I.     CONSENT CALENDAR

A.     APPROVAL OF COUNCIL JOURNALS

January 7, 2008 – Joint City Council & School Committee Meeting

January 15, 2008 – Regular Meeting

B.     Letter from Dorothy M. O’Gara, Chairperson East Providence Canvassing Authority

January 22, 2008 – Regarding Location of Presidential Preference Primary Election Polling Places.

C.    TAX BOARD OF ASSESSMENT REVIEW APPEALS  (Requested by Tax Board of review)

D.    Vict/Not Over 25 (Approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)

Kent Corners Petroleum, LLC, d/b/a Kent Corners Shell, 970 Willett Avenue (02915)

E.     Holiday Sales (Approvals from Chief of Police, Building Inspector and Fire Marshall)

Kent Corners Petroleum, LLC, d/b/a Kent Corners Shell, 970 Willett Avenue (02915)

On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to remove item D the petition to support the abandonment of Cedar Avenue West of Bluff Street be removed from the Consent Calendar and made part of the record of the Highway Abandonment.

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

II.    APPOINTMENTS

1.   PERSONNEL HEARING BOARD (by Councilman Silva)

Manuel Sousa (reappointed term ending 12/06/2013)

1449 South Broadway (02914)

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

2.   TREE WARDEN

Michael Bartlett, Asst. Supt. Parks (reappointment term ending 2/5/2009)

210 Newman Avenue, Seekonk, MA (02771)

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

III.   PUBLIC HEARING

HIGHWAY ABANDONMENT – CEDAR AVENUE FROM BLUFF STREET WESTWARD TO NARRAGANSETT BAY

Petition for highway abandonment on Cedar Avenue from Bluff Street westward to Narragansett Bay

Petitioners:  James W. & Corinna E. Barry, 47 Bluff Street (02915),  Joseph & Margaret Rochette, 51 Bluff Street (02915)

Attorney:  Matthew D. Slepkow, 1481 Wampanoag Trail (02915)

Advertised:  East Providence Post – December 14, 21 & 28, 2007

Notice sent to Utility Company – December 7, 2007

Notices served abutters – December 7 & 9, 2007

Planning Board Recommendation

Councilwoman Perry stated that at the last Council Meeting we had the Public Hearing following that we had a Neighborhood Meeting and we had quite a few people from Riverside and it is our recommendation that we refer the matter to the City Manager and the City Solicitor to come up with some recommendations that they have.

Councilman Silva asks if she was going to elaborate on that.

Councilwoman Perry states there was some discussion of a Neighborhood Association or something formed that we could make a compromise that everyone would benefit from it.

On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to defer to the March 5, 2008 meeting.

VII.  CONTINUED BUSINESS

VIII. NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.      RFQ:  Installation of Storm Drain Systems

Mr. Brown states the City has solicited requests for qualifications for the installation of Storm Drainage Systems and we had responses from ten venders, the Director of Public Works has deemed them all qualified and request Council approval.

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

2.      RFQ:  Water Distribution System – Cleaning and Lining Project

Mr. Brown states the City has solicited requests for qualifications for the installation of Water Distribution System – Cleaning and Lining Project and we had responses from five companies, the Director of Public Works has concluded that all five of those firms possess the capabilities to perform the required service and we would ask approval by Council.

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

C.    COUNCIL MEMBERS

1.      Request for Legal Opinion on a Resolution (by Councilman Cusack)

Councilman Cusack states at the request of the East Providence Taxpayers Association I asked that this resolution with a vote be put in the docket.

“The East Providence City Council hereby instructs the City Solicitor to prepare and deliver to the Council by February 8, 2008 a written opinion analyzing the legal obligations of the City to act affirmatively to prevent deficit spending by the School Department.  The opinion should specifically address the City Council’s authority to refuse responsibility for any expenses the School Department incurs in excess of its authorized appropriation in any given fiscal year.  The brief should address any and all legal obligations the City Council incurs to prevent deficit spending or spending that exceeds certain rates of increase provided for in the Constitution of the State of Rhode Island, the East Providence City Charter, Title 16 and 44 of the General Laws of the State of Rhode Island, and any other applicable state laws, city ordinances, or other legal authority.” 

Mayor Ramos asks what if the School deficits spends what do we do, close the schools everyone knows it’s illegal to deficit spend.

Councilman Cusack states those are excellent questions I think we just need this written down, I think they want clarification.

Mr. Conley stated if this is what the council would like I would request a little more time, like the next council meeting.

Ms. Nunes states the next meeting is February 19, 2008.

On a motion by Councilman Cusack to take action.

Councilman DiTraglia asked for more discussion and asked Mr. Conley if he agreed with this.

Mr. Conley was questioning the sentence. The brief should address any and all legal obligations the City Council incurs to prevent deficit spending or spending that exceeds certain rates of increase provided for in the Constitution of the State of Rhode Island, the East Providence City Charter, Title 16 and 44 of the General Laws of the State of Rhode Island, and any other applicable state laws, city ordinances, or other legal authority.” 

Councilman Silva asked Mr. Conley if he ever answered to this group.

Mr. Conley stated no, he answers to the council.

Councilman DiTraglia stated wording has to be changed I don’t think we should vote on it tonight.

Councilman Cusack states we can vote on it tonight and make an amendment later.

Councilwoman Perry stated I was approached by this group and I felt this was not the time to do this.  We need to give the City Manager and the Superintendent a chance to work together. 

Mayor Ramos stated I was also approached.

Councilman DiTraglia stated we have Fire and Police Departments and so on; they take care of their Departments.   We shouldn’t be blamed for the School Department.  We need to hold people responsible to run these departments.

Councilman Cusack states we’re just asking for an opinion.

There was no second and the motion is denied.

2.      Polling Places (by Councilman Cusack)

Councilman Cusack states at the last meeting we had quite a debate about the downsizing of the polling places.  What I don’t like is keep changing them.  I think it’s important that we don’t use a political action place.  I sited a statue at the last meeting that the City Canvassing Authority is the one who chooses the places.  How do we get assurance that this building will not be used in the future?

Mr. Conley stated we need to communicate that directly to the Canvassing Authority so that they could respond to you on the record.

Councilman Cusack asked would that be a Resolution or a letter.

Mr. Conley stated the council could direct me to write the letter.

On a motion by Councilman Cusack to direct the City Solicitor to write such a letter to the Board of Canvassers

Councilman Silva states this is nothing more than a building, we go to Congregation Church to vote, and we go to a Knights of Columbus Hall to vote so you’re going to an empty building to vote.  I think as elected officials we are to stay out of the election procedures and we are supposed to let the Board of Canvassers run the elections.

Councilman Cusack states it’s a building that houses political activity every day except that day.  This was settled previously.

Councilman DiTraglia asks if there are any other places.

Councilman Perry stated she was at a meeting where the State Canvassing Board of Election Officials were and she asked them what was going on with the polling places and they said this is a big tado about nothing that it’s probably the best voting place in East Providence.

Councilman Silva states they put in writing that there would be no political signs on their property.

Mayor Ramos states there was a motion by Councilman Cusack, I need a second.

Hearing none the motion is denied.

3.      Financial Summit (by Councilman Cusack)

Councilman Cusack states I emailed you all and I put out a press release.  If I could go into a little background then status and options.   A few months ago we enacted a budget of $142 million $73 million was for school support, which was 51% of our budget.  That was an increase of 3.5% the max allowed by the state is 5.25%.  The City spending has been on track.  The governor asked for a cut of $12 million state wide and that would impact us at over $500,000 that this year.  The schools have been in deficit about$3.5 million dollars plus the $.5 million would be $4 million.  School has unpaid bills the City is bound by them.  We’ve had some joint Council School Committee Meetings they produced no solutions to date.  The City Manager and the School Superintendent have met several times no solutions have been announced.  Roger Williams University group is doing a consulting study and may recommend to us on consolidating certain school and city function so certain savings can be achieved, that study continues we haven’t gotten any recommendations but no one expects the savings from that effort to be anywhere near $4 million dollars.  The status today is that the City faces a $4 million dollar financial emergency.  We have several choices. 

1.      Increase taxes, we could have the first supplemental tax in the City’s history.  The amount would be an average of $170.00 per household.  The cap would be 5.25% would only raise $725,000.  $725,000 doesn’t do it, we need $4 million.

2.      Do nothing hope the State will do something.

3.      Lay off city workers and slack services.

4.      We could vote to end this year with no surplus.  We have a 3.6% surplus we could pay off the school bills but we would be increasing the school’s deficit account.  We promised to decrease not increase that number, so if we break the promise it would result in a down grading bond rating of the City.  Our borrowing cost would soar.  Our existing bonds would drop immediately. 

5.      Seek intervention by the Auditor General.  He could impose cuts and threaten the suspension of all contracts.

6.      Ask for a State takeover of our City. 

7.      We can convene a Financial Summit and discuss the problem with 2 member of the City Council, 2 members of the School Committee, 1 Representative of each bargaining unit each union, City Manager, Superintendent of Schools, City Finance Director and School’s Finance Director.

One example of the solution which would cover this $4 million dollars would be a 20% across the board co-share of health insurance cost and a roll back of all raises this year.  Another example would be lay off employees until the budget balances. 

On a motion by Councilman Cusack that the City Council shall invite the following parties to a meeting to discuss the impending budget deficit and ask for help in resolving it:  2 members of the City Council, 2 members of the School Committee, 1 Representative of each bargaining unit each union, City Manager, Superintendent of Schools, City Finance Director and School’s Finance Director.

Mayor Ramos states we have had meetings and I think the City Manager is working with Dr. Forbes and Mr. McDonald to come up with a plan.   He gave us a list of what he’s doing.   It’s his responsibility I don’t want to go over his head.

Councilman Cusack stated the list up until now has been rather secret, but meetings with Blue Cross for this year or next year are we going to get $4 million out of that.  Updates on RWU study is that’s going to get $4 million.  This Summit would be voluntary.  You have had meetings with bargaining units but I wasn’t allowed to be part of it.   I would like to take part in this and ask for Council support.

Mr. Brown recognizes the seriousness of the problem and I recognize that there is no capacity or political will to pass on the burden to our taxpayers.  I appreciate Mr. Cusack’s summary of the problem although some of the suggestions we would never accept. The problem the way we pay our school teachers and even if we could bring our unions together and accomplish some of what he suggested I’m not so sure that we wouldn’t remain in deficit. What I’m looking at is a number of things, and each one independently would not solve the problem.  We do need to determine the extent of the deficit.  We have to look at the decline in school enrollment, the replacement of experienced and higher cost teachers as they retire with lower cost teachers.  We are also looking with the Superintendent some restructuring the way we operate in our buildings as well as we operate educational programs in general. We are looking at the City side of what we can do. School Committee and its administration acts differently than the City side.  I have some latitude because of Council approval. 

Councilman Cusack states the City Manager says that if we got concession by the unions he’s not sure if we will still be in deficit.  I’m sure I know we will not be.  He mentioned the only proposal with real money involved was to allocate more money to the school with the idea we will achieve savings and pay back latter satisfy the Auditor General and the Bond rating agencies. Allow me to assure you if we dare use that money at the end of the year we would lose the bond rating.  The minute we release those funds we would be adding to the school deficit account.  An account that we made solemn promises over the years that we would pay down. That’s the most irresponsible thing I’ve heard since serving on this council. It won’t be accepted, it’s unacceptable.

Mr. Brown states that’s not what I suggested we would do.

Councilman Cusack asks how will we pay those bills to that degree and promise to pay it back later from what cash does it come.

Mr. Brown states that will be part of my report to you at a later date.

Councilman Cusack states together from this list of bullet point of all the peanuts and the little stuff and it’s going to add up to a big number.  You have lost all creditability I have no confidence in this.  I’m shocked!

Mr. Brown states I’m very sorry that you’re not willing to allow me to do what it is that you hired me to do.

Councilman Cusack states we have had many meetings I want to support you I want to have a meeting with those bargaining units that can help us.

Mr. Brown asks do you think I’m not going to be talking to our bargaining units, of course I am.

Councilman DiTraglia states being involved in negotiations I think Mr. Cusack has a good idea of having all the people in one room but because Mr. Brown is the City Manager it is his job to try to find a resolution of what we can do.  If the Council is not satisfied than as a last resort we could do this.

Councilwoman Perry states I’ve given this issue a lot of thought.  I thought back to the last council that I sat on and was part of the City Manager search.  We spent a lot of time and money.  We did a nationwide search to try to get the best and we hired Richard Brown.  We need to let the City Council do what he was hired to do.  The Council should not take part in this at this time as Mr. DiTraglia says if all else fails then we try to make other arrangements but for now let the City Manager handle it.

Councilman Cusack states I would not undermine the City Manager it would be to support. 

Mayor Ramos states the City Manager is paid to do the job I don’t want to micro manage what he’s doing if in fact nothing else works then we’ll look at other alternatives yours or anybody else’s.  We have a motion on the floor for a financial summit.

Councilwoman Perry seconds it for a vote.

Councilman Cusack and Councilman DiTraglia vote Aye.

Councilwoman Perry, Councilman Silva and Mayor Ramos vote Nay.

Mayor Ramos states the motion is denied 3-2.

 Councilman Silva calls for a five minute recess.

4.      Mary Furtado Holloway PhD. (by Councilman Silva)

Refer to Planning Board for review and recommendation for a disposition of this property.

Councilman Silva states Mrs. Holloway sent me a letter a year ago and again recently and this is about a piece of property on Donnelly and Sanford Street I like the Council to recommended this for the Planning Board for review and recommendation to us.

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

D.    RESOLUTIONS

ABANDONMENT OF CEDAR AVENUE

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 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 January 2, 2008:

It is hereby ORDERED, ADJUDGED, and DECREED that Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 situated in East Providence, County of Providence, State of Rhode Island, described as follows:

That certain lot or parcel of land, with all the buildings and other improvements thereon, situated on the westerly side of Bluff Street in the City of East Providence, County of Providence, State of Rhode Island, laid out and designated as the lot shown as 4600+/- square feet of Cedar Avenue to be abandoned on that plat entitled “Proposed Abandonment unimproved portion of Cedar Avenue west of Bluff Street to Narragansett Bay Between Barry and Rochette Homes, 47 & 51 Bluff Street, East Providence, RI AP 312/33/1 and 212/1/10 by Express Surveying, Curtis M. Johnson, P.L.S.” which plat is recorded in said City of East Providence, herewith.

Said abandoned road parcel containing 4,600 square feet of land and is shown on a plan entitled, “Proposed Abandonment unimproved portion of Cedar Avenue west of Bluff Street to Narragansett Bay Between Barry and Rochette Homes, 47 & 51 Bluff Street, East Providence, RI AP 312/33/1 and 212/1/10 by Express Surveying, Curtis M. Johnson, P.L.S.” be and is hereby abandoned as a public highway by reason of the fact that Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public, said abandonment to be subject to the stipulation that nothing be built upon the subject land.

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 Cedar Avenue as hereinabove described who is known to reside within this state.

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

D.  COMMUNICATIONS

1.      Joseph Braga, 17 Juniper Hill Drive, Coventry (02816) was sworn in by City Solicitor.

Mr. Braga states because of the extreme traffic across from the Subway and we have people using that as long term parking.  It’s causing some issues not only to me as a business person but I believe on the street.  There have been accidents because of this. 

Councilman Cusack asks what business you own.

Mr. Braga states the Subway.

Councilman Cusack asks is there any neighbors that park on the street.

Mr. Braga states no.

Councilman Silva states he had spoken to Mr. Braga about this already and Mr. Martin from Dunkin Donuts.  I’m asking Mr. Brown to refer this to Mr. Coutu.

2.      Robert Enos, 11 Milburn Road (02914) was sworn in by City Solicitor.

Mr. Enos states it’s been an interesting night.  The problems that we have in the City are not new it’s the people who have been elected that haven’t reacted to the problems.  Do you have an update of Roger Williams College study regarding consolidation?

Mr. Brown states he will have a draft report at the end of February.

Mr. Enos states a draft report so it’s taken nine months.  I’m concerned we keep dragging our feet.  How many meetings have we had since the last combined meeting with the School Department?

Mr. Brown states I’ve met the Superintendent twice already and I’ll be meeting with her tomorrow and will be meeting regularly until we resolve this issue.

Mr. Enos asks are there any records of these meeting that are available to the public.

Mr. Brown states no they’re working meetings we’re talking about ideas we’re running numbers.

Mr. Enos when do you think you’ll have some report between you and the Superintendent of Schools.

Mr. Brown states I’m getting the RWU report at the end of February I would expect by the second meeting of March I will have recommendations to Council.

3.      Ralph, Tami, Anthony, & Brian Germani, 66 Summit Street (02914) Requesting to address the Council regarding the need for a Slow Children Sign, requesting one-way for Summit Street and to clarify no parking across the street from their house not the whole street.

No one present.

4.      Cynthia Saillant, 41 Bluff Street (02915) was sworn in by City Solicitor.

Ms. Saillant states she handed in a petition and now has another 30 names.  I had 100 signatures and there are quite a number of people who are against abandonment.  You did have that Neighborhood Meeting and I hope you take this into consideration not to abandon it.

Mayor Ramos states we accepted your petition and we have referred this to the City Manager and Legal Counsel to come up with a proposal for us and then we will address the proposal at the next council meeting.

Councilman Cusack asks are you submitting to us both petitions the one about the park bench and the one about saving the abandonment.

Ms. Saillant states yes and I also put in the other one that I put on one paper.

Councilman Cusack asks this park bench who is paying for it, is this something that the neighborhood is going to raise money for or is this something you expect the City to come up with.

Ms. Saillant states the City says they would come in once a year.  The neighbors had mentioned maybe something like the Terrace had a little Association. 

On motion of Councilman Silva, it is unanimously voted to accept this petition.

Councilwoman Perry asked that the Abandonment be deferred to the first meeting in March.

5.      Jeremy D. Reis, 9 Cedar Lane, Seekonk, MA (02771) was sworn in by City Solicitor.

Mr. Reis states he would like to be put on the City Tow List.

Mayor Ramos states it’s not done that way.  The City Council is not going to put you on the tow list because you come here.  I don’t know if we can put anyone on the tow list.

Mr. Reis states I understand that I would like you to keep my application on file this is the second time I came back.  I would like to be the first guy you call back if you’re going to put that fifth name on the list.

Mayor Ramos states it doesn’t work like that.  It doesn’t mean you would be the first called.  When in fact there is an opening you will be considered with everybody else. 

Mr. Reis asks do you keep applications on file.

Mayor Ramos states I don’t know if we keep applications on file for tow list.

Mr. Brown states I would think if there is a vacancy and you are soliciting individuals to be added to the tow list you would make some sort of announcement and individuals come forward demonstrating that they can comply with our requirements.

Councilman Silva asks on this topic are we going to get a report from the Police Chief on the questions that we asked and where the Towing Resolution is.

Mr. Brown states the issue you asked the Chief to look into I received communication today it will be shared with you in my report this weekend.

Councilmen Cusack states with respect to the Tow List from time to time we have had people come up under communications calendar, could we ask the City Clerk to direct those people to the proper process.

Councilman DiTraglia asks if and when we are looking for tow truck driver wouldn’t we put it in the paper.

City Clerk announced that the first Council Meeting in March is the Wednesday the 5^th because the Election is Tuesday, March 4, 2008.

6.      Kathy Santos, 4 Thurston Street (02915) was sworn in by City Solicitor.

Ms. Santos states in regard to having the Teamsters Hall as a polling location.  We had an incident in 2004, brought up again 2006 we talked to the Board and Maryann Callahan and when we continued to be ignored I went the Board of Elections. They told me they don’t get involved with the local stuff so I wasn’t happy with that answer so I sent a letter to the Chair and emailed Tom Riley and at that time Mayor Larisa and asked them to please follow the law Title 17 – 19.  I’ve emailed many people, attorneys and organizations.  I do have lawyers on standby, but I would hate to go to court and make East Providence look like they don’t really care about clean Elections.  It’s not the right thing to be doing, it’s very plain we have the law here and it’s clear, so I wish you would reconsider this so we won’t have to go to court on it.

Mayor Ramos states one thing I agree this Election is different from other Elections.  To say we only had 1100 the last time we had a Primary.  We have to look at the possibilities of what’s going to happen.  I personally think we will have a problem with four areas, and on the other issue that you raise.  The Board of Canvassers told us and talked with the State. 

Ms. Santos states the law is here and they’re suppose to be following the law so that’s problematic if they’re not following the law and if the Rhode Island Board of Elections chooses not to follow the law.

Mayor Ramos asks Mr. Conley to address this.

Mr. Conley states as we discussed earlier it’s the Canvassing Authority’s jurisdiction to choose and summit to the State Board of Election the polling places not the City Council and anyone who believes that the Canvassing Authority is acting erroneously under the statue over a matter of the Canvassing Authority’s jurisdiction the appeal to that is the State Board of Elections not the City Council.  The City Council does not have the authority to direct the Canvassing Authority to where they hold their Elections.  Council can express its opinion about a matter but if there is a legal challenge to an action of the Canvassing Authority in regard to a matter in its jurisdiction that legal challenge goes to the Board of Elections.

Ms. Santos where is the accountability?

Councilman DiTraglia asked if this is the State law.  This should be brought to the State Board of Elections and we have to go to State Board of Elections.

Ms. Santos states see you in court.

7.      Tom Riley, 3620 Pawtucket Avenue (02915) was sworn in by City Solicitor.

Mr. Riley presented the Council with a thick file.

Councilman Silva questioned if had to read this in five minutes.

Mr. Riley states no, to build a building you need to lay a foundation.  The first page is an email of December 20, 2007 from Mrs. O’Gara states based upon projected turnout for the coming Presidential Primary Election of March 4, 2008 the Secretary of State Division of Elections Office worked with the Canvassing Offices throughout the state regarding the number of polling places to be used in each community according to our past voter turnout and turnout projections for the coming Primary Election it was determined East Providence should use one polling place for each Ward.  This will cut back on our expenses considerably at a time as East Providence as well as other communities are facing financial difficulties.  There will be extra voting posts and additional supervisors at each polling place.  The response to this from Mr. Barilla makes sense to me.  I believe this constitutes a violation of the OMA.  Letter dated August 16, 2007 from the State of RI to Maryann Callahan as part of our polling places review process we ask that you look at the Precincts that we have identified as potential polls could be combined by taking two Precincts that meet the criteria as stated below in 17-11-1 and combining them to form one Precinct your community will benefit by reducing the amount of poll workers needed to hire and train and potentially reduce the cost of Precinct rental.  It states not more than nineteen hundred voters in the same polling place.  We have approximately 30,000 registered voters, if you have four polling places that’s assigning 7,500 for each polling place.  There has been no meeting of the Board regarding this.  Mr. Riley read many letters to Mrs. Callahan in a follow up of our discussion when we met recently regarding the location of voting districts within your City the State Board adequate locations are sometimes difficult to locate.  All these letters were addressed to Mrs. Callahan not the Board.  There has been no meeting of the Canvassing Board this is Mrs. O’Gara and Mrs. Callahan who have come up with this.  Mr. Barilla is in Florida I have been trying to get a meeting since the 26^th of December and I have been blown off.  Mr. Riley read from 17-11 provided, that a polling place may be located outside the district only upon unanimous determination of the local board and subject to the approval of the state board that suitable place is not available within the voting district.  There has been no approval by the local board, there has been no board meeting regarding this.  Mr. Riley continues to read Title 17.  Then he goes back to the email December 26 I email Mrs. O’Gara I believe this is a matter to be addressed by the Canvassing Board in a public meeting.  I have received no such notice so I believe that this is another board decision that you have taken upon yourself to make for the board.  I personally believe that cutting the polling places to one per ward will only serve to further limit the voter turnout.  So not to violate the MOA I would be delighted to discuss alternative methods at a Canvassing Meeting please schedule one ASAP in the 7:00 – 7:30 pm so the public can attend.  I would also like to address on the agenda the face that the Canvassing office no longer keeps paper back up of individual records.  Additionally we need to have an election of officers as the board no longer has a clerk as you remember Maryann Callahan was force to resign early that year.  The reply was December 26, relevant to the plan of the polling places for the March 4^th Presidential Primary Election I take issue with your statement that this is yet another board position that I have taken upon myself to make for the board.  I have not and do not take it upon myself to make decisions for the authority ever.  My email message of December 20^th was to keep members of the authority informed of the information I received from the state.  As I said in the communication the Secretary of State Division of Elections Office has been working with the City and Town Canvassing Offices throughout the state.  Based on the statistics of past Presidential Primary Election and the projection Presidential Primary Election it was determined that East Providence should open one polling place for each of the four wards.  This was not my decision but I do believe it was based on logic and common sense.  This is the plan for March 4^th only.  When the State of RI implemented the Center Voter Registration System, CVRS in June 2006 under the direction of then Secretary of State, Mathew Brown training manual was given issued and instructions were given to all Canvassing Officers.  That was the time the Canvassing office ceased to use paper backup of individual voting history.  All of the information is entered into the data base by computer and the records are maintained on the CVRS.  If you wish to address that issue I suggest you contact the State Board of Elections.  Our Canvassing office as well as all the Canvassing offices throughout the State are governed by their rules.  Our City Solicitor William Conley is in conversation with you regarding your inquiry as to the Clerk position. 

Councilman Silva asks Mr. Riley if one email is in violation of open meeting law what about this one.

Mr. Riley states I requested a meeting.

Councilman Silva asked and all that other discussion in between it?

Mr. Riley asked what discussion?

Councilman Silva states if one person writes an email and asks about something it violates the open meeting law, you can have all this conversation and it doesn’t violate open meeting law?

Mr. Riley states I’m refuting what she has written to me and asking for a meeting.  Mr. Riley started reading Title 17.  Another email December 26^th Dorothy I received a page from Mrs. Callahan this afternoon responds to my reply to your email regarding cutting the polling places down to one ward.  Mrs. Callahan informed me when the Board of Elections visited the East Providence Canvassing office several weeks ago, this was actually back in August what was being done to clean up the City’s voters rolls it was decided that not only would the polling places be cut back to only four for the Presidential Primary but that the Teamsters Hall be one of the four utilized.  Mrs. Callahan stated quoting Mr. Kando that the Teamster Hall should never had been given up as a polling place.  Mr. Kando then directed the Canvassing Clerk to immediately secure the hall as a polling place.  This presents some problems.  Mrs. Callahan does not work for Mr. Kando.  She works for the City of East Providence under the direction of the Canvassing Board.  The only entity giving Mrs. Callahan direction should be this board as in Title 17.  Mr. Kando can make suggestions to this board, but it’s up to the board to direct Mrs. Callahan as much as she may dislike it otherwise her employment should be terminated.  Mr. Barilla attended that meeting as well as Mrs. O’Gara.   This gathering was represented to me as merely a visit from the Board of Election to determine what progress had been made in clearing the list of ineligible voters.  I was specifically told that this was not a meeting so my attendance was not required as no Canvassing Board business was to be discussed.  Hence I had no reason to object to the 3:30 pm time frame or the short notice.  Furthermore there was no required notice posted for this meeting where several important decisions were made.  Mrs. Callahan states that it was her decision to make these changes although you and Mr. Barilla were present.  These decisions are beyond the scope of Mrs. Callahan’s authority to cut the polling places from 26 to 4 is a major move and a matter for the Canvassing Board to decide.  The fact that these matters were discussed outside of a public board meeting by you people is a violation of the open meetings act.  For Mrs. Callahan to dismiss this as having been presented at the 9/12/07 board meeting under the topic of combining polling places is disingenuous at best.  I’m tired of Mrs. Callahan’s blatant misrepresentation of the facts to me.  Mrs. Callahan told me by cutting this down we will save $25,000.  By cutting this down I found out we’re going to save about $4,000 to run the risk of depriving citizens legitimate voters the right to vote.  It was shortly after this visit that you advised Mrs. Santos that due to screening of present and retired municipal employee and teachers addresses that Mrs. Callahan could not keep up her legal obligation to provide Mrs. Santos with the weekly list of changes to the voter roll.  It is not within you purview to suspend state election law.  Dorothy you and Mrs. Callahan continue to go behind my back as a Canvassing Board Member.  I find I most remind you this is not the Dot O’Gara Canvassing Show this is the East Providence Canvassing Board and we represent the legitimate voters of East Providence or at least I do.  As much as you might like to, you simply can’t go around acting as an independent entity you are not you are simply a member or the board who happens to be its Chairperson.  Your job is to conduct meetings not be the meeting.  Lying to me or cause Mrs. Callahan to lie to me is not how you earn my respect.  Mr. Riley states he never got the letter of reprimand from the Hearing of July12, 2007.  2^nd of January I’m still looking for a meeting I put in a docket request. Mayor Larisa one issue that has been resolved the Teamsters will no longer be used.  Mr. Conley you were at that meeting on May 16^th.

Mr. Conley asks what year?

Mr. Riley states May 16, 2006.

Mr. Conley states I could have participated in a meet on May 16, 2006.

Mr. Riley states one issue was the use of the Teamsters voting place – this issue has been resolved there is no longer a voting place.  The second issue is that only registered voters in the City should be voting.  Email from Mrs. O’Gara dated January 7^th I thought I addressed your concerns in your December 26^th email there is no meeting scheduled I have not been in contact with Mrs. Callahan since your latest email I have an appointment with my City Solicitor this week and I will contact you after that.  My email back first your email doesn’t even begin to address my concerns second as a board member the proper place to address my concerns is in a public meeting.  What is it that you don’t understand about the open meetings act?  I have given both you and Mrs. Callahan the information necessary for meeting agenda lets go Tom Riley, Member EPCB.  And coming back from Dorothy in February 2007 after I was elected Chairperson to the East Providence Canvassing Authority I gave you my email address in good faith so you would be able to contact me with regard to canvassing business.  I did not anticipate in receiving rude, vulgar, sarcastic and inappropriate message from you.  Because you have abused my trust I’m advising you that as of this date I have designated your email address as junk mail and my computer filter will weed out any message from you and automatically delete the message so I will not be exposed to your internet abuse.  All I’ve done at this point is ask for a meeting.  Any contact you may wish to have may be made through the East Providence Canvassing office.  Back Dorothy you can relegate my communications to your junk mail if you wish the act will go hand in hand with your general act of respect for the voters, Canvassing Board, me as a member however the people I cc will see them and see you for what you are.  At this point I am not going to talk to you on the telephone with Maryann Callahan, because I can tell Maryann Callahan’s lying her lips are moving.  Everything I’ve been given from her is misdirection misinformation it’s not true it has no bases in fact.  Mr. Conley I’ve made two written requests in the past two days to the Canvassing office to communicate with me via email you have been copied on these.  They insist on paging me half a dozen times despite my request to engage me in telephone conversation will you please speak with them to comply with my request.  I don’t know if you did or not, but now they email me and I have documentation so it’s not the ethereal conversations and nobody remembers anything.  January 22, 2008 to the City Council from Dorothy O’Gara this is to advise you that the morning after the January 16^th City Council Meeting, we, whose we Peter’s in Florida, I’m in Riverside she must have had a mouse in her pocket.  We requested a meeting with the State Board of Election as soon as possible.  That meeting took place on Thursday, January 17^th at which time we relayed the concern of Councilman Cusack regarding the use of Teamsters Hall a polling place for Ward 2 for the March 4^th, 2008 Presidential Election.  We were informed that according to Title 17 Section 17-15-13 of RIGL the local Board shall at least 50 days prior to the Primary select the place or places designated by it for holding the Primary Election provided for by this Chapter.  We had passed that date to make any changes and this was cc to all of you plus a few people.  There was no meeting there was no direction of this.  There’s been no agreement with the Canvassing Board with this.  All of this is in violation of Title 17 State Election laws.  Now we have public notice the Canvassing Board will meet on Tuesday, February 12^th at 12:00 pm that’s noon.  How many of you folks take time off work to come to these meetings?  Answer zero if noon meetings are such a good idea City Council should start meeting at noon, zoning should start meeting at noon, minimum housing should start meeting at noon I don’t know.  This was with no discussion with me I sent in agenda stuff there is no notation of that.  Last Title 17-10-20 Neglect of duties by public officers.  Any public officer by who a duty is imposed by this Chapter of the Title who willfully neglects to perform the duty shall be guilty of a felony, discussion.

Mayor Ramos asks if there’s an alternate up there.

Mr. Riley states no, oh yes excuse me Wayne Lougheed he’s my alternate, but you only need two people.

Mayor Ramos states we voted an alternate.

Mr. Riley states Mr. Carlin has looked through the records and can find no notation.  I remember the night all five got shot down.

Mayor Ramos states we an alternate.

Mr. Riley states all the more reason to have a meeting.

Mayor Ramos states I see your frustration and a meeting should be called on a regular basis.

Mr. Riley states I’m appealing to you folks, I have two complaints before the Attorney General for OMA violations, and I’m putting together a third one.  I would like to see you people as political leaders who appoint people to at some point to get behind this thing and get it resolved, because my next stop with this is the Attorney General and the Federal Attorney Corrente.  I’ve had it.

Councilman DiTraglia states I wish you would because the problem is between the State and the East Providence Canvassing Board.  We are going to the State and the State is telling us one thing and now you’re saying another thing.  You’re talking about a guy that’s not even involved with the State of RI.  You’re talking about State and local authorities. 

Mr. Riley states I have a Federal Election.

Councilman DiTraglia states I don’t care. Our problem here is the lack of communication between the Canvassing Board and the State Board of Elections.

Mr. Riley states I intend to involve you people in a form of, oh no don’t shake your head.

Councilman DiTraglia states we’re not involved in this.  This is the Canvassing Authority.  We are not making any decisions here.  Because you people are not getting along up there that is an internal problem.  Have you ever gone to Mr. Brown and complained to Mr. Brown about these people.

Mr. Riley states no, well actually I have.  I filed two 11-46 complaints a year ago and got no resolution on it.  That’s why I intend to involve you people because I am going to file an 11-46 against both Mrs. O’Gara and Mrs. Callahan; Mrs. Callahan for grossly overstepping her authority and Mrs. O’Gara for grossly neglecting hers.

Councilman DiTraglia states their authority is going to the State not to the local.

Mr. Riley states I beg to differ.  As you folks choose to do with me, they receive a check from the City and some point their nonperformance falls under your jurisdiction.

Councilman Silva asks Mr. Riley did you say you didn’t receive your letter of reprimand.

Mr. Riley states no.

Councilman Silva asks Mr. Brown can you order the City Clerk to send him a registered letter of a copy of his letter of reprimand.

Mr. Brown states yes.

Councilman Cusack asks Mr. Riley what would you like to prescribe as remedy for the problem.

Mr. Riley states the first problem is the filing dates have not been met and this is a gross violation of the Election laws.  The only real remedy is to open all the polling places.

Councilman Silva states this is not our jurisdiction.

Mr. Riley states you ask me what the remedy was I didn’t ask for you to do it.

Councilman Cusack states you pointed out that the person who made the decision didn’t have the authority to make it.  The local Board has the responsibility for these actions.  There is going to be a meeting next week on the 12^th.   I would like the presents of the Council to be present.

Mr. Riley states I am going to request a meeting with you Mr. Brown.

Mayor Ramos states I would agree with you with such a big Presidential Primary with the amount of people who might come out I don’t understand why there hasn’t been a meeting to discuss this situation. 

Councilwoman Perry states just for information purposes the meeting that I referred to earlier that people from the Board of Elections were present that meeting was also attended by all 39 Town and City Clerks and Canvassing people.  It was all on Elections and this was mentioned the Primary and the number of polling places.  I had Clerks telling me I’ve only got 2 polls open, I’ve only got 3 polls open so apparently this is statewide that everybody’s been told to cut down on their polling places.

Mr. Riley states that may be correct Councilwoman however it is not been done according to the law.  There was no meeting.

Councilwoman Perry states I just want for clarification you to know it’s not just East Providence.

Mr. Riley states I know it was statewide by the letter from Mr. Kando however but this being approved by the Board has been totally sidestepped by the Chairwoman of the Canvassing Board and the Canvassing Clerk.  There’s been no meeting on this.  By the way there are no scheduled meetings for 2008 filed that I’m aware of as of this evening.  That’s a violation of state law also.

Councilwoman Perry asks have there ever been scheduled meetings of the Canvassing.

Mr. Riley states there suppose to be, just like City Council posts a calendar.

Councilwoman Perry states I have never seen a calendar posted for the Canvassing.

Mr. Riley states I know you haven’t but there required to.

Councilman Cusack states to that point some months ago I made a motion to make a resolution to require a certain number of meetings and I was not able get a second for that.  I was hopeful to get some regularity to that.

Mayor Ramos states there has to be respect for one another and the communications up there have to be open.  There has to be a trust factor and I don’t want to start mandating this is what you’re going to do.

8.      Damien Spellman, 72 John Street (02914) was sworn in by City Solicitor.

Mr. Spellman states these problems can be easily addressed speeding is one thing but Jake brakes is when the driver uses these brakes to slow the truck down and it sounds like the truck is blowing up.  That is manageable by the truck driver.  The noise level at 3:00 or 4:00 a.m. is horrendous.  Once they know there is a problem with a sign stating no Jake braking area.

Councilman DiTraglia states a Jake brake is used to cut the RPM’s down from an engine from a eight cylinder to a four cylinder it’s down shifting and cut down on their transmission and their brakes when they use that.  They do have sign when it will say Jake Braking further ahead but sometimes they can’t do it.  There are a lot of truckers that do that. 

Mayor Ramos asks what about if this is in a neighborhood.

Mr. Spellman states I understand what you say, but if they slow down they might want to apply their brakes instead of Jake Braking.  Some of the speeds are excessive. 

Mr. Brown states the whole situation has been exasperated because of the bridge problem and stated he would look into it.

Mayor Ramos asks for unanimous consent to read a letter.

On motion by Councilman Silva, seconded by Councilman DiTraglia it was voted to unanimous consent.

Mayor Ramos reads a letter dated February 4, 2008 from Eileen Lovett giving a 30 day notice resigning from the School Committee making her final day be March 5, 2008.

Regrettably on motion by Councilman Silva, seconded by Councilwoman Perry it was voted to accept.

Mayor Ramos states we are going to have to look into making an appointment for the committee.  Councilman Cusack, she was in Ward 1.

Councilman Cusack states I remember when Councilman Silva went through this process and we ended up with fine results with Mr. DeCastro.  I would ask for input.

Councilman Silva asks we would need Council approval.

Councilman Cusack states he would like to have a nomination by the March 4^th meeting.

IX.   ADJOURNMENT

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

Mayor Ramos adjourns the meeting at 11:20 p.m.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    February 19, 2008