CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNALS

July 15, 2008 – Regular Meeting  

ALCOHOLIC BEVERAGE-CLASS F – AUGUST 24, 2008

Cape Verdean Museum Exhibit, 1003 Waterman Avenue (02914)

HOLIDAY SALES (Transfer)

FROM:  Singh, Manpreet, d/b/a Payless Food Mart, 327 Warren Avenue (02914)

TO:  Durand, Marie R., d/b/a Payless Food Mart, 327 Warren Avenue (02914)

VIC/NOT OVER 25 (Transfer)

FROM:  Singh, Manpreet, d/b/a Payless Food Mart, 327 Warren Avenue (02914)

TO:  Durand, Marie R., d/b/a Payless Food Mart, 327 Warren Avenue (02914)

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

PROCLAMATIONS & PRESENTATIONS

East Providence Battle Monuments Foundation, Inc. –Mayor Ramos presented- Glenn A. Maciel, President and Thomas Currier, Vice President.

Friends of Pomham Rocks Lighthouse – Councilman DiTraglia presented – Dave Kellerher

Jonathan Plante – Councilwoman Perry presented

APPOINTMENTS

HARBOR MANAGEMENT COMMISSION (by Councilman Silva)

Anthony Perry (reappointment term ending 08/19/10)

119 Lyon Avenue (02914)     

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

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

B – FULL PRIVILEGE (TRANSFER) (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, State Division of Taxation and Fire Marshall).

FROM:  CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)

TO:  Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)

Attorney Thomas Romano representing the applicants for a transfer of the liquor license for the Estrela Do Mar Restaurant the intent is to continue the same operation transferring ownership with the understanding that the approvals will be subject to several objections and have every intent on satisfying those.

No one wishes to be heard.

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

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

Warren Avenue CVS, Inc., CVS Pharmacy #2347, 640 Warren Avenue (02914)

Attorney John Pariseault representing CVS Pharmacy spoke on the operation of the CVS which  has been open 24 hours based on the Pharmacy exception in section 8-5 of the Cities Code of Ordinances.

Maria Torres, 151 Berkeley Street was sworn in by City Solicitor.

Ms. Torres states she is the store manager and it is in a commercial area with several pharmacies that are open 24 hours and do have drive thru.  The 24 hour operation is for the convenience of our customers.

No one from the public wishes to be heard.

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

SECOND/AUTOS & TRUCKS (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall).

Barbosa, John E., d/b/a Aggressive Collision Center & Auto Sales, 5 Eastern Avenue (02914)

John Barbosa, 5 Eastern Avenue (02914) was sworn in by City Solicitor.

Mr. Barbosa stated he is here for Aggressive Collision looking for approval of the City Council.

No one from the public wishes to be heard.

Councilman Silva asks if there is adequate parking to have auto sales plus the collision center and Mr. Barbosa states yes there’s plenty of parking.

Councilman Cusack asks if there is any variance required for this use.

Mr. Conley states he doesn’t know the zone that 5 Eastern Avenue is located in, but as part of the inspection from the building or zoning officer if a variance is required the license can’t be issued because it needs their approvals.

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

ALCOHOLIC BEVERAGE CLASS A RETAIL (CORPORATE NAME CHANGE) (Subject to approval from State Division of Taxation).

FROM:  Douglas Wine & Spirits - East Providence, Inc.

TO:  Liquor Depot East Providence, Inc., d/b/a Wine & Spirits Depot, 1235 Wampanoag Trail (02915)

Attorney Joseph Keough Jr., Keough & Sweeney, Ltd 100 Armistice Blvd., Pawtucket (02860) on behalf of the applicant this is an application for a corporate name change.  It’s been approved at the Secretary of State’s office; we are here for your approval.

No one from the public wishes to be heard.

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

SECOND/MISC (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall).

Global Business Management, Inc., d/b/a GBM Clothing Store #401, 332 Bullocks Point Avenue (02915)

Johnathan DeBarros, 480 Bullocks Point (02915) was sworn in by City Solicitor.

Mr. DeBarros states he is here on behalf of Global Business Management Inc doing business as GBM Clothing Store #401 we are requesting a license to be open holidays and resale.

Councilman Cusack questions the name of the store and Mr. DeBarros states GBM Clothing Store is a division of GBM Inc., the name of the store is Jishanalis.  Councilman Cusack asks how many stores Global Business Management Inc. has and Mr. DeBarros states this is the only retail store.  Councilman Cusack asks if there are other businesses and Mr. DeBarros states no.

No one from the public 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. 

LICENSES NOT REQUIRING PUBLIC HEARING

HOLIDAY/SALES (Approvals from Chief of Police, Building Inspector and Fire Marshall

Global Business Management, Inc., d/b/a GBM Clothing Store #401, 332 Bullocks Point Avenue (02915)

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

VICT/ OVER 50 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)

FROM:  CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)

TO:  Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)

Carlos Andrade, 5 Fox Hollow Lane, Sharon, MA (02067) was sworn in by City Solicitor.

Councilman Cusack asks Mr. Andrade if he was the owner the last couple of years and he states yes this is just a name change.

Councilman Silva asked if this is an ownership change.  Attorney Romano states Mr. Andrade also owns the new corporation Sao Miguel Eateries.  Councilman Silva states the property is one ownership and the restaurant will be in another ownership.

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

B-LIMITED SIX MONTH - REVIEW OF LICENSE – Granted February 19, 2008 for six months (Subject to approval of Division of Taxation)

TLM Associates, Inc., d/b/a Figaro’s Pizza, 430 Newport Avenue (02916)

Mr. Antonio Oliveira declined sending a letter stating he’s no longer in business.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

HIGHWAY ABANDONMENT – “SPIRAL PATH”

Petition for highway abandonment on “Spiral Path” from Sunnyside Avenue (F/K/A Shore Drive) to terminus is cul-de-sac as shown on a recorded plat of land entitled “Boyden Heights East Providence, RI.

Petitioner:  Anne B. Greene, 21 Sunnyside Avenue, Riverside, RI 02915   

Attorney:  Roger C. Ross, Blais Cunningham & Crowe Chester, 150 Main Street, Pawtucket, RI 02860

Advertised:  East Providence Post – August 1, 8, & 15, 2008

Notice sent to Utility Company – July 28, 2008

Notices served abutters – August 1, 2008

Planning Board Recommendation

Attorney Roger Ross explained the property issues.

Councilman Cusack asks if this property abutted the water and Attorney Ross stated no.

Ms. Boyle states we had no objections and believe it evens out the line most, we feel it’s a reasonable proposal.

No one from the public wishes to be heard.

Attorney Roger Ross states that there is a Resolution on the docket and I have one issue part of Resolution is for the Director of Public Works to issue not a public way at either end of the abandon property the spiral path.  The Western end is in the middle of my client’s back yard and we would prefer not to have a sign in the middle of the yard.

Mr. Conley states the reason that language is in there is from the State statue.  As a practical matter the Director will exercise his sound discretion.

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

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to change the order of business to do the Resolution at this time. 

ABANDONMENT OF “SPIRAL PATH”

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon Spiral Path from Sunnyside Avenue (f/k/a Shore Drive) to the cul-de-sac as shown on a recorded plat of land entitled “Boyden Heights, East Providence, RI” surveyed and drawn August 1910 by J.E. Judson, C.E., Recorded on Plat Card 134 and on Tax Assessor’s Map 209 on Block 3 dated January 16, 2008 situated in East Providence, County of Providence, State of Rhode Island.

WHEREAS, said petition, having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on August 19, 2008:

It is hereby ORDERED, ADJUDGED, and DECREED that Spiral Path from Sunnyside Avenue (f/k/a Shore Drive) to the cul-de-sac as shown on a recorded plat of land entitled “Boyden Heights, East Providence, RI” surveyed and drawn August 1910 by J.E. Judson, C.E., Recorded on Plat Card 134 and on Tax Assessor’s Map 209 on Block 3 dated January 16, 2008 situated in East Providence, County of Providence, State of Rhode Island, described as follows:

That certain lot or parcel of land with all buildings and improvements thereon, located on the westerly line of Sunnyside Avenue in the City of East Providence, County of Providence, State of Rhode Island and bounded and described as follows: Beginning at a point on the westerly line of Sunnyside Avenue at the northeast corner of a parcel of land labeled Spiral Path as show on that plan entitled "BOYDEN HEIGHTS EAST PROVIDENCE R.I. SURVEYED AND DRAWN BY J.E. JUDSON, C.E. AUG. 1910" and recorded on plat card # 134 in the City of East Providence land evidence records. Said point also being southerly along the arc of a curve (140.01) feet from the southerly line of Boyden Blvd., said curve forming a chord angle with Boyden Blvd. of 122°39'58" and having a delta angle of 15°29'08", a radius of (518.00) feet and a chord distance of (139.58) feet;

Thence running westerly (77.82) feet;

Thence running westerly, southerly and northerly along the arc of a curve to the left (110.19) feet, said curve forming a chord angle with the previous course of 41°30'10" and having a delta angle of 315°40'25", a radius of (20.00) feet and a chord distance of (15.09) feet;

Thence turning a chord angle to the right against the previous course of 138°29'51" and running easterly (62.00) feet to the westerly line of Sunnyside Avenue;

Thence running northerly along the westerly line of Sunnyside Avenue and along the arc of a curve to the right (10.97) feet to the point and place of beginning, said curve forming a chord angle with the previous course of 114°18'58" and having a delta angle of 1°12'50", a radius of (518.00) feet and a chord distance of (10.97) feet. Said parcel contains (1,941) square feet of land more or less.       

Said abandoned road parcel containing 1,941 square feet of land and is shown on a plan entitled, “East Providence, RI plan of land prepared for Anne Greene Class 1 survey of Map 202 Block 3, Lot 9 Sunnyside Avenue by Marsh Surveying Inc. 640 Geo. Wash. Hwy. Lincoln, RI (401) 334-0600 June 26, 2007” be and is hereby abandoned as a public highway by reason of the fact that Spiral Path from Sunnyside Avenue (f/k/a Shore Drive) to the cul-de-sac as shown on a recorded plat of land entitled “Boyden Heights, East Providence, RI” surveyed and drawn August 1910 by J.E. Judson, C.E., Recorded on Plat Card 134 and on Tax Assessor’s Map 209 on Block 3 dated January 16, 2008 situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public.

It is further ORDERED, ADJUDGED, and DECREED that after due appraisal, it is determined that there is no damage sustained by the abutting property owners by reason of said abandonment, and, therefore, no award of damages shall be made; and

It is further ORDERED, ADJUDGED, and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described, having thereon the words “Not a Public Highway”; and

It is further ORDERED, ADJUDGED, and DECREED that after entry of this decree the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County, and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said Spiral Path as hereinabove described who is known to reside within this state.  

NEW BUSINESS

CITY MANAGER’S REPORT

TOCKWOTTON TAX STABILIZATION AGREEMENT

Mr. Brown states we discussed the relocation of their facility for some time.  Negotiating a number of issues one of the more crucial ones was a pilot payment in lieu of taxes agreement.

This is a proposal for a pilot agreement.  Tockwotton is a tax exempt organization and there is no requirement that they pay taxes, but as a result of this agreement they voluntarily enter into an agreement with the City to make a payment.  One is the assessed value of the property they will be building and then what we determine would be an appropriate rate for nonprofit activity and I’m asking for Council to approve the agreement.

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

INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS (IBPO) COLLECTIVE BARGAINING NEGOTIATIONS

Mr. Brown states result of previous agreement there would be no increase this year they have tentively agreed to 2009 no salary increase 2010 and 2011 3% increases and 2012 wage reopener in the same time we negotiated increases in health care coverage the present rate is $14.00 for our police officers per week it will be going 2009 $16.00, 2010 $18.00, 2011 $20.00 for current employees for new employees 2008 and 2009 $32.00 per week, 2010 $35.00, 2011 $40.00.  I’m recommending that Council approve this.

Councilman Silva commended Mr. Brown and the negotiating team for their efforts on their contributions for their health benefits.

Councilman Cusack asks what percentage is the increase and Mr. Brown states 11% for the single plan, 4.8% for the family plan because is more expensive, by the last year 2011 it goes to 15.9% and to 6.95% for current employees the new hire is family from 11% to 13.9% single from 25% to 31.8%.  Councilman Cusack feels that this is low 7% for the family plan.

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

 REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley presents Claims & Litigation Report from August 19, 2008

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

TAX INCREMENT FINANCING (TIF) PROJECT PLAN (by Jeanne M. Boyle – Director of Planning)

Ms. Boyle states in your packets you received a copy of the draft of the Special Waterfront Development Tax Increment Financing Project Plan.  Adoption of this is a precursor of a requirement of a State Enabling Law in order for the City Council to consider use of Tax Increment Financing for financing of any of the infrastructure improvements that may be required for improvements in the Waterfront District.  Ms. Boyle explains the pay as you go TIF or a traditional TIF Plan.

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

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to change the order of business to rename Central Avenue Park at this time. 

COUNCIL MEMBERS

RENAME CENTRAL AVENUE PARK TO ONNA W. MONIZ-JOHN NEIGHBORHOOD PARK (by Mayor Ramos)

Mayor Ramos spoke highly of Onna W. Moniz-John and the many years of work she did.  Neighborhood Day was this past Saturday and it was an unbelievable event.  I am recommending that Central Avenue Park be renamed Onna W. Moniz-John Neighborhood Park.

Ms. Moniz-John thanked the Council and the many people who have been involved with the Park.

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

On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to return to the regular order of business.

PROPOSED DONATION OF LAND TO THE CITY OF EAST PROVIDENCE (by Jeanne M. Boyle – Director of Planning)

Applicant/Owner:  John L. Marshall, III and Joananne Marshall, Marshall Properties LLC

Street Address of Properties: 0 Amaral Street

Map 608, Block 2, Parcels 13 and 14

Ms. Boyle these two parcels of land that the City and the Conservation Commission have been very pleased to have offered to us. We hope the Council will look favorably on this donation.

Councilman DiTraglia wanted to thank them for the donation.

Councilwoman Perry commented on how big it is and Ms. Boyle states over 20 acres.  Councilwoman Perry asks if it’s buildable and Ms. Boyle states no because it doesn’t have any access to a street.  With its connection next to the cemetery we have had some discussion with the dioceses of Providence about trying to get either thru easement or donation of portion of their property along the Runnins River.  Also there is companion easement as part of this proposal tonight and the easement is being obtained from an abutting property owner so we can get physical access to the property at 50 Catamore Boulevard for pedestrian and emergency access.  We are also asking that 20’ wide access be accepted by the City Council.  The Council would like to acknowledge and thank the people involved.

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

MODIFY PREVIOUSLY AUTHORIZED EASEMENTS ON CITY OWNED PROPERTY BEING HUNTS MILLS (map 505, block 1, parcel 1) AND THE TURNER RESERVOIR DAM (map 604, block 1, parcel 45) AS PART OF THE TEN MILE RIVER FISH RESTORATION PROJECT. (by Jeanne M. Boyle, Planning Director)

Ms. Boyle states this is a housekeeping change the previous easement that came before the Council was approved this is more specific to modify the easement and have more details and specific language with the benefit of the survey so I would ask the Council’s approval of this modified survey and easement language.

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

On motion of Councilman DiTraglia, seconded by Councilman Silva, it is unanimously voted for a five minute break. 

COUNCIL MEMBERS

CONSOLIDATION OF CITY LEGAL SERVICES (by Mayor Ramos)

Mayor Ramos states he would like to look at consolidation regarding legal services on the school side with the legal services here in the City Hall.  We have a new Superintendent, but we were looking into that goal.

Mr. Brown states my folks have met with their counterparts on the school side and they have been developing plans for moving forward a couple of things are negatively impacting the ability to move.  One some changes in the finance section of the school system the other is that in order for this to move forward you need to have a champion in both organizations and the school Superintendent leaving has had her focus on transitioning issues.  I’ve asked my administration assistant to schedule a meeting with me and the new Superintendent to go over these issues.

Councilman Cusack states a couple of years ago we talked about consolidation of legal services there was no support for it and at that time it would save money now it would cost money.  On the school side we hired a labor relations specialist someone with long experience on the employer side.

Councilwoman Perry states I understand what Mr. Cusack is saying but in deference to our own law department I think any idea of consolidation in the future I certainly would have faith in our own law department because they are a professional group and I’m sure they can handle a lot of the business that the school department needs.

Councilman Cusack asks Councilwoman Perry would want to go into these negotiations with professional tough labor lawyers on the other side of that table when you have and opportunity with someone qualified in that particular way and she said absolutely but there are a lot of things like having an attorney at the school meetings.  Councilman Cusack states they’re looking at that if they have to have a lawyer present at the meetings.

OUTDOOR CLOSED IN FIREPLACES (by Mayor Ramos)

Mayor Ramos states he has been getting calls about people who have been purchasing these units and can’t use them.

Mr. Brown states we have an ordinance that prohibits open burning outside and the initial concerns on this resulted from complaints from neighbors.  I am meeting with our Fire Prevention Officer and Fire Chief on Friday and we’re going to be addressing this issue.

ENFORCE A FINE FOR YARD SALE SIGNS (by Councilman DiTraglia)

Councilman DiTraglia states what really bothers him is the signs are up for a month or two.  They’re not supposed to be putting signs up and I think they should be fined.  We have an ordinance and it should be enforced.

Mayor Ramos asks what about we sell houses and now we clean carpets signs.

Councilman Cusack states these businesses don’t pay any taxes to East Providence; I’m so upset about this visual pollution, they’re illegal.  I would like to see higher fines and see the enforcement.

Councilman DiTraglia states it is against the law to put anything on a pole in the State of RI.

Councilwoman Perry states there is and ordinance that states they can keep their signs up for twelve hours and they’re supposed to get a permit for $5.00 and are allowed three per year.  I would suggest that the clerk could make a list of who has permits and submit to the Police Department.  We need to enforce it.

Mr. Brown states we need to refer the issues that are on the docket to the law department and the other part is enforcing the existing ordinance and I’m working with my department heads on that.

Mr. Conley states the current ordinance is that each day it is up is a separate offense and the find rate is not less than $25.00 or more than $100.00 for each offense. You probably have a lot of people who don’t get a permit.

Councilwoman Perry suggests we could increase the permit fees and make some yard sale signs with the City seal and those would be the only signs allowed.  When the Police drive around and see a purple sign they would know they didn’t have a permit.   It is something to think about.

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

INCENTIVE FOR SENIORS TAX BREAK (by Councilman DiTraglia)

Councilman DiTraglia states I would like to see this go on I think it’s a good idea. 

Mayor Ramos asks we have someone who is working off their taxes and they get injured are we responsible.  Councilman DiTraglia yes they would be under the City.  Mr. Conley agreed.

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

DISCUSSION OF MANAGEMENT LETTERS FOR AUDIT OF CITY FINANCES AND FOR WASTEWATER ENTERPRISE FUND, 10/31/07 (by Councilman Cusack)

Councilman Cusack states we received the audit with a management letter which sets up recommendation on how things could be improved.  The City has answered all these recommendations sometime saying yes we comply we agree and other times say we will try to comply and other times we said no we don’t necessarily agree. 

Mr. McDonald went over the ten recommendations. 

USE OF ROSE GARDEN SOCCER FIELD (by Councilman Cusack)

Councilman Cusack states we installed a new field behind Martin Middle School and then some kid took a vehicle and vandalized it then we repaired that and it took a long time for the field to take so the kids in East Providence couldn’t use it for a long time.  Similarly we invested a lot of money at Glen Lyon behind Myron Francis School.  After we installed that field the Parks and Recreation Department stipulated to the local soccer organizations that this is a game field this is not for practicing we’re going to put a fence around it.  I’ve had some calls recently why is Bayside United using our fields.  You have to let fields rest.  Are they paying us for the use?  Our number one priority is our kids.

Mr. Brown agreed and is looking into policy.

Councilwoman Perry asks and receives unanimous consent to give notice of a resignation on one of the boards.  I received a phone call and a letter tonight from Christopher Smith who is on the zoning board for Ward 3.  Due to personal reasons he has to resign effective immediately.  I checked with Mr. Conley and we could accept the resignation and he will remain on the board until his successor is qualified and selected.

Councilman Cusack states he served with Mr. Smith for some time and feels he gave the City a great service, he was straight but fair, he was the epitome of public service because he really thought about the whole community and not just the person that had an application.

Councilwoman Perry states I’m sorry to see him go, he did do a good job and I know the zoning board meets next week; hopefully I will have the appointment for the next Council meeting.

RESOLUTIONS

COMMUNICATIONS

1. Thomas C. Riley, 3620 Pawtucket Avenue (02915) was sworn in by City Solicitor.

Mayor Ramos states I hope this isn’t the same thing that we heard before.  I hope its new information.

Mr. Riley states I speak in defense of Peter Barilla.

Mayor Ramos said it’s not necessary to bring this to the Council because we read it in the paper and some people were at the hearings.  The State Board has gone with your recommendations in regards to signatures. 

Mr. Riley states I went on the Docket to speak on the Canvassing Board.  Mr. Barilla was not able to attend the meeting on Thursday at 5:00PM.  It is well known in the department that Mr. Barilla does volunteer work.  I want this to be public record not everyone attended the meeting at the Board of Elections.

Mayor Ramos states you have a record upstairs at the Board of Canvassing.  It’s not necessary to bring this before the Council.

Mr. Riley asks why is there a .15¢ charge for a copy.  I’m not able to find out where the fifteen cents is going.  I thought maybe the Council would be interested in it.

Mayor Ramos states if you have a question like that you should ask the legal department and the City Manager.

Mr. Riley states it’s all good to talk to the law department or the City Manager, but this needs to be put before the public.  There are members on the City Council that can bring pressure to change some of the behaviors that take place in the Canvassing Office, Canvassing Board, and Canvassing Meetings.  The fact that we had an emergency meeting, that was unnecessary.  I have an individual who over the last seven years has stricken thousands of names off of nominating papers as not being qualified.  I’m not able to get anything done about comparing the list of business to the voting list to determine if we’re back to the same old problem.

Councilman Silva states this does not belong on this board.  They had their Canvassing Board Meeting.  He’s accusing a City employee of different things.  I don’t think personnel issues should be talked about here.

Mr. Riley states Mr. Silva you are the one who benefited the most from this.

Councilman Silva states I’ve seen some of your letter writing.  I know what it is to be part of those letters.

Mr. Riley states I have people accuse me of being bias.  I find it remarkable as the lone Republican on that Board that I am the one the disenfranchised Democrats come to.

2.  Helena & Gerald Read, 65 Kingsford Avenue (02915) requesting to address the Council regarding public access, including speeding and dangerous driving around and on our property.

No one appeared to be heard.

3. Robert Enos, 11 Milburn Road (02915) was sworn in by City Solicitor.

Mr. Enos states he wants to thank everyone who is running for public positions.  One topic is tangible taxes.  I don’t know if as a City we are doing our best job to collect it.  I’m not a tax expert but I’m looking for everybody to pay their equal share.  I looked at the report of 2007 and I looked in the yellow pages and some were not on our tangible tax list.  Who pays the tangible taxes?  It is law # 44-515 and it’s to do with furniture, fixtures and so forth. How do we determine?  Also, there’s a great variance Code 18 automotive supply we go from a low of $100.00 to a high of $10,600.00.  One attorney is paying $20.00 and another $1500.00.  Do we have software that tells us what we should be charging?

Mr. Brown states I will check and get back to you.  The way we check our tangibles is we key off business licenses and then the reporting is done by the businesses as in most tax reporting it is volunteer.

Mr. Enos states as far as the consolidation plan that you had that was going to save $11 million dollars I would like to know where we stand on that.  I know you said the Sup changed and this changed, but we’re always going to have change.

Mr. Brown states that was a significant change at the beginning of this and it’s easier to accommodate those changes when the system is in place as opposed to when you’re trying to develop the system.  That process will be reinvigorated.  The deficit reduction plan was the idea to borrow money to finish the fiscal year even and then pay that back over time.  The Auditor General is not going to allow us that.  The Auditor General has indicated that we will carry the deficit on our books and reduce it over time.        

Mayor Ramos adjourns the meeting at 11:35 P.M. on a motion of Councilwoman Perry, seconded by Councilman DiTraglia.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:   October 7, 2008