CONSENT CALENDAR

8^th ANNUAL BLOCK PARTY – SATURDAY, JULY 19, 2008 3:00 P.M. – 10:00 P.M.

Gregory S. Dias, 57 Tryon Avenue, (02916) requesting Tryon Avenue be blocked at the corner of Gibbs Street and the corner of Merchant Street and that Estelle Street be blocked at Ferris Avenue.

VICT/NOT OVER 25 – CLASS 3

Blount Clam Shack at Crescent Park, 33 Water Street, Warren (02885)

ALCOHOLIC BEVERAGE – CLASS – F

Brain B-Lo Lundstrom Memorial Fund – 59 Brightridge Avenue (02914)

CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

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

PROCLAMATIONS & PRESENTATIONS

Officer Kyle Shibley Citation 

Mayor Ramos asks Councilwoman Perry to do the presentation because she was the one who brought this to our attention at the last meeting.

APPOINTMENTS

 Beautification Committee (by Councilman DiTraglia)

Anne O’Hara (reappointment for a term expiring 12/1/11)                                                       

12 Rowena Dr. (02915)

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

East Providence Public Library Trustees (by Councilman Silva)

Paulo Silva (reappointment for a term expiring 2/1/11)

150 So. Rose Street (02914)

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

East Providence Public Library Trustees (by Councilwoman Perry)

Janet Seals (reappointment for a term expiring 6/17/13)       

30 Stephen Street (02915)

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

Historic Properties Designation and Study Commission (by Mayor Ramos)

Constance Crowshaw (reappointment for a term expiring 6/17/11)

4 Miriam Street (02916)

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

Historic Properties Designation and Study Commission (by Mayor Ramos)                                                     

Edward Serowik (reappointment for a term expiring 6/17/11)

147 Bell Avenue (02915)

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

Historic Properties Designation and Study Commission (by Councilman DiTraglia)

George Page (reappointment for a term expiring 6/17/11)

31 Forest Avenue (02915)

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

Historic Properties Designation and Study Commission (by Councilman Cusack)

Nancy Moore (reappointment for a term expiring 6/17/11)

14 Josephine Avenue (02916)

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

Minimum Property Standards Board of Review (by Mayor Ramos)

Steven Gianlorenzo (Alternate) (reappointment for a term expiring 07/14/13)

25 Tripps Lane (02915)

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

Zoning Board of Review (by Councilman Silva)

John Braga (WARD 2) (reappointment for a term expiring 6/17/13)            

45 Mary Avenue (02914)

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

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS – LICENSES REQUIRING PUBLIC HEARING

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

Maxi Drug South LP, d/b/a Rite Aid #10256, 655 Warren Avenue (02914)

Frederick Aparicio, 69 Beverly Road (02915) was sworn in by City Solicitor.

Mr. Aparicio states we’re looking for application of 24 hours; we are a 24 hour store the application was brought to our attention last month that we didn’t have the application so we are here to apply for it.

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

B – FULL PRIVILEGE (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)

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

LICENSES NOT REQUIRING PUBLIC HEARING

VICT/NOT 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

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

CARNIVAL - JUNE 26, 27, 28 & 29, 2008  (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, State Division of Taxation, Fire Marshall, and Electrical Inspector)

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

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

CONTINUED BUSINESS

NEW BUSINESS

CITY MANAGER’S REPORT

WASTEWATER TREATMENT PLANT – DESIGN, BUILD & OPERATE

Mr. Brown states we conducted a review with a committee composed of Tom Azevedo, Tom White, Paul Airozo, Steve Coutu, Erik Skadberg and myself.  Based upon the review of that committee and the follow up by the Director of Purchasing we are recommending that the DBO contract be awarded to Malcolm Pirnie, Inc. and we would ask Council’s approval to negotiate and award that contract.

Councilman Cusack asks what services would be provided by this contractor.  Mr. Brown states the contractor is going to manage the DBO process, there basic responsibility is to obtain a firm that will design, build and operate our wastewater facility and manage the improvements that we are required to make under our consent agreement with DEM.

Councilman Cusack asks will the contract be prepared by someone else.  Mr. Brown states generally there is the engineering side and the legal side; this is simply for the engineering side.  The legal services will be determined by the City Solicitor.  Councilman Cusack questioned the bid procedure and states this along with the legal work is more important than the actual builder and operator of our wastewater plant.  We transfer the risk to a private entity and many other Municipalities have entered into these agreements and some have had big disputes.  We need to have protection and if anything goes wrong we are not going to be held liable.  Councilman Cusack had some concerns which Mr. Brown had check out and were positive.  The purchasing director check out references and you were concerned with Bridgeport.  Bridgeport was happy with Pirnie they’ve done a good job for them and there were no change orders.  Councilman Cusack asks about Newport and Mr. Brown said they were happy with Pirnie.  There have been some changes since the original contract but the people who are there now are happy with Pirnie, there recommendation to us was to insure that after we go thru the process and do the DBO and get that all ironed out the same company should supervise the construction.  Mr. Brown states he went into the evaluation section intending to be a tie breaker, if there was a problem in the rating, which wasn’t necessary.

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

FINANCIAL STATEMENT AUDIT

Mr. Brown states that in your packet is a letter from our certified public accountants, Bacon & Company this requires that Council accepts for the record.

Councilman Cusack states not now but I would like to have the Finance Director with the assistance of the City Manager address these deficiencies and recommendations and our response to them, particularly with the consolidation with the School Department.

Councilman Silva states he thinks it should be discussed at a joint meeting with the School Department.

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

DREDGING OF BULLOCKS COVE

Mr. Brown states several years ago City Council approved the dredging project of Bullocks Cove; this is a project that we are taking in conjunction with Barrington and Army Core of Engineers.  At the time there was a $50,000.00 commitment to the project and Council agreed to fund that.  The project had been delayed and the Army Core is asking again for our commitment.  We have determined that the cost has increased slightly it maybe up to $57,000.00.  Barrington will put in $57,000.00; we are hoping it will be less. 

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

PURCHASE WATER UTILITIES SERVICE TRUCK           

Mr. Brown states this is a replacement vehicle for the Water Department, it was bid and the one recommended was $119,264.00.  This truck is heavily used with hydraulics, movement of equipment and unless we replace it we don’t have the capacity to work on our water lines in the way we need to, so I will ask Council’s approval and this does not come out of the General Fund.

It comes out of the water fund and the funds are there for it.

On motion of Councilwoman Perry, seconded by Councilman Silva 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)

Litigation:

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

COUNCIL MEMBERS

   FOUR DAY WORK WEEK (by Mayor Ramos)

Mayor Ramos states I heard that other communities were doing this and I would like the City Manager to look into this and get his input.  Mr. Brown states he will respond in more detail later, his initial reaction is one that’s not insurmountable we have five collective bargaining agreements and we would need to look at those to see how those could  be impacted by a change in our schedule.  Most importantly our citizens are used to accessing us five days a week.  There’s ways around it by keeping the building open five days but allow people to work four day schedules but then we have to look at staffing, the advantage would be more to our employees.

Councilwoman Perry states several years ago the City Manager looked into the possibility of having the City Hall open one evening a week, which a lot of communities do, like the banks have a Thursday open till 8:00 P.M.  Have some of the employees come in at noon time and work that night.  We tried sitting down with the Unions, it was difficult and we weren’t able to work it out.  I would love to see that because in Government we are providing services to the community, I think evening hours would be such a benefit for so many people even if it weren’t all the offices in City Hall.

Mayor Ramos states he was looking at the cost savings to the taxpayers and as far as the Unions this is a different time we have to reach out to the people we can’t look at the past we have to look forward.

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

RECYCABLE BINS CONSIDERATION FOR ELDERLY (by Councilman DiTraglia)

Councilman DiTraglia states he’s concerned about the elderly that can’t put the recyclable out every week and suggested color coded stickers.  Mayor Ramos states that he spoke about the elderly at the last meeting. Mr. Brown states Elmer Pina, Bob Rock and people from the school system are working with a plan to provide some assistance for seniors in a number of activities that they may have trouble providing for their own care in their property.  Mr. Brown states we talked about the recyclable program running for a least a month and get some feedback.  Our preliminary report after one week shows our recyclable went up about 23%. 

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

 24 HOUR CALL VEHICLES (by Councilman DiTraglia)

Councilman DiTraglia states I made suggestions about saving fuel and so on, one of my biggest concerns were vehicles being brought home, my concerns are people on 24 hour calls, and how they’re responding to a call. Have there been any problems?  Mr. Brown states we have not had any problems, I’ve had some correspondence from at least one department head a concern with the policy but it was pretty hypothetical rather than specific.  Some of the vehicles that were characterized at 24 hour were designations that were self imposed rather than the necessity of the job. 

Councilman DiTraglia was concerned about safety.  Councilman Silva asks for a revised list.  Mayor Ramos states we have to go with change to save money for the taxpayers.

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

 INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on July 15, 2008 for a public hearing and consideration of final passage).

1.      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”, pertaining to the stop sign for Bloomfield Street (eastbound traffic) at Fairview Avenue.

On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to dispense with the reading of the ordinance.

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

2.      AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”, regarding “Fire Prevention” Fire code adopted.

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.

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

         The following is an ordinance amendment regarding “Fire Prevention” Same-fee.

3.  AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED        ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”, regarding “Fire Prevention” Same-fee.

On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to dispense with the reading of the ordinance.

Councilman Cusack asks the City Solicitor if these first readings are to put us in compliance with the State Law.  Mr. Conley states both Fire Code ordinances are exactly that.

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

COMMUNICATIONS

Maryann Mathews, 51 Outlook Avenue (02914) was sworn in by City Solicitor.

Ms. Mathews states there are candidates on this certified eligibility list that are not qualified for the position as the minimum standards you set, this individual has to have some Affirmative Action EEO experience.  There are people on this list that have none and when I addressed that with the HR department the answer was we will train them.  We cannot afford to have someone in that office that cannot hit the ground running.  The City needs to update their policies and enforce them.  Welfare Human Service office needs to be staffed.  Reenact your Affirmative Action Committee.  I was supposedly sitting on the Affirmative Action Committee of the School Department after three meetings of advising them that they were not following the law or their policy we suddenly stopped having meetings and I can’t get them to meet again.  I had a conversation with Lonnie and the Deputy Superintendent again today.  I do not want to have to go into litigation with this city to get us to do the right thing.  Our ordinances, I can determine that the cities Affirmative Action officer and committee has the authority to oversee and monitor the School Department and that would work wonderfully, but we need to have you reenact that. 

ADJOURNMENT

Mayor Ramos adjourns the meeting at 9:05 P.M. on a motion of Councilman Silva, seconded by Councilman DiTraglia.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

                                                                        Approved:   July 15, 2008