CONSENT CALENDAR                                       

APPROVAL OF COUNCIL JOURNALS

September 16, 2008–Regular Meeting 

October 7, 2008–Regular Meeting

28^th  ANNUAL HALLOWEEN PARADE - OCTOBER 31, 2008,  4:15 – 5:15 P.M.   William Christopher Fisher, 65 Don Avenue (02916) Beginning on Don Avenue once around the block (Catlin Avenue) Police escort front and back of parade walkers.

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

HARBOR MANAGEMENT COMMISSION (by Councilman DiTraglia)

Michael Znosko (for a term ending 10/21/10)

12 Catalpa Street (02915)      

On motion of Councilman DiTraglia, it is unanimously voted to defer.

LICENSES REQUIRING PUBLIC HEARING

1.  RENEWAL OF ALCOHOLIC BEVERAGE LICENSES    (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.  Advertised October 3 & 10, 2008)

CLASS A (RETAILERS)

Barrington Liquors, Inc., 618 Warren Avenue

Clift's Liquors, Inc., 191 Willett Avenue

Liquor Depot East Providence, Inc., d/b/a Wine & Spirits Depot, 1235 Wampanoag Trail

Marvic Enterprises, Inc., d/b/a Jordan's Liquors, 199 Taunton Avenue

McGreens Fine Wine & Spirits, Inc., 1086 Willett Avenue

O'Dell Enterprises, Inc., d/b/a Brookfield Liquors, 470 North Broadway

Riverside Liquors, Inc., 225 Bullocks Point Avenue

Town Liquor Co., Inc., d/b/a Town Wine & Spirits, 179 Newport Avenue

Warren Avenue Liquor Market, Inc., 208 Warren Avenue

B-FULL PRIVILEGE (VICTUALING)

141 Corp., d/b/a Uncle Tony's Pizza & Pasta, 141 Newport Avenue

Cape Verdean Progressive Center, 329 Grosvenor Avenue

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

Centre Court Inc., The, d/b/a The Loft, 55 Hospital Road

Chelo's of East Providence, Inc., 911 Warren Avenue

Chelo's of Newport Avenue, Inc., 45 Newport Avenue

China Gourmet, Inc., d/b/a China Gourmet Restaurant, 181 Willett Avenue

Comedy Connection of RI, Inc., d/b/a Comedy Connection, 39 Warren Avenue

Davenport's Bar & Grill, Inc., d/b/a Davenport's Restaurant, 1925 Pawtucket Avenue

D L Enterprises, Inc., d/b/a East Bay Tavern, 305 Lyon Avenue

Dolces Restaurant, Inc., d/b/a Bovi's Town Tavern, 287-289 Taunton Avenue

East Providence House of Pizza, LLC, 187 Willett Avenue

East Providence Yacht Club, Inc., 9 Pier Road

El Azteca Mexican Restaurant, LLC, d/b/a El Azteca Mexican Restaurant, 335 Newport Avenue

Felshy, Inc., d/b/a Cattails City Grill, 315 Waterman Avenue

Golden Dragon, LLC, d/b/a Young China Restaurant, 250 Warren Avenue

Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillips Street

Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue

Hong Meas Restaurant, Inc., d/b/a Hong Meas Restaurant, 332 Warren Avenue

K&G Enterprises, Inc., d/b/a Restaurant La Camelia, 92 Waterman Avenue

Lane Foods, Inc., d/b/a Greggs Restaurants, 1940 Pawtucket Avenue

Lees Restaurant and Lounge, Inc., d/b/a Lees Restaurant and Lounge, 376Bullocks Point Avenue

Lincoln Bar & Grill, Inc., 24 Monroe Avenue

Little Lucy's Lunch, Inc., d/b/a Red Bridge Tavern, 22 Waterman Avenue

Loggia Luce Moderna 1112, 99 Hicks Street

Mathias Enterprises, LTD, d/b/a Campino Restaurant & Sports Bar, 218 Warren Avenue

Merrill Lounge, Inc., d/b/a Merrill Lounge 535 North Broadway

Milho, Albertino R., d/b/a Madeira Restaurant, 288-290 Warren Avenue

P & G Bowling, Inc., d/b/a East Providence Bowling Center, 80 Newport Avenue

Paiva's Restaurant Corp., d/b/a O'Dinis Restaurant & Tavern, 579 Warren Avenue

Pepper Dining, Inc., d/b/a Chili's Grill & Bar, 50 Highland Avenue

Portuguese American Athletic Club, 281 Warren Avenue

Pub Ventures, Inc., d/b/a Mulhearn's Pub, 507 North Broadway

PWRPJ, Inc., d/b/a Rockin' Times, 478 Waterman Avenue

Riviera Inn Dining and Banquet Company, 580 North Broadway

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

Sax's Steak & Pizza, LLC, d/b/a Sax's Steak & Pizza, 525 North Broadway

SAZ, Inc., d/b/a Town Pizza & Family Restaurant, 949 Willett Avenue

T&T'S 133 Club, Inc., d/b/a 133 Club, 29 Warren Avenue

THF, Inc., d/b/a Houlihan's Tavern On The River, 28 Water Street

Town Pub, Inc., 311 Taunton Avenue

Tropical Ilhas, Inc., 472 Waterman Avenue

Two Jerks Pub & Grill, Inc., d/b/a Two Jerks Pub & Grill, 446 Waterman Avenue

Watchemoket Bar, Inc., d/b/a Watchemoket Bar, 31 Warren Avenue

C (SALOON)

Quattrucci, Carl & Arthur, d/b/a Monforte's Bar, 493 Waterman Avenue

D-FULL PRIVILEGE

Agawam Hunt, 15 Roger Williams Avenue

Columbus Club of Barrington, 1 Viola Avenue

Columbus Club of East Providence, 3200 Pawtucket Avenue

East Providence Athletic Club, 118 Mauran Avenue

East Providence Fraternal Order of Eagles 1773, 334 Waterman Avenue

East Providence Lodge of Elks 2337, 60 Berkeley Street

Holy Ghost Brotherhood Mariense, 846 Broadway

Metacomet Country Club, 500 Veterans Memorial Parkway

Riverside Post Holding Co., Inc., 830 Willett Avenue

Riverside Sportsmans Association, 1 Sportsman Drive

Squantum Association, Squantum Club, 947 Veterans Memorial Parkway

Teofilo Braga Club, 26 Teofilo Braga Way

Trinity Brotherhood, 146 Sutton Avenue

Wannamoisett Country Club, 96 Hoyt Avenue

B-LIMITED (VICTUALING)

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

Boston House of Pizza, Inc., 540-542 Taunton Avenue

Bowling Academy, Inc., 354 Taunton Avenue

Chan, Ben Ying, d/b/a Mei Singh Chinese Restaurant, 2827 Pawtucket Avenue

Dedeyan, Mkrtich, d/b/a Minerva Pizza House, 1022 South Broadway

E B Dragon, LLC, d/b/a East Buffet Restaurant, 52 Narragansett Park Drive

Farnsworth Café, LLC, d/b/a Farnsworth Café, 302 Willett Avenue

Horton's Seafood, Inc., d/b/a Horton's Seafood, 809 Broadway

Jeon, Il Sun, d/b/a Sun & Moon Korean Restaurant, 95 Warren Avenue

Jin Hua Chinese Restaurant, Inc., d/b/a New Buffet Restaurant, 1925 Pawtucket Avenue

JPCT Sports, LLC, d/b/a Tennis Rhode Island, 70 Boyd Avenue

Mr. Conley states Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar, it's a Class B Full Privilege on the third page, third one down asks permission for that to be taken off the automatic renewal list.  That was before you for a transfer a few weeks ago and there were some objections at that time for some outstanding financial obligations.  The Council approved the transfer subject to the clearing off of those financial obligations, they remain outstanding at this time as of consequences the transfer has not been able to be actuated so in light of that I requested that it not be on the automatic renewal list.  The practice is that when it doesn't get the automatic renewal it comes back before the Council on its own at the next meeting.  So if it's approved, I would ask that it would be approved subject to that amendment that one would be removed.

No one wishes to speak.

Councilman DiTraglia asks if we have had any problems with any of these and Chief Paquette states no.

On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve with the stipulation that Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar be withdrawn from this list.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

ORDINANCES - BUDGET

1. The following is an ordinance appropriating $144,210,102 for the support of the City Government for the Fiscal year ending October 31, 2009. (Advertised Providence Journal – September 17, 2008)

AN ORDINANCE APPROPRIATING $144,210,102 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2009

Councilman DiTraglia states this figure is carved in stone we don't have the money for this, what are we looking for to get this money and Mr. Brown states we're looking to receive this through taxes, fees that we collect as well as intergovernmental transfers.  In the event we don't receive all of the funding we immediately scale back our operations.

Council Cusack states I had comments about the process that went into this, we've had wage reopeners, Union negotiations I was never consulted or told what the suggestion position of the City as to a limit that we could go on co-pays and other issues for example any raises.  I don't know if anyone on this Council was ever consulted, basically we've had a Manger who is a sole practitioner he's on his own he's under our supervision nominally but he brings these things to us as a fait accompli and doesn't ask our input at all.  There's never been an executive session for the express purpose of getting guidance from us.  I don't think there's been enough management here; I don't think there's been the kind of effort to restructure to get more things done for less.  That was the reasons for my comments last time and unfortunately in a fit of demagoguery my comments were characterized by the Manager as being anti-employee, that's an old technique it won't work, I don't blame the employees for asking for all they can get, I blame our side for giving into those numbers, I'm against unaffordable contracts.  I want to explain why I don't intend to vote for this. 

Councilman DiTraglia states we aren't looking for any type of tax increase we can't afford any tax increase whatsoever.   I've talked to people in my district and if so cut services because we can't afford any tax increases.  I vote the same way.

Councilwoman Perry states it's very easy to say no tax increase but if we don't even the minimal tax increase that's in this budget that means we will have to cut services.  We're talking about trash collection, park recreation, sports programs.   You're going to affect the quality of life of the people.  How are we going to attract businesses, we want people moving into our City.  If we have a City that doesn't have the quality of life for people, people won't want to come here.

Councilman Cusack states Councilwoman Perry's comments are disingenuous in the extreme, it's not either we have a tax increase or cut all those services.  That's a false choice the reality is the budget is made up mostly of compensation for employees, if that compensation was cut a certain amount we would be able to have no tax increase and we would be able to have our services.  I asked when I proposed the Financial Summit, you voted against it so it's very easy for her tonight, though she voted against the Financial Summit and though she voted for the giveaway union contracts recently she has to vote for this because we would have to cut recreation and other programs, that's absolutely false.

Mayor Ramos states the reason I voted against it was we already had a joint meeting with the School Committee the following week we talked about an economic summit the following week which was something we already did.

Councilman Cusack states I proposed a meeting not just between the School Committee and us, but two representatives of the School Committee, the Superintendent, the Finance Officer and the heads of all the bargaining units that they deal with and two representatives from City Council, the City Manager the Finance Director and the heads of all the bargaining units that we deal with.  The key was having all the bargaining units at once.

Councilman DiTraglia asks Mr. Brown if the School Department ever came to you and said we're going to cut this and cut that what do you think.  Mr. Brown states during the course of coming up with the deficit reduction plan there was an understanding between the former Superintendent and her staff of reductions that would be made in the normal course of them preparing the upcoming budget.  Those numbers were not realized that individual is not here any longer, that business manager is no longer there, the new Superintendent doesn't have the history and we are not in that type of negotiation because the scope of difference between what they have requested as they see as the minimum they need and what I recommended is so far apart this type of offer your suggesting would not be there and I presume they made those in the preparation of their budget itself.

Councilman DiTraglia asks have they ever come to you on paper and said that this needs to be cut we can save $10,000, $100,000, $200,000.  Mr. Brown states no they haven't and that's a discussion that the Superintendent has with his school committee not with me.  Councilman DiTraglia states not with you but it's all right for them to go out and hire somebody for $110,000 a year without asking anybody and they're in a deficit.  The whole idea when you have a deficit you are supposed to stop your spending.  How can I sit here and ok this contract when I know that this department or any other department is not taking their share and say listen this is what we've got to do.  I don't see anybody sitting down with you saying ok I can take $10,000 here, I don't see anybody doing that.  Mr. Brown states that's in fact what the Department Heads did with me during the preparation of our budget, I don't know because I'm not part of the process of what goes on with the school side.  Councilman DiTraglia state whether it's on the school side or not it still concerns the taxpayers of this City.  We should know every penny it should come to you and if you're not happy with it should come to us.  We need to make the sacrifices I can't say to the taxpayers we're going to raise your taxes $134 a year but we just gave this a raise and we just hired this guy.  I'm not going to stand for this; I'm not going to vote for this.

Mayor Ramos states I've always had a problem on the school side especially when we talked about consolidating and there were two positions there was an agreement with the school committee and us to consolidate and they didn't do it.  They just went out and hired people and they come in with a budget with 18% increase when they know the State is 5%, the City is even lower at 3.5%.  They come in with 18% it's ludicrous, it's unconscionable a $9 million  increase in that budget, no way you can justify that.  Mayor Ramos asks Mr. McDonald what happens if there is no tax increase what the amount of money would be.  Mr. McDonald states the budget before you has a 3.5% tax increase; if you reduce that tax increase to zero you would have to reduce expenditures by $2.1 million dollars that could be allocated between the city and the school.  Mayor Ramos asks Mr. Brown what happens to these contracts you just negotiated.    Mr. Brown states the contracts call for zero increase this year.  If we have a budget of $2.1 million less we are not going to achieve that savings by going back and asking for additional concessions in insurance premiums co-sharing it will lead to people losing jobs.  In some areas you are limited in the ability to alter positions; for example the Fire Department has minimum manning requirements, the police has requirements for certain people occupying patrol areas depending upon the shift so it would fall largely to the Public Works Department and a large part is not employees there's a service contract for picking trash and recyclables and as I pointed out in my budget presentation when you start looking at some of the smaller departments it gets very difficult to come up to those type of savings.  Mayor Ramos states so it will be $2.1 million.  Mr. McDonald wanted to clarify the budget was built on zero pay increases for all City side employees, I don't know about the School Department.

Councilman Cusack asks about the $2 million dollar savings in the Fire Department budget that was talked about previously achieved through some rescheduling that would have to be agreed to by the bargaining unit is that in the budget now.  Mr. Brown states no it isn't, the only thing open for negotiating with the Fire Department this year is the third year of their wage reopener.  We hoped at that time the Fire Department would discuss alterations of scheduling to achieve the savings that we talked about.  They do not want to do that, they will not do that, and we will address that next year for complete renewal.   Councilman Cusack states so the fire fighters of East Providence have refused an opportunity for us to save $2 million dollars while they keep their wages, their benefits, their sick days and they would only have to give up a scheduling concession and they're refusing.  Mr. Brown states it's more than a scheduling concession because when you go from the schedule that they have now to a three platoon schedule that I presented, they go from a forty two hour workweek to a fifty six hour workweek so it's not quite as simple as saying an alteration of schedule.  There are a number of issues involved.  Councilman Cusack states we have a global financial crisis, a national recession, we have a state budget deficit that grows everyday and we have problems here.  I think it's about time for people to be grateful for the job that they have and honoring their service.  We have such fine employees but in this economy would be very grateful for job security.  Mr. Brown states the Fire Department does dispute the $2 million savings I actually hold to it, I think it's a reasonable number.  It's a major lifestyle change for them, they have been operating on ten hour, fourteen hours schedules to go to a twenty four hour schedule there is a difference in the way they live, the way they do business.  When I bring it back I will have a venue for resolving that issue. 

Mayor Ramos states there are many people who are in lifestyle changes, losing their homes and their jobs.  Mayor Ramos asks Mr. Conley what would happen if we don't pass the budget tonight.  Mr. Conley states if you don't pass the budget the City Manager's budget becomes the budget as a matter of law if it's not passed within seven days of the conclusion of this fiscal year which would bring us to the 24^th.  Mr. Conley states you could recess this public hearing this evening and schedule another one.  You can delete a number on the City Side by line numbers, on the School side you can't line item cut you can only do a total number.  However no additions because they must be advertized at least five days in advance of the public hearing, you would not have time.

Councilman Perry asks Mr. McDonald if we cut the $2.1 million out of the budget will that affect our bond rating.  Mr. McDonald states it's hard to say by itself I don't think it will, where it could affect to some degree if a part of that $2.1 million was School Department expenses to the degree their already predicting a large deficit, to the degree that their deficit would grow that could affect it.   We have been put on warning so it's my assumption when we sell our bonds in December we will see a bond rating decrease. 

Councilman Cusack asks Mr. McDonald is it your opinion that if we cut costs in the community but still delivered the services that would be looked upon favorably by the rating agencies.  I think the answer is yes.  Mr. McDonald states as long as that huge deficit it sitting out there.  Councilman Cusack asks forget the school what would they think of that particular act wouldn't they look on it favorably Mr. McDonald states yes, but numerous things go into a bond rating.

Councilman DiTraglia asks Mr. McDonald on the figure of $144,210,102 is any of that caused by the School Department and Mr. McDonald states $73,894,231.

Councilman Cusack states the $73,894,231 includes a $700,000 increase that we're giving them above what we gave them last year.  Of course what they're asking is an increase over and above what they spent last year.

Mayor Ramos asks Mr. Conley if we can find that $2.1 million we could recess this part of it.

Mr. Conley states if you didn't conclude the public hearing portion of the meeting tonight you could recess this evening to a specific date and time. 

Councilwoman Perry asks Mr. Conley as far as a special meeting we have to have forty eight hours to post and Mr. Conley states no, it would not be a special meeting it would be continuing this meeting; you would recess this meeting and reconvene this meeting.

Councilman DiTraglia states someone said the School Committee couldn't cut any more costs; well I have news for them we all have to make sacrifices.

Councilman Cusack states 87% of the School Department expenditures are on salaries and benefits for their employees.  With negotiations going on I don't know if there are no ground rules and we can discuss where negotiation are, but I think Mr. DiTraglia is our Liaison for us.  Councilman DiTraglia states I was in the beginning in negotiations with the School Department and they weren't happy no matter what we gave them so I dismissed myself from the negotiations and we have nobody right now sitting down. 

Councilman Silva asks if you informed us that you stepped down.  Councilman DiTraglia states he told the School Department and they were supposed to tell you.  Councilman Silva asks did you let Mr. Brown or legal know.  Councilman DiTraglia states no the School Department was supposed to.

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

Mr. Shepherd states a little upsetting to hear the remarks going on now at the midnight hour I suppose you know that next year you'll be doing the same thing again, because this is what you were doing last year.  You have an appropriation list it doesn't say it's a budget.  Can you pass this and what happens if you only spend $140 million can you return $4 million.   The budget you have now doesn't have the final number for the School Committee.  We have thirty parks and they cut the grass every week, Pawtucket does it about once every three weeks.  Why do we have two police cars at every construction site, I don't think it's illegal to put a flagger out there for ten dollars an hour.   Mayor Ramos states the contractors pay for that.  Councilman Cusack asks what if it's a city project.  Mr. Brown states it depends on the project.  Mr. Shepherd states I'm not a negotiator but the teachers are expecting a 3% raise and 10% of this city foreclosed and out of work, but if we simply do not have the money we simply cannot give the teachers a raise this year, they would still get their steps that will give them 10% increase, it's not like they're going to starve.  It's a hard line, do you want to continue your job next year at the rate you're making now or would you rather go look somewhere because that's what it is.  Just like you increase your health payment to $14.00 a week, it should be a percentage.  When you get further down your agenda your water taxes increased both by forty cents one is a 10% increase the other is 20% increase that's not logical, why would you increase 20%.

John Fahey, 2535 Pawtucket Avenue (02915) was sworn in by City Solicitor.

Mr. Fahey states I'm addressing you by proxy for some folks.  Mary has three sons and two of them moved out of the City three or four years ago because of the bad economic situation in the State and the pass year the third son moved out for the same reason.  These moves were both emotional and economical on the remaining family members this is part of the scenery encumbrance of the budget.  Matthew who is retired military coast guard he doesn't see any viable economic development since that statewide tax increase and didn't feel the City is doing enough to cut the operating cost.  Last Amando he was retired public sector and he felt they weren't controlling costs and didn't agree with a 3% tax increase maybe 1%.  Only two of the Council finally gets it right that there is no more money and the voting balance of three still does not understand that there's no more money.  Mayor Ramos asks if he can identify the three and Mr. Fahey states the vote speaks for itself.  When this Manager came on there was going to be reorganization, but that was yesterday and we still haven't got it and we are not going to have it the rate were going to come next year, because this Council with its majority has been throwing road blocks in the way.  Example the contracts you just approved three year terms, never ending.  How about all the capitol expenditures for the School Department safe healthy environment for the work force and the students and every student should have computers.  Last year January 8, 2008 we requested from the Council after a presentation regarding the legal requirement that the Council function were done we asked for a legal clarification we requested that you introduce a Resolution that reads as follows the East Providence City Council hereby instructs the City Solicitor prepare and deliver to the Council by February 1, 2008 a written opinion analyzing legal obligation the city to affirmatively prevent deficit spending by the School Department.  That opinion should specifically address the City Council's authority to refuse responsibility for any expenses that the School Department incurs in excess of its authorized appropriations in any given fiscal year.  The brief should also address any and all legal obligations the city incurs to prevent deficit spending or spending that exceeds certain rates of increases provided in the Constitution of the State of Rhode Island, East Providence Charter Title 16-44 General Laws of the State and any other implacable State Law, Ordinances or Legal Authority.  October 21, 2008 Letter reiterates for the same request but more significant right now in view of the fact Section 16-91 State Law which says the city shouldn't do this or that, effectively it says we shouldn't allow deficit spending and we're suppose to have controls to accomplish that end, so we're asking for the same thing here a clarification in view of the City Manager's realization of the legal requirement 16-91 be complied with and all the other legal requirements that were addressed before.  Unlike the last time we would like a legal response please. 

Tom Grablick, 214 Riverside Drive (02915) was sworn in by City Solicitor.

Mr. Grablick states I'm retired I was a senior principal consultant for IBM for many years.  I felt it refreshing that some Councilman is starting on that journey some haven't.  In the next five years the property tax is going up by 30-40% unless you do something.  We're not talking $2 million dollars or 2 or 3%, we're talking millions and 10 -20 -30% unless you folks deal with it.   We have to get something for inflation, that's history we have to cut costs.  Who authorized a 3.5% increase I say a 3.5% decrease is where we should have started.  It's a mindset change that you need to make.  We'll go into bankruptcy, start at a zero based budget, Mr. Brown won't do that.  There's got to be some champions I see some on this Council maybe there will be some on the next Council.

Mayor Ramos asks for a motion to recess to Friday, October 24, 2008 at 5:00 P.M. unanimously voted to approve.

Five minutes recess.

Councilman Cusack states we have one person under communications Maryann Mathews, asking for Council's unanimous consent to move her up, she said she'd be brief.

On motion of Councilman Cusack, 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 asking the Council act in Resolution to send a message to RIPTA that we prefer that they not cut services to the city after seven o'clock at night.  There were two major changes to the city one was that it was free for the seniors to go to the doctors RIDE bus that went into effect and its two dollars and change for one way and the aid with them is still free.  I haven't heard a lot of concerns about that but it's new, but I am asking that we ask RIPTA not to cut service seven days a week like at seven o'clock at night.  It virtually puts a curfew on our city for those who are not drivers.  Maybe they could consolidate some lines to at least support the city in some ways after seven.  Maybe the Planning Department could come up with some options.  Mayor Ramos asks the City Manager to look into it.

Councilman Cusack agrees with Maryann and it could get worse.  I think we should be subsidizing RIPTA.  If RIPTA had to raise their fare to break even we wouldn't be able to afford it.

Councilwoman Perry states the paper today mentioned a lot of people who use the bus don't have cars.  They're using the bus to go to dialysis and jobs unfortunately when services are cut like this it affects the people that can ill afford to have the services cut and I really think we should speak up for our community.

CONTINUED BUSINESS

NEW BUSINESS

CITY MANAGER'S REPORT

1.  DEPARTMENT HEADS NEGOTIATIONS

Mr. Brown states the item before you is a wage reopener for city department heads it's the same as others 0% 2009, 3% 2010, 3% 2011 and wager reopener 2012.  The beginning of the new contract department heads would be paying an employee contribution for their health insurance in an amount equal to 10% and new hires at a 20% rate.  This is a substantial deviation from those we provided for other employees; our department heads recognize the seriousness of our financial situation and their need to set an example for the rest of the employee groups and I would ask your favorable consideration of this.

Councilman Cusack asks what is the co-share of health care premiums currently with this group and Mr. McDonald states currently $13.00 bi-weekly and it was going to $14.00 next month at November 1, 2008.  Councilman Cusack states I would like to reiterate the comments I made previously on these contracts.  This is not leadership we're asking so much from the other side from the school side and we are just not getting there.  I've had anonymous letters asking for 20% I would say it's probably 50% of my wages, but I'm even willing to go to 20% I think we should lead and I'm happy to do that on the Council side.  It's not that I'm against 10% I'm glad that this seems to be a little bit better than the rank and file but it's still 3% raises.  Why don't we wait and see how we get through this crisis, it's nice that its 0% this year but I think it's premature to be handing out raise for the other years.

Councilman DiTraglia states I don't understand the situation that city, state, the Unites States of America is in and we're looking for raises.  I'd love a raise but I haven't seen a raise in a long time and I'm used to it.  I can't see negotiating any type of wage increase until we have the city in its upright position.  I like to see zero, zero and then a wage reopener, I'm not that happy with it.

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

The motion passes on a 3-2 vote.

REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley presents Claims & Litigation Report from October 21, 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.  TURNER RESERVOIR RAISED WALKWAY RECOMMENDATION  FOR CITY COUNCIL TO QUALIFY FIRMS BASED UPON REQUEST FOR QUALIFICATIONS (by Jeanne M. Boyle – Director of Planning) (Recommendation of Planning Board

Ms. Boyle states we received six responses to a request for qualification that was issued to select a general contractor for construction of the Turner Reservoir Raised Walkway.  This is a project that is being funded by a $200,000 grant from the Champlin Foundation, $150,000 grant from RIDEM and $50,000 in City bond funding.   All six firms were qualified so we are asking the Council to approve these prequalification contractors, then it will go out to bids.

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

Mr. Conley asks that the next item ordinances one thru five on the docket are all related to the implementation of the budget suggest since it has recessed the public hearing on the budget to Friday evening that all five in regard to the first reading be deferred to Friday evening as well and at the conclusion of this meeting opposed to Councilman Silva usual motion to adjourn that we could have motion to recess until Friday evening so that these matters can be heard at that time.

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

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.

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)

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)

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.      STOP SIGN PLYMOUTH  ROAD AT HEDLEY CIRCLE (by Mayor Ramos)

Mayor Ramos states he talked to several neighbors and they also felt there should be a sign there

On motion of Councilman Cusack, seconded by Councilman Silva to approve.

Councilwoman Perry asks for a discussion and states as I said at the last meeting that Mr. Kent was here I did go down and sat on Plymouth Road from 6:43 A.M. to 7:15 A.M. on one day and from 4:35 P.M to 5:15 P.M. on another day.  In the morning I counted 3 cars that went down the street 5 cars that went up and 1 turned into Hedley Circle and 1 came out and I know  2 of those 3 were neighbors.  In the afternoon I counted 10 cars that came down 11 went up 2 came out of Hedley Circle 4 went in including Mr. Kent who had gone out and then came back in.  I also talked to neighbors some who are well respected in the community and you know very well and told me that there is not that much traffic and any traffic on Hedley Circle is mostly local traffic and people do not use that as cut thru.  I talked to other people who say it would be an inconvenience to have a stop sign there.  If there was a stop sign there to allow someone to get out of their driveway then everybody on Plymouth Road with all the cars going down should have a stop sign right at their driveways so they can get out too.  I live across from a school, I deal with traffic, and cars parking I should ask for no parking on the other side of my street.  Mr. Silva had another constituent come twice asking for no parking in front of his house and this Council all agreed with Mr. Silva saying it was not warranted.   The Public Works Director did a traffic study you see the number of cars its very few and the cars are within the speed limits.    You're talking about cutting money; this is going to cost $1,000 the ordinance cost $300 to advertise. Everybody who wants no parking you want stop signs call Councilman Silva, Councilman Cusack they will take c

are of it for you whether it's right or wrong, we have a Public Works Department that's not going to say no this isn't warranted if it's needed.

Councilman Cusack states I don't think it's much of a hardship too big of a deal.  They're asking they're begging we do it if doesn't work we reverse it.

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

The motion passes on a 4-1 vote.

DISCUSSION ON HOURS OF THE LANDFILL (by Councilman DiTraglia)

Councilman DiTraglia states he has a lot of constituents saying that one day a month is not sufficient especially during the fall season with all the leaves I believe its one Saturday a month.  I would like to see something during the week.  Mr. Brown states he will ask the Public Works Director.

On motion of Councilman DiTraglia, seconded by Councilman Silva, it is unanimously voted for information.

Councilman Silva asks Councilman DiTraglia if he is still representing us on the School Committee negotiations and Councilman DiTraglia states negative.  Councilman Silva asks if we were notified and Councilman DiTraglia states the School Committee was notified.  Councilman Silva asks if he notified Mr. Brown or the Mayor and Councilman DiTraglia states no.  Councilman Silva states we had put you there as a negotiator here we're thinking we have somebody representing us on the city side and I find out today at a meeting that we have nobody sitting there on negotiations.  Councilman DiTraglia states we have not had anyone there since early summer.  Councilman Silva asks if this has to go on the docket.  Councilman Cusack asks the Mayor is that an official vote or is it your designee.  Mayor Ramos states it's a designee.  Councilwoman Perry states I nominate you Mr. Cusack.  Mayor Ramos states we'll get someone and take care of that. 

Mayor Ramos states there was an addendum to the consent calendar Fire Department – Requesting permission to close off Newman Avenue (between Greenwood Avenue & Pawtucket Avenue) from 9:50 a.m. – 11:00 a.m. also, Greenwood Avenue (between Newman Avenue and North Broadway to the Greenwood Avenue entrance to the Rumford Towers from 9:00 a.m. – 12:00 p.m. for a 5K Charity Road Race on Sunday, October 26, 2008.

Mayor Ramos asks if we could add this addendum to the consent calendar and Mr. Conley states you can add it but you can't take any action on it so you can't approve it this evening because it was not posted. 

Mr. Brown states in that case I'm informing Council that I'm exercising by prerogative under the public safety statues to insure the event is safe and the roads closed on the 26^th as indicated in the memorandum.

RECESS

Mayor Ramos recesses the meeting at 10:10 P.M. on a motion of Councilman Silva, seconded by Councilwoman Perry to Friday, October 24, 2008 at 5:00 P.M.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:   November 5, 2008