CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNALS

October 21, 2008–Regular Meeting 

CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

REAL ESTATE APPEALS & HARDSHIP (Requested by Tax Board of Review)

ALCOHOLIC BEVERAGE CLASS F  NOVEMBER 15, 2008     

Sacred Heart Church, 118 Taunton Avenue (02914)

Annual Dinner Dance

HOLIDAY SALES

Rhonda Price, d/b/a Secret Petals, 99A Taunton Avenue (02914)

VICT/NOT OVER 25 (TRANSFER)

From:  Mario Rodriguez, d/b/a Big Apple Convenience Store, 85 Burgess Avenue (0214)

To:  Big Apple Convenience Mart, Inc, d/b/a Big Apple Convenience Store.

HOLIDAY SALES (TRANSFER)

From:  Mario Rodriguez, d/b/a Big Apple Convenience Store, 85 Burgess Avenue (0214)

To:  Big Apple Convenience Mart, Inc, d/b/a Big Apple Convenience Store.

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

APPOINTMENTS

1.  BOARD OF ASSESSMENT REVIEW (by Mayor Ramos)

Lucy Stoddard (reappointment for a term ending 12/2014)

5 Carolina Avenue (02915)

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

2.  HARBOR MANAGEMENT COMMISSION (by Councilman DiTraglia)

 Frederick C. Bieberbach, Jr.  (for a term ending 11/5/10)

40 Union Street (02915)

On motion of Councilman DiTraglia, seconded by Councilman Silva

Councilman Cusack states there’s been a complaint filed with the Human Rights Commission of the State of Rhode Island and more recently a Law Suit in Federal Court against City Council and us individually by Mr. Damiani of Riverside about an appointment as Assistant Harbormaster contingent upon his successful passing of a physical. Mr. Bieberbach wrote to me on May 16, 2008 in a highly critical letter, criticizing the Council me personally very strongly worded basically takes Damiani’s side of this cause.  I believe that even though he may be qualified for the position this speaks about his demeanor and his attitude and he did voluntary resigned.

Councilman DiTraglia states the appointment doesn’t go to Mike Damiani it goes to Mr. Bieberbach and I left the resume to show he is qualified. 

Councilwoman Perry states I was taken aback this paragraph says this current City Council has ignored the recommendations and we’re responsible for all the people who have left the commission and there were some good qualified appointments, David Murray and Capt. McFay and I was never told by them it was the City Council but Mr. Bieberbach thinks that so I believe we should wait until the next Council to make the appointment.

On motion of Councilman DiTraglia, seconded by Councilman Silva and a roll call vote is taken on the motion to approve.

The motion is passes on a 3-2 vote.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1.   B – FULL PRIVILEGE (STOCK TRANSFER) (Subject to approval from State Division of Taxation)

Ban Chiang, Inc., d/b/a Siam Square Restaurant, 1050 Willett Avenue (02915)

Joshua Slepkow states I’m the attorney for Nareentuch and Salitree, Phovijit for the transfer of a beverage license my clients are current employees of Ban Chiang, Inc that does business as Siam Square they are in the process of purchasing the stock of that corporation my clients are Tips certified.

No one 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.

LICENSES NOT REQUIRING PUBLIC HEARING

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

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

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

Mr. Conley states recently approved on the renewals for the coming license year but at my request removed the name of Sao Miguel Eateries, Inc., doing business as Estrela Do Mar.  I made that request because the City Clerk’s office said that the transfer from CMC Restaurant, Inc., d/b/a Estrela Do Mar to the potential license holder had not taken place.  The Council had approved the transfer from CMC to Sao Miguel.  I received correspondence from Counsel that the transaction could not be consummated  to the transfer will not take place and is withdrawn the license will not issue to Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar request this a withdraw the transfer.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

ORDINANCES – FINAL PASSAGE (Given First Passage October 24, 2008 Advertised – Prov. Journal –October 27, 2008.)

1.      The following is an ordinance ordering the assessment and collection of property tax on the ratable real estate, tangible personal property, and an excise tax on registered motor vehicles and trailers.

         AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF

     PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL

                    PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR

                                                   VEHICLES AND TRAILERS.

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than Eighty-five Million Four Hundred Twenty-five Thousand ($85,425,000) Dollars nor less than Eighty-four Million Three Hundred Twenty-five Thousand ($84,325,000) Dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2008 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2009 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed.  Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1^st day of June 2009 and the 1st day of July, 2009 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2009, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2009 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1^st day of June, 2009 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2009, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2009, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2009 and the fourth installment of twenty-five per centum (25%) on or before the 1^st day of March, 2010.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1^st day of June, and the 1st day of July, 2009 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.

SECTION II.  That any of said taxes not paid on or before the 1^st day of March, 2010 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

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

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

No one from the public wishes to be heard.

Councilman DiTraglia asks this ordinance is a tax increase and Mr. McDonald states this is allowing us to send out the tax bills and raising the revenue for the fiscal year.

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

2.       The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes.

                           AN ORDINANCE AUTHORIZING THE DIRECTOR OF

                   FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2009 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Director of Finance)

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

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.

3.      The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue.

                           AN ORDINANCE AUTHORIZING THE DIRECTOR OF

               FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE.

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2009 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Director of Finance)

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

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.

4. The following is an ordinance amendment regarding Water Consumption Portion Sewer Charge.

                     AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

                 REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                  RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

            SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

(c) The water consumption portion of the sewer charge shall be at a rate of $4.00 4.40 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

SECTION II.  This ordinance shall take effect November 1, 2008 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Director of Finance)

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

No one from the public 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.

5.   The following is an ordinance amendment regarding Water Rates.

                     AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

                 REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                  RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.   Subsection (a) of Sec. 17-36 entitled “Water Rates.” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

            (a)  The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $2.45 2.85 per 100 cubic feet for all consumers.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Director of Finance)

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

No one from the public wishes to be heard.

Councilman DiTraglia asks this is because the water rates go up because of Providence water and Mr. Brown states primarily.

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

CONTINUED BUSINESS

NEW BUSINESS

REPORTS OF OTHER CITY OFFICIALS

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

            Mr. Conley presents Litigation Report from November 5, 2008

Michael J. Damiani VS City of East Providence C.A.No. 08-405S Receive as information.

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

INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on November 18, 2008 for a public hearing and consideration of final passage).

1.   The following is an ordinance pertaining to the stop sign for Plymouth Street (eastbound traffic) at Hedley Circle.

                     AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

                 REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                               RHODE ISLAND, 1998, AS AMENDED, ENTITLED

                                                   “VEHICLES AND TRAFFIC”

       THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:

PLYMOUTH ROAD (eastbound traffic) at Hedley Circle

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by:  Mayor Ramos)

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

On motion of Councilman Cusack seconded by Councilman DiTraglia

Councilwoman Perry states I want to go on the record of example of special interest this ordinance is going to benefit one person I spoke to quite a few people yesterday at the poles and this is going to be an inconvenience for them because they live further down the street and it’s only to let someone get out of their driveway.  It’s wasteful spending it’s going to cost at least $1000 and I’m told if it doesn’t work we can always take it down that will be another $1000. 

Councilman DiTraglia asks is this going to cost $1000 and Councilwoman Perry states the advertisements run between $300 -$400, you have to advertise an ordinance twice that’s not including your labor and time and that’s to put it there, if you decide it doesn’t work it’s $1000 to repeal the ordinance.

 Mayor Ramos states if someone gets killed out there then I have a problem and I talked to the neighbors and they wanted it.

On motion of Councilman Cusack, seconded by Councilman DiTraglia and a roll call vote is taken on the motion to approve.

The motion is passes on a 4-1 vote.

C.    COUNCIL MEMBERS

1.      CITYWIDE JOB FREEZE (by Councilman DiTraglia)

Councilman DiTraglia states I brought this up and was voted down and now we’re more in a fiscal situation now I have a list of jobs that are open that’s been two vacant highway and labor the average is $32,000 since the year 2006 not counting benefits it comes out to $360,000 I think we should wait on these positions.  Police four positions vacant since March 2007we have to start somewhere.  If we freeze the jobs and as the monies come in we take the highest priority ones first. 

Mayor Ramos states I’m against putting pressure on the City so the School Committee can pad some of those super stars budget I look at $110,000 in the Finance Department we argued about consolidating they fill the jobs and now they want to talk about consolidating We have a Legal Department here who has five people $400,000 they have one staff member for $300,000 and we sit here brow beating the Fire Department and other Departments chop down the City side and pad the School side.

Councilman DiTraglia asks Mayor Ramos if he gets $10,500 for a doctored degree and Mayor Ramos states you do get paid extra but I didn’t know they paid that much I never saw that and I had a Ph D not at Ed D.

Councilwoman Perry agrees with Councilman DiTraglia we have to show fiscal responsibility but I really think the City Manager wouldn’t fill positions that weren’t necessary plus the fact we have minimum manning requirements for Police and Fire.  This list has couple of vacancies 2006, 2007 the City Manager hasn’t filled them.  You have winter coming up we might have to put extra people on for plowing or whatever.

Mayor Ramos asks if there’s a freeze but it allows City Manager for emergencies. 

Councilman Cusack asks Mr. Brown what is your definition of a job freeze and could you outline the pros and cons and would a job freeze save money.  Mr. Brown states we have the best of both worlds right now, we have the impact of what amounts to a job freeze in terms of forcing saving within our department without having a freeze itself.  If you have a freeze unless I have specific approval from Council I cannot fill any position whatsoever.  We deal with a number of temporary positions that staff recreational functions, seasonal positions pending approval Police look at the long term or Fire retiring coming available of space at the training academy a number of left open assistant building inspector,  network administrator for IT luckily we’ve gotten away with it,  we are heavily dependent of it.   Every time we don’t’ fill those positions we are at risk of compromising our systems but by having the flexibility I’m not going to fill positions that I don’t have to.   We have been managing and generating the savings in effect. 

Councilman Cusack asks Mr. Brown would a job freeze save money and Mr. Brown states a job freeze compared to what we have now; no it would not save money because we are already saving money.  If  any organization was geared to simply fill every position without regard to looking at the need at that time yes it would save money but we are not there.  Councilman Cusack asks give me an argument why you don’t want a job freeze and Mr. Brown states the most important argument is the administration is responsible  for managing the recourses to provide the best services possible for citizens with as little as possible cost.     The most important asset we have to manage is the people we have doing the job.  Councilman Cusack asks say the IT Director left with a job freeze you wouldn’t be able to replace a key person.   Mr. Brown states under that scenario I would have to come to the Council and it could or not get approved and the freeze also a delay and minimum of two weeks perhaps longer.

Councilman Cusack asks there are sixteen positions presently unfilled do you have to fill them in the near future and Mr. Brown says yes I do I have to fill wastewater operator,  water utility positions those are in the enterprise funds and those positions are important for meeting permit.  I have to talk to the Chief about planned retirements so we don’t go to low in the number of vacancies we have in the Police Department because of the long training cycle we have to make sure we are on top of that.  I will look to fill the communication dispatcher position that’s an essential position that we have to have filled. 

Councilman DiTraglia states I want more control and Mr. Brown states whether you want to have the City Manager’s office and the staff we have manage the positions or whether you want that to be a Council responsibility and I think we demonstrated that we manage it pretty well.

Councilman Cusack states a freeze sounds good but it’s like an artificial restriction I would like us to get as much done to deliver the services to the people with less recourses if that’s possible.  I would be in favor of a report ahead of time of positions that are considered filling, not people but positions.

Mr. Brown states about two months ago I started putting that information in the Friday packets about recruitments that we were going to be making, one of reasons you have not received information is because we haven’t done them but I can revise that report so you will get one whether we do or not.

On motion of Councilman DiTraglia seconded by Councilman Cusack and on a roll-call vote, it is unanimously voted for the City Manager to submit a weekly report on jobs.

Councilman Cusack asks about a note on a meeting at 2:00 P.M. on Friday, November 7^th      and the City Clerk states the meeting is regarding signs.  Mayor Ramos asks why it is at 2:00 people are working.  Mr. Conley states that if three members of the Council are going to attend the meeting it will be cover by the Open Meetings Law and need to be posted and it would be a City Council Meeting.  Councilman Cusack states this is a staff meeting and Mr. Brown states I did request that the business community and the Chamber be invited to the meeting.

On motion of Councilman Cusack, seconded by Councilman DiTraglia, it is unanimously voted for unanimous consent for the IFFA to be heard.

Paul Cotter, 165 Bradford Avenue (02914) was sworn in by City Solicitor.

Mr. Cotter states I didn’t formally request to come up here but like the letter said I wanted you to be informed that the tirade you went on Mr. Cusack just didn’t happen.  The negotiations never got to that point of talking about schedule change, I believe you must have been under the assumption that it did and it never did.  I wanted that to be clarified.  Councilman Cusack responds the only knowledge from the City Manager question and in the package a meeting.  You can review the tape and whatever I know it is how I learned it.   I asked the City Manager is it true there is $2M dollars of savings that could be achieve from a mere schedule change and I got answers and I asked more questions.   Mr. Cotter states what I took offense to is you basically called me and the leadership Militants and unforgiving when this Union has been anything but.   We stepped up to the plate we’re taken zeros; we were the first one to deal with the premiums in our health care the list goes on.  You were misinformed and you basically put us over the coals.  Councilman Cusack states I already explained to you how I got my information I don’t know if that information is true or not true your asserting that it wasn’t the whole truth because you discussed it at the end of your letter.  The point that I made is if there is savings to achieve through a scheduling change of Firefighters service that prevent and be so significant that would avoid a tax increase for this whole City that would be something to be achieved and I would like to see it achieved and then when I’m told there was a refusal to do that and there’s a discussion of a lifestyle change I should of asked a lot more questions.   Mr. Cotter states when you’re talking about such a drastic change in the department should be at least discussed and negotiated to go from 42 hours to 56 hours and take it or leave it is not realized and I didn’t think we deserve the bashing we got because of it.  Councilman Cusack states well look for a full discussion for it. Mr. Brown states in the interest of harmony and ending the meeting at a reasonable hour I’m not going to respond but I think there was a discussion of moving forward on the issue as part of the successor agreement of the one year reopener I believe we left the session that day indicating that we were going to agree to disagree and we would move forward on the one year reopener.  I was the one who use the word lifestyle change.  Mr. Cotter states and you know our door is always open.

ADJOURNMENT

Mayor Ramos adjourns the meeting at 8:50 P.M. on a motion of Councilman DiTraglia seconded by Councilman Cusack.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    November 18, 2008