rodrigues stated he does and he’s the buyer.

Councilman Cusack asked if he was going to make changes.

John Rodrigues stated no.

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

2.   Laundry/Dry Cleaner (Subject to approvals from Chief of Police, Building Inspector, Fire Marshall)

Kardav, Inc., d/b/a City Bubbles, 316 Warren Avenue (02914)

Albertino R. Milho, 130 Brightridge Avenue (02914) was sworn in by City Solicitor.

Councilman DiTraglia asked if the laundry was there and you’re just changing name and owner.

Mr. Milho stated yes.

Councilman DiTraglia asked will you be running it.

Mr. Milho stated no, my daughter will.

Councilwoman Perry asked if the building was going to be pink.

Mr. Milho stated I don’t know yet.

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

3.   Laundry/Dry Cleaner (Subject to approvals from Chief of Police, Building Inspector, Fire Marshall)

Specialty Cleansing Co., Inc., d/b/a Specialty Cleansing Co., 17 Forbes Street (02915)

John A. Fargnoli, 21 Lynde Street, Providence (02908) was sworn in by City Solicitor.

Mayor Ramos asked if he ran one of these before.

Mr. Fargnoli stated he’s been in business from 1981 and the Corporation since 1946.

Councilman Silva asked if this was a transfer.

Mr. Fargnoli stated what happened was a clerical error the license was not renewed so we reapplied.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

V.   PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE          

VI.  SHOW CAUSE HEARING - SPECIAL OFFICER EDWARD THORNTON

Edward Thornton, 65 Fifth Street (02914) was sworn in by City Solicitor.

Mayor Ramos asked if you want the hearing in private or public.

Edward Thornton stated private.

Mr. Conley stated the Council can defer at the close of this meeting to go into executive session or set up a date.

After discussion it was decided to do it tonight at the conclusion go into executive session.

VII. CONTINUED BUSINESS

XI.  NEW BUSINESS

A.  REPORTS OF OTHER CITY OFFICIALS

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

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

B.  COUNCIL BUSINESS

1.   Skating on Willett Pond (By Councilman DiTraglia)

      Councilman DiTraglia stated we did a report on this and Jones’ Pond and discuss this with Mr. Brown and we want to add a few more things so I would like to defer till the next meeting.

A.  INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the

next regular Council Meeting to be held on December 4, 2007 for a public hearing and consideration of final passage).

1.   The following is an ordinance amendment regarding public hazard.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14

OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED

"STREETS AND SIDEWALKS".

           THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

            SECTION I.  Sec. 14-50 entitled “Definitions” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

            Public hazard means a dead, weakened or diseased tree or one containing signs and/or symptoms of a hazard tree as described by the International Society of Arboriculture and/or Society of Municipal Arborists.

            SECTION II.  Sec. 14-52 entitled “Tree commission; powers and duties; meetings” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

            (a)  Created; composition; appointment. There is created a tree commission, hereinafter referred to as the “commission” which shall consist of six members five members, including two ex officio positions. Such members shall consist of a member of the city council selected by the council, the director of public works or his authorized representative, the city forester who shall be ex officio, and three other persons who shall be qualified electors of the city and shall not be public officeholders of the city. These three persons shall be appointed by the mayor subject to confirmation by the city council for a term of two years and shall be appointed in accordance with provisions of the Charter and they shall serve on the commission without compensation. The city council, when appointing members to the East Providence Tree Commission, shall give consideration to those persons interested in the conservation and preservation of trees and the urban forest of East Providence. The commission shall, to the extent practicable, include:

      (1)  One licensed arborist;

      (2)  One professional landscape architect or landscape gardener;

      (3)  Three members shall be lay citizens;

      (4)  The city forester and a member of the city council shall both be ex officio.

            (b)  Powers and Duties. The tree commission shall have the following powers and duties:

            (1)  The jurisdiction over all forestry functions including the planting, care and removal of trees, shrubs and other plants on the properties for which it is responsible. The tree commission shall do all acts necessary and proper for the care, management, improvement, maintenance and protection of the public parks and street trees under its jurisdiction.

            (2)  The duties of the tree commission shall be interpreted to include, but not be limited to the protection, maintenance, removal, and planting of trees on public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city.

            (3)  The tree commission shall appoint an appropriately constituted search committee of the tree commission to recommend for appointment by the city council a city forester and such search committee shall base their recommendations on a personal interview, education, experience, general qualifications and references.

            (4)  The tree commission shall hear and decide appeals from the standards of this article or an appeal of a decision of the city forester. It may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case. The commission shall act upon all appeals as expeditiously as possible and shall notify the applicant in writing within five days of the action taken by the commission on the appeal.

            (c)  Regular and special meetings; quorum. Regular meetings of the tree commission shall be held quarterly or as needed. Special meetings shall be held as often as the board shall determine them to be necessary. A quorum for the transaction of business at all regular and special meetings shall be three members with full voting powers.

            SECTION III.  Sec. 14-53 entitled “City forester—Appointment; qualifications” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

            The city forester shall be recommended by the Director of Parks and Recreation, approved by the City Manager, and appointed by the city council. based upon recommendations from the tree commission and he The city forester shall be a person holding at least a bachelor’s degree from an accredited college or university in arboriculture or a related field or the equivalent in training or experience.

            SECTION IV.  Sec. 14-55 entitled “Same—Authority” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

            (h)  Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five (5) days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five (5) days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).

            Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five (5) business days of the decision.

            SECTION V.  Subsection (c) of Sec. 14-58 entitled “Planting of trees upon any public street or public place” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

            (c)  Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding twenty (20) feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained.  (R.I.G.L. § 45-2-43).

            SECTION VI.  Sec. 14-64 entitled “Appeals” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

            (c)  If the applicant remains dissatisfied with the ruling of the tree commission, the applicant may appeal to the municipal court.  Notice of the appeal must be filed within ten (10) business days of his or her receipt of the commission’s decision.  This notice must be in writing and directed to the city forester and the city manager.

            (d)  No tree subject to the provisions of this chapter shall be removed or in any way altered during the pendency of an appeal, unless deemed a public hazard by the City Forester pursuant to Sec. 14-55 (h).

            SECTION VII.  Sec. 14-65 entitled “Violation and penalty” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

            Notice of Violation.

            (a)  First Notice of Violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:

            (1)  Be in writing;

            (2)  State the alleged violations applicable to this section;

            (3)  Describe the property where the violations are alleged to exist or have been committed;

            (4)  Provide a reasonable time, as stipulated by the City Forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;

            (5)  Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;

            (6)  Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;

            (7)  After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;

            (8)  No notice shall be recorded if a hearing has been requested, received, and/or under appeal;

            (9)  No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.

            (b)  Reinspection.  After the appropriate time period, as stipulated by the City Forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.

            If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the City of East Providence to purchase and plant new trees/vegetation whether performed by the Parks Division of the City of East Providence or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.

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

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.

Councilwoman Perry asked who requested the ordinance.

Mr. Conley stated this comes from our Tree Warden he has taken our tree ordinance and added to it   bringing us up to date with the State Law and Federal Regulations.

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

2.   The following is an ordinance amendment regarding Handicapped parking on Leonard 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.  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 18-315 entitled “Reserved parking designated-Handicapped parking.” is amended by adding thereto the following:

            LEONARD AVENUE in front of house number 55    

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

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

3.   The following is an ordinance amendment regarding Handicapped parking on Circuit Drive.

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 18-315 entitled “Reserved parking designated-Handicapped parking.” is amended by adding thereto the following:

CIRCUIT DRIVE in front of house number 119

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

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

D.        COMMUNICATIONS

1.   John F. Conley, Chairman East Providence Democratic City Committee submitted names for consideration for appointment as alternate to the East Providence Canvassing Authority.

Mayor Ramos stated he had the letter with five names.  The first name for nomination is John B. Botelho, 74 Plymouth Road (02914).

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

2.   Jon Bograd, Rhode Islanders for Fair Elections, 75 Waterman Avenue, Providence (02912) Requesting to address the Council regarding Fair Elections.

            Mr. Bograd was unable to make this meeting and it was deferred to the next meeting.

3.   Jeffrey M. West, 25 Wilson Avenue (02916) Requesting to address the Council regarding the Rumford Fire Station.

Jeffrey M. West, 25 Wilson Avenue (02916) was sworn in by City Solicitor.

Mr. West stated after leaving the last council meeting I was not impressed with some of the comments.  Councilman Cusack you indicated you’re an abutter of 1,000 feet there were a lot of people closer perhaps it was because of your Political association with former Mayor Larisa and Councilman Rogers.  We have had problems with one city building after another.  You said you had nothing to do with the interior you only worked on the exterior design I never saw the minutes so I don’t know.  Mr. Brown you indicated you would try to solve the problem with variances or accepting at a reduce price.  I’ve heard a lot of different things.  Example the bid packet says no electricity would go through water area we have electricity through a water closet.  Mr. West got out a tape recorder and played at tape of 11/14/02 Pat Rogers flat out denial and the statements made on this tape are incorrect. It makes it difficult for people to do their job when we have people like this.  We need to get to the bottom of this so it will never happen again.

Councilman Cusack stated in reference to our last meeting where I voiced my hope that we would correct whatever is arie over there and seek redress of any liability parties hired by the City.   Pacheco Ross packet isn’t the gospel it’s subject to interpretation.  I’d like to find out the committee I served on was concerned about the exterior because the most historic sites in the state.   Historic ring of the green is there the historic Rumford Chemical many historic aspects so because of that there was interest and that’s how the design review committee in keeping with the surrounding.  That was my interest and was pleased to serve on it.   It had nothing to do with the function of that building.  If there is problems with that building let’s fix it.  I thought people who live in Ward 1 would be happy with my comments. This is someone who ran unsuccessfully against Patrick Rogers the person who he played a tape from 2002 I hope we can address the issues.

Mayor Ramos stated Mr. West and Mr. Bowden had a concern about this building a long period of time when I first was on the Council there’s a lot of things.  I’ll be in touch with the Chief and I want to tour the building you’re welcome to come with me.

Councilman Cusack stated I would like to as it relates to the Pacheco Ross Report.

4.   Jack Fahey, 2535 Pawtucket Avenue (02914) Requesting to address the Council regarding a city in fiscal chaos.

Jack Fahey, 2535 Pawtucket Avenue (02914) was sworn in by City Solicitor.

Mr. Fahey stated I was at the school committee meeting last week and apparently approved the contract for the custodians.  There was discussion but no impact statement they didn’t present it.   Would the City Council require a fiscal tax study before ratifying the contract with the school committee?

Mr. Brown stated I received the notice of approval last Friday and there were two reasons it wasn’t on the docket one because it was received to late and two I want to have a fiscal analysis impact statement presented with it by School Superintendant and the City’s Director of Finance.  

Mr. Fahey stated on behalf of the Taxpayers Association   I would like to thank the City Manager and the City Council for taking this action we clearly believe this is the best interest of the citizens of the City.

Mayor Ramos asked Mr. Conley’s advice.

Mr. Conley stated at this time you need a motion pursuant to RIGL 42-46-5a1 to go into executive session at the request of Mr. Thornton regarding his job performance hearing.

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

XII. ADJOURNMENT

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

Mayor Ramos adjourns the meeting at 8:30 p.m.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

 Approved:    December 4, 2007