CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNALS

August 19, 2008–Regular Meeting 

September 2, 2008–Regular Meeting

WRECKER/TOWER

East Providence Towing, Inc., 482 Waterman Avenue (02914)

WRECKER/TOWER

East Providence Recovery & Towing, LLC, 101 Commercial Way (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.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

CLASS A RETAIL (CHANGE OF LOCATION)   (Subject to approvals from the Chief of Police, Building Inspector, State Division of Taxation, and Fire Marshall

Liquor Depot East Providence, Inc., d/b/a Wine & Spirits Depot, 1925 Pawtucket Avenue (02914)

Attorney Joseph Keough represents the applicant this matter change of location 1235 Wampanoag Trail to 1925 Pawtucket Avenue.  He submitted a revised map which the Council had.  The question the last time was the 500’ from the proposed establishment to the nearest property line to East Providence Vocational School and goes outward it’s well beyond the 500’ the city’s engineer department did a study and they confirmed it beyond the 500’.  The proposed store measurements are further its 921’ and 898’so the store is well beyond the 500’ so I would ask the Council’s approval.

Councilman Silva asks if you plan to open up the liquor store before the Stop & Shop goes in.  Attorney Keough was not sure and Councilman Silva asks if this proposed building been approved yet.  Attorney Keough everything would be subject to building department.

Attorney Robert M. Brady, 1 Grove Avenue (02914) on behalf of two Class A retailers within the City Jordon Liquors and Wine & Spirits their primary objection was with regard to the location proximity wise with the proposed liquor store to two schools it would appear that the corner of the building is in fact more than 500’ however in terms of the premises where the liquor store would be located is clearly within a 500’ radius.  The concern my clients have as responsible business people you currently have a full operating Class A retail store in a location where primarily traffic that visits that store is vehicle traffic the location proposed here would be vehicle traffic and foot traffic.  Recently a complaint filed regarding Burger King and kids.

Councilwoman Perry states I’m not concerned with your objection but I’m concerned with the proximity of the high school and the vocational school.  I’m surprised I haven’t heard from teachers.

Raymond Lombardo 52 Merritt Road (02914) was sworn in by City Solicitor.

Mr. Lombardo states we try to be good neighbors and we do attempt to respond to the local venders in the area and we get numerous calls.  This is going to be a great attraction for our kids. On behalf of the high school we strongly oppose this transfer. 

Anthony Shepherd, 40 Rosemere Drive (02914) was sworn in by City Solicitor.

Mr. Shepherd states there are already regulations in place controlling the location of liquor stores as opposed to schools I don’t see any reason to restrict a ligament businessman who fits within the zoning regulations that the city has set.  We also need the tax dollars.

Attorney Keough states the Burger King kids can hang out there a liquor store is not a place to hang out at.  This is a busy shopping plaza a kid would be afraid to meet a neighbor, their parents or relatives.  I have a client that is a good corporate business no service to minors and a shopping plaza greatly distracts a minor trying to by liquor.  I ask that this application be approved.

Councilman Cusack asks if there is any seating and Attorney Keough states absolutely none, Councilman Cusack asks what the minimum drinking age is in RI and Attorney Keough states 21.  Councilmen Cusack asks what measures do your clients take in the operation of their store assuring that they are not inadvertently selling to minors and Attorney Keough states there are signs that say if your under 25 or 30 you are going to be carded in addition there are security cameras the employees are trained much like TIPS certification in fact it may even be TIPS certification there’s strong management. 

Mayor Ramos states he was the VP of the high school for many years we had a problem with Shaw’s and Burger King we’re talking 2000 kids I’m afraid there will be a problem.

Attorney Keough states Burger King or Shaw’s it’s not unusual to see kids in there they blend in quite the opposite happens with the liquor store they stand out more.  The liquor store is one stop by law they’re not allowed to go.   If someone walks in that looks young at 2:30 it raises awareness.  

Councilman Cusack asks has the current store ever been sited any violations over the past ten years and Attorney Keough said he didn’t think so he didn’t see anything in the file. Councilman Cusack states all of the tragedies of Barrington over the last three years accidents, fatalities, various things some of those kids got alcohol in Providence I would note that they drove pass your client’s store in order to obtain it so I would come to the conclusion that store does not have the reputation that it’s easy to by as a minor.  Councilman Cusack asks Mr. Conley if someone gets denied something they appeal it to Superior Court and 90% of the times win.  Mr. Conley states the appeal from here is with the liquor controllers’ administration of the Department of Business Regulations and absent of some specific valid or good cause reason for denying the license the likelihood of a successful appeal is very high.

Councilman DiTraglia states he was in the liquor business we never sold to minors our law is 500’ if we deny this license we break our own law; it’s up to the liquor store and management that has to enforce the laws and has to abide by.

Mr. Lombardo states I disagree with the proximity of people seeing them you don’t know the kids in EPHS they will not be intimidated by their neighbor or somebody else over there.   When you walk into a liquor store no one asks for an ID until you go to purchase.   They sell cups, soda, potato chips; they sell various items that are non liquor.  I’ve been in the store when there were kids in the store.   We have a serious problem with pilfering we get a call from Shaw’s at least once a week.  Some of our 17 year olds look 25.

Mr. Shepherd states you’re trying to put a man’s business in jeopardy with reasons that have nothing to do with regulations of a city I think it’s time you get on the facts of this case and stop looking for loop holes.

Councilman Cusack states he came here tonight undecided and he will support this.

Councilwoman Perry states she was the City Clerk when the Liquor Depot came to the City and it’s true there were never any complaints and it was a very well run establishment I’m not concerned about the kids going in and buying liquor the business is well run and they will abide by the law it’s just the proximity and the idea that kids are going to be around this establishment and I don’t feel it’s a good fit for that mall I can’t vote in favor for it.

On motion of Councilman Cusack, seconded by Councilman DiTraglia and on a roll-call vote is taken on the motion:

The motion is defeated on a 3-2 vote.

ENTERTAINMENT (Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall)

Casa Brasil, LLC, d/b/a Casa Brasil, 543-545 North Broadway (02914)

Jose L. Barros, 159 Grove Ave (02914) was sworn in by City Solicitor.

Mr. Barros states in 2001 he opened a restaurant a few years back we had a beer and wine license and a couple of years ago we got a full liquor license but the biggest thing for a Brazilin restaurant all over the world is guitar entertainment for the people having dinner.

Councilman DiTraglia states on the application you have guitar and piano.  Are you only going to have them play at dinner? Mr. Barros states yes.

Councilwoman Perry asks if there was going to be amplification.  Mr. Barros states no.

Gerald Tameo, 558 No. Broadway (02914) was sworn in by City Solicitor.

Mr. Tameo asks if all the information from zoning is passed to City Council and was told some.   There are six establishments in a four block area that sell liquor we are against this.  It is too small simply a wooden framed house my house is across the street.   If you give a permit to this gentleman there will be a progression today a guitar tomorrow a piano, in a month the bongos, then dancing girls will be there in a year.   Parking is less then when granted full use of the variance, this place creates a nuisance, I’m concern about the quality of life.   They won’t do soft music once he gets the permit they’ll do anything they want.  January 28, 2004 zoning board voted 5–0 against now about a month or two ago they voted 5 to 1 granting it.  Nothing has changed I don’t know how they can change it.

Donna Buxbaum 135 Cadorna Street (02914) was sworn in by City Solicitor.

Ms. Busbaum states the zoning board is in possession of a petition that was circulated around the neighborhood requesting that this not pass.  I spoke with a lot of people who signed it and my own personal feeling is that we have no problem with Joe having acoustic entertainment inside the club our concern is that unless it’s restricted by the Council to just acoustic music before we know there will be outside amplified music again.  We did have an issue a number of years ago, it has not happened since then.

Jeff Valardo, 66 Chestnut Avenue, Cranston, RI was sworn in by City Solicitor.

Mr. Valardo states he’s work there since he opened it is small we can’t add bongos.  The bar across the street is opened to 1:00 the restaurant closes at 10:00.  These are trouble times with the economy a guitar and keyboard    I fell it won’t hurt the surrounding community.

Mr. Tameo states the zoning restrictions were no dancing, no electrically supported music, no outside speakers.

Mayor Ramos states I have been in that restaurant and it is small and there are no bongos or outside music, no dancing and I’m going to be for this license.

Councilman DiTraglia states the surrounding establishments have been there a long time and the Riviera, Merrill Lounge, Mulhearn’s have full bands. 

Councilman Perry states Mr. Barros knows that if he does anything that the Council doesn’t approve of he will be called in here subject to be shut down.  He knows that, he knows the law.

Councilman Cusack asks Mr. Conley what does license authorize this applicant to do, it says dance/entertainment and Mr. Conley states granted without any stipulations attached to it, it allows the applicant to have any kind of entertainment and accompany that with dancing.  The Council does have the right to add conditions or stipulations to the issuance of the entertainment license.  For example no dancing, no electrically supported music, no outside speakers and no outside music.

Councilman Silva states I have no problem with outside speakers, but if he’s going to have a keyboard that has to be plugged in.  The man might have made a mistake once and had an outside party but I don’t think we should beat him up for the next ten years because I think he learned his lesson and knows that he’s not suppose to do something like that and I think he has been trying to live within the law.  Councilman Silva states he would like Mr. Barros to say on the record no dancing and he did.  Councilman Silva asks if you are intending to extend your hours and Mr. Barros says maybe till twelve, eleven most times I’m there till ten lately nine.  If the people are there listening to the music I don’t want to throw them out.

On motion of Councilman Cusack, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve with the stipulations of no dancing, no outside speakers, no outside music and there should be only acoustic music except for an amplified keyboard.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

ORDINANCES – FINAL PASSAGE (Given First Passage September 16, 2008 Advertised – Prov. Journal – September 19, 2008.)

1.   The following is an ordinance amendment regarding removal of stop sign on Wilson Avenue at Duncan.

NEW BUSINESS

CITY MANAGER’S REPORT

1.  EAST PROVIDENCE PROFESSIONAL, MANAGERIAL AND TECHNICAL EMPLOYEES’ ASSOCIATION COLLECTIVE BARGAINING NEGOTIATIONS

Mr. Brown states this is an unusually item because you are not looking at a tentative agreement.  During the course of negotiating the one year wage reopener the EPPTMEA ask for basically the same provisions that we award to the Police and the Steelworkers.  During the course of that negotiating the economic scenario deteriorated and I shared that with the EPPTMEA.  I suggested 0 for the wage reopener, 3%, 3% and a wage reopener but I was looking for a co share on insurance premiums that was based on a percentage, basically the percentage would be 10% for active members earning under $50,000.00 and 15% for those earning above $50,000.00 ultimately going 15% to 20% for new hires.  They have not agreed to that but I was asked by the EPPTMEA to present their position to Council for their consideration, I am not making a recommendation.

Mayor Ramos states they are asking for the same thing that the others got but where saying no because the economy when down and Mr. Brown said yes that’s correct.

Councilman Cusack states I’m glad that the City Manager is acting consistent with his recommendation to us and that he’s trying to get to that 20% co shares.

Councilwoman Perry asks is this contract is the exact same as the others and Mr. Brown said yes and if this was a month ago I would have gone along with the recommendation.

On motion of Councilman Cusack, seconded by Councilman DiTraglia to accept for the record but take no other action at this time and on a roll-call vote is taken on the motion:

The motion is defeated on a 3-2 vote.

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

Councilman Cusack states I would like to remind us all that $14.00 a week is exactly $728.00 a year does anyone have any idea what a single plan and a family plan cost and does anybody know what percentage we’re talking about.  Mayor Ramos states a family plan is around $10,000.00 - $12,000.00.  Mr. Brown states around $12,000.00.  Councilman Cusack states we are talking about fiscal responsibility, cutting spending, about fiscal crisis and we’re going to say $14.00 a week.

The motion is passes on a 3-2 vote.

Councilman Silva states I believe all employees should be treated equally.

Mayor Ramos states all the other Unions got the same thing and I cannot justify telling someone no when we ok’d all the other Unions.

2.  RECEIVE THE PROPOSED FY 2008 – 2009 SCHOOL BUDGET

Mr. Brown states we have officially received the budget from the East Providence School Department as we anticipated and presented during our introductory session this budge exceeds the amount that is allowed under State Law I would recommend that Council reject this budget sent it back to the School Committee indicate that you would like to schedule a meeting with them discuss their budget requirement when they submit the new document.

Councilman Cusack states the item reads receive is that something we do or have we already received it.  Can we have a motion to receive it or do we need a motion to approve or reject it.  Mr. Brown states you can receive it as a document but as a matter of legality because it exceeds what is allowed under 3050 you formally have to reject the document itself.  Both the School Committee and the City will have to take some legal position that neither of them like to do but need to do that to preserve their rights under state law.

Councilwoman Perry asks if you already put the school department’s appropriation within our budget to me that would be what would be recommended that the school departments going to receive.  Mr. Brown states that was my recommendation but you have a document that they have submitted to you and they are entitled to submit a document to you outlining their needs.

Mr. Conley states typically what happens is that the school budget is summit to the City Council on or about the same time but no later than the first public hearing that the City has on its overall budget which includes the school budget.  They usually make a presentation in support of the budget they submit and the Council reviews it simultaneously with the passage of its own budget.  Mr. Conley stated that he thought it was a good idea that the City Manger indicated that upon accepting it you don’t acknowledge and make it clear that we acknowledge on the record that we understand that it’s a submission and that we understand the document as presented doesn’t comply with State Law and any further action will be taken at the time that we pass the entire budget.  Ultimately when you vote and pass your budget that appropriation you give to them will amount rejection of this budget.  I vote to accept it with the acknowledge that’s all it is receiving information of purposes and acknowledging the document your receiving does not meet the requirements of State Law.

On motion of Councilman Cusack, seconded by Councilman DiTraglia to accept the submission of the 2008 -2009 East Providence School Department proposed budget acknowledging that the document submitted does not meet the requirements of State Law and the Council will take further action in regard to that budget at the time it passes the entire appropriation budget for the City and on a roll-call vote, it is unanimously voted to approve.

REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley presents Claims & Litigation Report from October 7, 2008

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

2.  RENEWAL OF ANNUAL LICENSES (by Virginia B. Nunes, City Clerk)

Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2008, upon application by licensee and subject to approval by Chief of Police and, as required by Health inspector and other City Officials; and requesting also to be advised of any licenses to be deferred or with held from the renewal process.

Councilman Cusack states there is one licensee on page 6 second one down gatherers license I would like to withhold that and treat it separately as an application by that licensee.  That property has become a problem with accumulation of things gathered. 

Mr. Conley states there was one category that had been inadvertently omitted from the list the tow list.

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

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

Applicant/Owner:  Patrick T. Conley

Street Address of Property: 0 ZZ State Line

Map 911, Block 1, Parcel 3

This proposed donation is has been reviewed by the Planning Board and the Conservation Commission and they are recommend that you accept this donation of land.

Councilman Cusack asks if there is downside to us and Ms. Boyle states no.

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

Mr. Conley states the next ordinance number one thru five are implementation ordinance so they may be defer at this time until the Council acts upon the budget appropriation ordinance.

On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll call vote, it is unanimously voted to defer ordinances number one thru five.   

INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on October 21, 2008 for a public hearing and consideration of final passage).

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.

1.      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)

2.      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)

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)

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)

COUNCIL MEMBERS

1.   CONTRACTS (by Mayor Ramos)

Mayor Ramos asks in regard to review of legal contracts how was it put on the ballot.  Mr. Conley states it collective bargaining agreement it’s contracts with labor organizations.  As the Council always has and review the contracts on the Municipal side what the amendment did it required the collective bargaining agreement negotiated agreements to before the Council for ratification.  Mayor Ramos said on the school side all the labor contracts we have to review.  Mr. Conley states yes.  Councilwoman Perry asks this thing about we were supposed to have ask the legislation for permission to ratify.  Mr. Conley states at the time the Council considered to ratify the contract on the school side there was a RI Supreme Court opinion on a similar ordinance in City of Providence and there was some distinctions between the language and the Charter of the City of Providence and our Charter and there were distinctions between the Home Rule approval process for our Charter historically and the City of Providence Charter.  In that Supreme Court opinion the Supreme Court referenced the fact that in the process of the City of Providence Charter there had been a Ratification process specifically as to that section.  Our Home Rule Charter followed the more traditional Home Rule Charter approval process under the State Constitution and we did not have a specific Ratification process for amendment to our Charter.  Our Home Rule Charter under the Constitution allows us to amend our Charter thru the Referendum process that we did and does no specifically require further Ratification from the General Assembly.  So at that point the City position on that became and is that the Charter amendment process that we went thru whereby the question was put before the voters and approved by the majority of the voters legally and completely amended our Charter.  We went thru the correct process and the complete process that is needed to legally amend our Home Rule Charter and our Home Rule Charter requires Ratification by the City Council of all of the Collective Bargaining Agreements on the School Department’s side. 

Councilman Cusack states we already taken action according to that new Charter amendment when we approved the Custodians’ contract, and I’d like to point out that 70% of the voters approved that Charter amendment.

Mayor Ramos asks and received unanimous consent to accept as information.

2.      SPECIAL JOINT MEETING WITH SCHOOL COMMITTEE

(by Councilman Cusack)

Councilman Cusack states this is not the purpose of going line by line it’s for hearing a detail exclamation of it.   They’ve asked for a meeting and we decline to meet, but there is some support on the Council to meet even if we don’t all participate.   Mayor Ramos states

On motion of Councilman Cusack, seconded by Councilwoman Perry to instruct the City Manager to try to arrange a meeting with the School Committee and on a roll-call vote is taken on the motion:

The motion is passes on a 4-1 vote.

COMMUNICATIONS

City Clerk was informed that the communications for tonight will be at the next meeting.

1. Thomas DelSanto, 27 Becker Avenue (02915) requesting to address the Council regarding sidewalk signs.

2. Frank Medeiros, Bagel Zone, Waterman Avenue (02914) and Clint Layman, Bagel Break and Comp., Pawtucket Avenue (02914) ) requesting to address the Council regarding Signage Violations.

IX.    ADJOURNMENT         

  Mayor Ramos adjourns the meeting at 11:50 P.M. on a motion of Councilwoman Perry, seconded by Councilman Silva.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    October 21, 2008