CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

January 29, 2008 – Neighborhood Meeting

February 5, 2008 – Regular Meeting

B.  ALCOHOLIC BEVERAGE CLASS F-1 – MARCH 1, 2008

Sacred Heart Church, 118 Taunton Avenue (02914)

Annual Soup Dinner

C.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

D.  TAX BOARD OF REVIEW (Requested by Tax Board of Review)

APPOINTMENTS

CAROUSEL PARK COMMISSION (by Councilwoman Perry)

Leanne Ford (2^nd Alternate Member)

3125 Pawtucket Avenue (02915)

On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry was absent.

LICENSES REQUIRING PUBLIC HEARING

B-LIMITED (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Division of Taxation and Fire Marshall).

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

Antonio F. Oliveira, 34 Farm Road, Rehoboth, MA (02769) was sworn in by City Solicitor.

Attorney Paul G. Bettencourt, 349 Warren Avenue (02914), representing the applicant, is present and answers questions from the Council.  The business has been in operation for a couple of years, and the applicant would like to add beer and wine to attract more customers.

Brain Walsh, 424 Newport Avenue (02916) was sworn in by City Solicitor.

Mr. Walsh states that if you're traveling east on Pawtucket Avenue there is no way to get into the Pizza place unless you go down the street and turn around.  He says that getting a liquor license is a bad idea for that area. 

Mr. Walsh adds that there have probably been twenty four flat tires in the last six or seven months at the corner and it is very dangerous.  He says that his wife at one time was talking about starting a day care there and if this license is issued, that will no longer be a possibility.  

Replying to Councilman Cusack, Mr. Conley states that in issuing the license, the Council can take into consideration the difficulty of getting in or out of the driveway.  And in reply to Councilman Silva, Mr. Conley says that the Council can issue the license for a six month period, and then bring it up for review.  He adds that the licenses are renewed annually on December 1, but the Council has the discretion to review at any time.

Councilman Cusack states if we were to grant this license for a six month period I think we would like a lot of information from the Police department about accident reports a lot of data.  I would alert the traffic people.  I was unaware of this.

After further discussion, on a motion made by Councilman Cusack, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve  this application but amend it to reflect a six month time period at the end we would review it for a possible extension.  It is noted for the record that Councilwoman Perry was absent.

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

China Gourmet, Inc., d/b/a China Gourmet, 181 Willett Avenue (02915)

Wei Cheng Deng, 24 Oxford Street, Boston, MA (02111) was sworn in by City Solicitor.

Andrea paralegal from Attorney Chris Coleman's office speaks on behalf of the applicant.  She states that the hours of operation will be from 11:00 a.m. to 11:00 p.m. The applicant and his partner have over fifteen years experience operating a restaurant in New York. 

There is no one from the public wishing to speak.

On motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry was absent.

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

China Gourmet, Inc., d/b/a China Gourmet, 181 Willett Avenue (02915)

On motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry was absent.

NEW BUSINESS

CITY MANAGER'S REPORT

Waterfront Special Development District Commission – 2007 Annual Report

Patrick Rogers, Chair of the Waterfront Commission, presents the City Council with its annual report for 2007.  He gave an overview of 2007 and spoke of future plans.  He mentioned that some of the projects are Aspen Aerogels, Ross Commons, Tockwotton Home, Phillipsdale Landing and Geo Nova. 

Councilman Cusack asks if there are any vacancies on the Commission, and Mr. Rogers states that there is one for someone with labor experience, and one with planning experience, both of which are appointments made by the Governor. 

On motion of Councilman DiTraglia, seconded by Councilman Cusack and on a roll-call vote, it is unanimously voted to accept this report.  It is noted for the record that Councilwoman Perry was absent.

 Review of Qualification Statement for “Professional Services for Management of Wastewater DBO”

Mr. Conley states the City sought responses from firms with the expertise of development of design, build and operate procurements and their successful implementation to provide comprehensive professional consulting services to the City.  Three companies have responded Eisenhardt Group, Providence, RI, Malcolm Pirnie, Inc., Middletown, CT, and Alternative Resources, Inc., Concord, MA.  The Public Works Director has reviewed all three and has recommended to the Council that all three be approved. 

On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.  It is noted for the record that Councilwoman Perry was absent.

REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (by Gregory S. Dias – Assistant City Solicitor)

Litigation:

City of East Providence VS. R.I. Interlocal Risk Management Trust C.A. No. 05-1044

Brook McGregor, ET AL VS. City of East Providence, ET AL C.A. No. PC04-6791

Received as information.

On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve. It is noted for the record that Councilwoman Perry was absent.

COUNCIL MEMBERS

East Providence Central Little League requests blinking light - caution slow children -switch at snack bar (by Councilman Silva)

Councilman Silva states that he was informed by the East Providence Little League that they are going to be changing their schedule this year and most of the games will be played at Pierce Field on Saturday and Sunday.  He said an incident at a nearby establishment was brought to his attention regarding a motorcycle that was leaving the establishment and almost sideswiped a row of cars in order to avoid a child crossing the street.  The Little League is looking to have a caution light put there that could be controlled in the snack bar, so they can shut it off when there are no games.  Mr. Silva asks for a recommendation from Mr. Coutu to a cost analysis and the feasibility for doing something like that.

Mr. Conley states it should be directed to the public works director and the Police department.

On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve to direct the Public Works to do a feasibility study.   It is noted for the record that Councilwoman Perry was absent.

INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on March 5, 2008 for a public hearing and consideration of final passage).

The following is an ordinance amendment regarding 1 hour parking restriction at South Blossom Street (east side) from 35 feet south of Warren Avenue for a distance of 60 feet between 8:00 a.m. and 6:00 p.m., except Sundays and holidays.

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”

SECTION I.  Section 18-311 entitled “Same--60 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

South Blossom Street (east side) from 35 feet south of Warren Avenue for a distance of 60 feet between 8:00 a.m. and 6:00 p.m., except Sundays and holidays.

(Requested by:  Director of Public Works)

Councilman Silva states the reason he wanted that to be read was because the person who petition for this is in the audience and he may have not been aware of the actual measurement were that was recommended from the traffic engineering and Mr. Coutu.

On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve for first passage.  It is noted for the record that Councilwoman Perry was absent

COMMUNICATIONS

1.   Richard Carvallaro, 7 Hull Street Seekonk, MA (02771) was sworn in by City Solicitor.

Mr. Carvallaro states that he had been a tower for the City of East Providence for ten years when he was falsely accused of something he did not do, and as a result, was suspended pending the outcome until the outcome of the trial.  There was no trial and would now like his job back so he can support his family.  

Mr. Conley states as Mr. Carvallaro is on the tow list as a suspended tower, a recommendation would have to come from the Police Chief to the Council. 

On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to refer to the Chief.  It is noted for the record that Councilwoman Perry was absent.

Councilman Silva questioned the next meeting date.  It was originally March 4^th and at the last meeting was changed to March 5^th and then change back to March 4^th.

Ms. Nunes states it was changed back to March 4^th because City Hall would not be closed for that Presidential Primary, but Councilman Silva states he would have a problem with that because he had changed his schedule for March 4^th.

On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to change back to March 5th.  It is noted for the record that Councilwoman Perry was absent.

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

Mayor Ramos warns Mr. Riley that he was given an hour and fifteen minutes at the last meeting, and that it won't happen again.

Mr. Riley states that for the general public information, there is a video of the Canvassing Board Meeting that was held on February 12, 2008  at you tube video search at bobcar514, for them to appreciate what he is about to share.  

Mr. Riley goes on to speak about the meeting, stating that every concept of Roberts Rules of Order was ignored and several State Laws were ignored it not broken at the meeting.  He says that there was no agenda presented other than the fact there was an announcement of a meeting, and the agenda that he presented was ignored.  He mentions that Maryann Callahan is not a member of the Board of Canvassers, and asks that the website be corrected. 

Mr. Riley states that if Mr. Conley had been present, the meeting would have gone differently because he would have been able to enforce Roberts Rules of Order; and the police would not have been called by the Chair because he would not acquiesce his right as a United States Citizen and as a member of the Board to be heard.   He goes on to say that Ms. Callahan is not the Clerk of the Board, but the Clerk of the Canvassing office. 

Mr. Riley states his frustration with the fact that the State Board of Elections clearly states that changes made by the Canvassing Authority have to be approved unanimously by them, and this is not being done.  He says the problem is the Board's unwillingness to follow the law.  He speaks about the upcoming Presidential Primary and the fact that there have been almost 8,000 voters assigned in each of the 4 polling places that have been designated for that election. 

He says that with a record number of new voter registrations for this election, and record voter turnouts around the Country, Rhode Island may very well be the swing State.  He tells the Council that this is going to be a disaster if they don't do something. 

Mayor Ramos states that he is very disappointed in the Canvassing Board, and agrees with a lot of things Mr. Riley says.  He says he is very disappointed with the fact that Mr. Riley had been asking for a meeting for some time, and when the meeting finally took place, none of his requests were on the agenda.  He says that one thing he always believed in is working together, and for the Board members to not share with Mr. Riley is totally ridiculous. 

Mayor Ramos goes on to say that he is not talking as a Democrat or Republican, but as a human being.  He says that the name of this game is to take care of taxpayers and the voters in this City, and tells Mr. Riley that he knows Mr. Riley means to do that, and everybody else up there should be meaning the same thing.  It shouldn't be a personal vendetta.  He tells Mr. Riley that he is not saying that Mr. Riley is right about everything, but he does agree that the others are wrong and not doing what they should for the community. 

Following further comments by Mayor Ramos, Mr. Riley states while the Mayor does not want to micro-manage the department, that he and the other Council members can demand that the Board follow Title 17 the Election Laws Title 42 the open meetings act and if they can't follow those laws that he and the other Council members under City Ordinance 11-46 can remove them for Misfeasance and Malfeasance.  Mayor Ramos replies that he is not going up there to remove anybody.  He says that his frustration is that he wants what is best for the taxpayers and voters of the City, and what we are getting is childish behavior and not the best for the community.

Councilman DiTraglia states that if that Board is breaking the law, then the Council has the right to know, and he says he can almost guarantee that future meetings will be held at decent times, in the evening.

Councilman Cusack asks Mr. Conley what authority the City Council has over the kids of legal issues Mr. Riley has raised.  Mr. Conley states that the Council has no legal authority and no jurisdiction over those issues, that it goes to the State Board of Elections.  He said that even if the Council wanted to address the issue of polling places, anything they did would have no legal affect whatsoever.  He says that if there is a legal challenge to an action by our Local Board of Canvassing Authority, it needs to go to the State Board of Elections.  Also, he says that although the Council cannot regulate the elections, because they are Council appointees, the Council has the authority to make sure they are fulfilling their appointment responsibilities. He tells the Council that if they remain silent, they acquiesce, and he says in all candor that he does not agree with a lot of the legal propositions that Mr. Riley has brought to the Council.  He says he disagrees of positions Mr. Riley has taken as to how he interprets the State statue.  He says Mr. Riley sees it in black and white and some he (Mr. Conley) disagrees with.  He says he can give advice and if they act on their own actions, they are repeatable to the State Board of Elections so despite whether I agree or disagree it doesn't mean it as been suggested on prior occasions that because I didn't disagree when he made the propositions to the Council that I agreed with them when he brought them to the Board of Elections because I don't want him to make that later when we disagree that I changed my mind.   I want that to be clear to Mr. Riley at this point.  I do understand Mr. Cusack that I do try to make the Canvassing Board Meetings.  This particular meeting I had a conflict.

Councilman Cusack states so we appoint and we have the power to remove, but we can't micro-manage them.

Mr. Riley states if I can be brought up for offhand remarks, then neglecting duty, ignoring the laws, misfeasance and malfeasance, and a video to document it, gives the Council some traction to move in that direction and to enforce this Board to run the way it should, rather than being a free for all.

Mayor Ramos adjourns the meeting at 10:20 P.M. on a motion of Councilman Silva, seconded by Councilman DiTraglia.

Attest:

_________________________________

Virginia B. Nunes

City Clerk                                                                   Approved:    March 18, 2008