CONSENT CALENDAR

HOLIDAY SALES

Lori Maciel, d/b/a Color Creations, 307 Taunton Avenue (02914)

CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

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

APPOINTMENTS

ZONING BOARD OF REVIEW (by Mayor Ramos)

Richard Croke (ALT 2) (replacing Richard Croke, Jr. for a term ending 6/1/10)                     

85 Hazelwood Avenue (02914)

Mayor Ramos states this appointment is one of compassion and understanding; it has nothing to do with Democrat or Republican and Richard Croke Sr. does have the experience.

Councilman Cusack wished to make a motion to approve that motion and Mayor Ramos states this is a Mayor’s appointment does not need a motion.  Councilman Cusack states I thank you, it is fitting and proper to do this.

Councilwoman Perry states I’m very pleased about the appointment because Mr. Croke did a good job on the zoning board and he is well experienced.

EAST PROVIDENCE TOWING LIST (by Councilman DiTraglia)

Kenneth Andrade

482 Waterman Avenue (02914)

Councilman DiTraglia questioned what happened at the last meeting.  Is all his paperwork in order?  Mayor Ramos states I’m certain it is.  Councilwoman Perry asks Major Dubois how many tows.  Major Dubois states 2007 approximately 1,445 tows, for 2008 we’re on the same pace or maybe slightly above.  Councilwoman Perry asks if you ever have a problem getting a tower.  Major Dubois states once in a while.  Councilwoman Perry states that last week they mentioned that Mr. Andrade would be the only tower with AAA and Major Dubois states that would be true he would be the only certified tower for AAA none of the others are.  Councilwoman Perry asks Mr. Conley we know that one of our candidates for office, Mr. Coogan is a tower.  If he prevailed in November would he have to give up his towing license?

Mr. Conley states the City Council is the appointing authority for someone to be designated as a tower for the City.  Mr. Coogan would be serving on the appointing authority; I suggest he get an advisory opinion from the Ethics Commission to answer that question.

Councilman Cusack states there are five towers on the list.  If we were to increase that number to six, we would be reducing the amount of business done with each of the five current members by 16-17%.  We would be harming them.  I have no intention to vote to harm them.

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

The motion is passed on a 4-0 vote.

HARBOR MANAGEMENT COMMISSION (by Councilman Silva)

Steven M. Sheridan (replacing Alan Dillon for a term ending 09/21/09)

23 Carousel Drive (02915)

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

HARBOR MANAGEMENT COMMISSION (by Councilman DiTraglia)

Michael Tracy (reappointment for a term ending 09/06/09)

2 Claire Street (02915)

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

TRAFFIC CONTROLER (by Councilman Cusack)

Gerald Griffin

40 Harlem Street (02916)

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

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to vote from 6 thru 18 on one motion.

Councilwoman Perry asks the names be read and they were.

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Lovialdo da Costa

126 Central Avenue (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Olivia da Costa

126 Central Avenue (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Joaquim De Burgo

209 Sutton Avenue (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Jack De Pina

180 Mineral Spring Avenue (02860)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Karen C. Franks

105 Elder Avenue (02915)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Virginia Gonsalves

129 N. Hull Street (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Benvindo Leitao

172 Norton Street (02915)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Celina Leitao

172 Norton Street (02915)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

John Martin

600 N. Broadway Unit 1B (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Elmer Pina

12 Shepard Avenue (02904)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Dr. Isadore Ramos

33 Bullocks Point Avenue (02915)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Simiao Ramos

65 Appian Way (02914)

BRAVA–EAST PROVIDENCE’S SISTER CITY (by Mayor Ramos)

Paulo Silva

150 So. Rose Street (02914)

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

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 is a simple change of location 1235 Wampanoag Trail to 1925 Pawtucket Avenue.

Councilman Silva states I don’t find it a simple change of location because our City Charter says you need a 500’ radius of a school, your map is 200’ radius.  Attorney Keough states he has an engineering map that sets forth the radius from the building to the High School its 562’ in fact that the corner of the building closest to the High School, our location is further away.  I will give this to you as Exhibit A.

Mr. Conley states the standard is not set by the City Charter it’s actually RI General Laws Title 3, Chapter 7, Subchapter 19, Subsection a.  The specific relevant portion reads in the City of East Providence retailers’ Class A licenses shall not be issued to authorize the sale of beverages in any building within 500’ of the premises of any public, private or parochial school or a place of public worship.  So there is no discretion in the Council the statue is mandatory that if the Class A license building falls within that 500’ of the premises of the school than you can’t do it.  As to the Class A license it’s the building as to the school it’s the premises meaning the lot line.   I would request that the Council accept into the record the proposed map showing the perimeter as represented by Counsel so that the Council can review it and it become part of the record.

Councilman DiTraglia asks can we get our engineering department to go out there and do a survey because it’s so close.  Mr. Conley states yes we can.

Councilman Silva asks if there would be wine tasting. Councilwoman Perry states that liquor stores are allowed to have wine tasting. 

On motion of Councilman DiTraglia, seconded by Councilman Silva, it is unanimously voted to have the engineering department review the property.

Councilman Cusack asks if we can vote on it subject to the engineer’s finding that it’s over 500’ or do we have to wait two weeks for their findings.  Mr. Conley states that’s up to the Council.

Mayor Ramos asks if anyone would like to speak for or against.

Attorney Robert M. Brady, 1 Grove Avenue (02914) I am here on behalf of two Class A retailers within the City, Jordon Liquors, Taunton Avenue and Wine & Spirits, Newport Avenue.  The first objection my clients have is a jurisdictional one and the Council is addressing in the form of a motion that the City’s engineering do a study with regard to the actual distance from the corner of the premises to any public, private, parochial school or church.  Case law said that in calculating the distance if the premises is on the other side of the street from a  public, private, parochial school you do not include the footage of the highway itself, so from the west side of Taunton Avenue to east side of Taunton Avenue as I read the case law those distances are not included.  I would be happy to provide to Mr. Conley the citations the last one is a 1969 case McManus.  The second objection is in light of the proximity to East Providence High School and to the Vocational School in addition to the Class A Retailers that I represent in this City I also represent the RI Liquor Store Association. 

Attorney Keough objects an association of liquors stores would not have standard to object this affiliation has no standing before this board tonight.  The two he represents do but not the association.

Attorney Brady states his two clients do have concerns about problem with teenagers, underage drinkers having access to alcoholic beverage so close to the schools and don’t feel it’s appropriate.   I would like to be able to have further comments after the engineering department does its study. 

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

LICENSES NOT REQUIRING PUBLIC HEARING

PEDDLER (Subject to approvals from the Chief of Police, Health Inspector, and City    Manager)

Rebecca Sancomb, d/b/a The Mobile Mug, 92 Fales Avenue, Barrington (02806)

No one is present.

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

CIRCUS (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Fire Marshall and electrical)

Riverside Middle School, 179 Forbes Street (02915) October 4, 2008

Barbara Georgia, 72 Rocky Hill Road, Rehoboth, MA (02769) and with the East Providence Reporter was sworn in by City Solicitor.

Ms. Georgia states we would like to sponsor a circus at Riverside Middle School and have the proceeds go to the PTA’s in the elementary school.  All proceeds would go to PTA and East Providence Food Bank, 40% of the pre-sales will go directly to the PTA’s and the Food Bank, and a percentage of the sales at location taken that day.

Councilman Silva asks if this going to be compatible with what was at Pierce Field and Ms. Georgia states yes but on much smaller basis.

Councilman Cusack states the last time he received some correspondence that was concerned about the treatment of animals your packet has a statement “Circus management has strong convictions that all animals deserve proper and appropriate care, treatment and maintenance.  Support is given to persons and organizations which are truly dedicated to the welfare of animals.”  Ms. Georgia states this circus has no wild animals it has dogs and horses.

Councilwoman Perry said the Barrington School Department did this a few years ago and I took my grandson it was a wonderful time very family oriented I really enjoyed it.  I want to commend you and Mary for coming up with this idea.  Anybody that can do anything to raise funds for the school department with the current budget situation is really appreciated.

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

Ms. Georgia asks any businesses that would like to purchase blocks of tickets we would like to give tickets to EPCAP to give to the children who can’t afford to go, and if the Council sees fit to waive any or all fees that would be greatly appreciated.

Councilman Silva asks at one time we were unsure of the proceeds going to the nonprofit groups what is the fee and Mr. Brown states $300.00.

On motion of Councilman Silva, seconded by Councilman DiTraglia to waive the fees on the City Side.

Councilman Cusack states I would want to be consistent with other nonprofit activities in the City.  

Mr. Brown states it would sound petty to not recommend waiving the fee but it’s not in a sense of pettiness it’s probably out of a sense of equity.  I don’t want to get into the finances of this organization or any other nonprofit but any group can come to you and say they are donating the proceeds to an organization and ask to have fees waived.  It you grant one nonprofit then you can get a number of other nonprofits coming in and asking for the same benefit.   I would recommend that we not move to waive the fee.

Councilman Silva asks if Heritage Days pay for their permit fees.  Mr. Brown states they do not. They would be paying that money to us as we co-sponsor that event.

Councilwoman Perry states we do get other requests for carnivals throughout the year for nonprofits for example The Gordon School. I know they always pay the fee and I agree that if we set a precedent we would have to carry through with everybody that makes that request.

On motion of Councilman Silva, seconded by Councilman DiTraglia to wave the fees on the City Side and on a roll-call vote is taken on the motion:

The motion is defeated on a 4-1 vote.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

ORDINANCES–FINAL PASSAGE (Given First Passage September 2, 2008 Advertised–Prov. Journal–September 5, 2008.)

The following is an ordinance amendment regarding Handicapped parking on Metacomet Avenue in front of house number 42.

NEW BUSINESS

CITY MANAGER'S REPORT

RECEIVE THE PROPOSED FY 2008–2009 BUDGET

Five minutes recess

Mr. Brown states given what has happened in the financial markets during the past several days obviously occurring after this budget was written and presented to you, it makes the whole feeling of economic security even more tenuous then it was when we drafted this budget and that feeling wasn’t too great to begin with.

A summary of what we do roads, parks, schools, library service and the comfort that we live in a safe city.  Our fire department responds to 9,961 calls a year.  Our police department on a 1–10 scale has a crime rate of about 1, our recycling division processes 4,000 tons of recycling material, our libraries circulate almost half a million volumes per year.  Senior center provides services to a large number; we maintain 160 miles of road and over 8,300 trees in our parks department.  In spite of the last budget which has been difficult, in spite of the budget that we are operating in now where the amount of revenue we had provided to us from the State was reduced considerably midyear we are continuing to provide the same services to our citizens. 

RI unemployment rate is 7.7%, East Providence is at 8.2%, and CPI is at 5.6%.  Our revenue available is $1,400,000.  Revenue:  New Tax Revenue:

When you look at our general fund expenses, our budget increase about $700,000 – 1.35% increase, if you look at where we are compare to the adopted budget it’s going down by $202,200 – 0.28%  that’s because this year in the middle of our budget year the amount of money we got from the State was reduced.  We cut back the level of spending in our operating departments to meet the level of revenue reduction so that we don’t finish in a deficit situation.  Some of the major increases are pension, salaries and health.  Major decreases were from unfilled positions; we reduced our leases, etc. 

Municipal Pension contribution rate cannot be controlled.

Our City budget goes up $700,000 the School has asked for an additional $9,375,415 a 22% increase.  The proposed tax rate is about an 18.00% compared to the 3.5% that we’re operating under.  The difference is $8,717,415.  Some of that $8 million is increases for operating expenses about $4 million is the deficit that we’ve been carrying forward and their trying to eliminate that all at one time.  The real purpose of this is the budget we received from the schools is in violation of RI state law.  While we impose a cap of 3.5% RI has imposed a cap on its localities of 5%.  We are prohibited from asking for more than the capped amount.  The schools have asked for an 18–20% increase, they are only allowed by law to ask for a 5% increase.  The difference in what they have asked according to the laws is that they exceeded that by $7.3 million dollars and we anticipate by the end of this year 2008 we will have a cumulative deficit of $4.5 million dollars what that effectively means is that probably for the last quarter the schools will not be able to pay their bills.  The deficit has to be addressed; the level of spending has to be addressed.  We could eliminate the Fire Department, but that would only help one year, we would have to eliminate the Police Department next.  If we look at Parks and Recreation, the Senior Center we wouldn’t get anywhere near the amount of savings you need to balance this budget.  Two real problems occur that the Auditors is almost unwilling to deal with any reduction deficit plan that we have until we appropriate at the 5% level which would appropriate an additional $900,000.00.  The other is the Auditors’ said we need to eliminate both the City and School side all discretionary spending.  Average taxpayer increase is $138.00 that’s at a 3.5% increase.  We are trying to explore every revenue area that we possibly can, tangible taxes, trying to recover taxes from abandoned taxes, and school properties.  This was shown to me by a friend in the business in another jurisdiction.

SECTION 16-9-1……SHOULD THE TOWN TREASURER, FINANCE DIRECTOR, OR OTHER CHARTER OFFICER CHARGED WITH GENERAL RESPONSIBILITY FOR TOWN FINANCES, OR THE SCHOOL FINANCAL OFFICERS, ESTIMATE THAT ACTUAL PUBLIC SCHOOL EXPENDITURES, ENCUMBRANCES, AND ACCRUALS MAY EXCEED THE TOTAL REVENUE APPROPRIATED FOR THE EXPENDITURES IN ANY FISCAL YEAR, THE SCHOOL COMMITTEE, THE SUPERINTENDENT OF SCHOOLS, AND THE CHIEF ELECTRED OFFICIALS OF THE TOWN SHALL BE NOTIFIED.  PURCHASE ORDERS OR FINANCIAL COMMITMENTS SHALL NOT BE AUTHORIZED EVEN ON THE ORDER OF THE SCHOOL COMMITTEE UNLESS IT CAN BE PROVEN THAT THERE WILL NOT BE AN EXCESS OF EXPENDITURES, ENCUMBRANCES, AND ACCRUALS OVER REVENUES.

In other words we would just stop paying bills if they can demand straight that they have the ability to pay for it and that on the other side that they stop incurring the expenses.  The part that it doesn’t apply to is collective bargaining agreements. 

On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to receive the proposed budget and have a public hearing set for October 7, 2008.

UNITED STEELWORKERS OF AMERICA UNION CONTRACT

Mr. Brown states at the last meeting we presented to Council for its approval the contract for IBPO.  The contract for the Steelworkers mimics the terms of the IBPO contract.  It’s zero for the coming fiscal year and creates a new contract for three years beyond that which will be a 3% increase, 3% increase and a wage re-opener also co-payments for premiums rising from $14.00 to $18.00 for current employees, new employees would be at $32.00 going to $35.00 per week and I would ask Council’s approval.

Councilman Cusack states we have a contract that doesn’t end till 2009.   We could leave this alone and wait and co-pay doesn’t change.   Were denominating the contribution in dollars per week and not in percentage of the cost of health care and we’re not making any distinction between people with single coverage versus family plan coverage.  Even the State in negotiation with its employees has been able to get agreement from all but one of its bargaining units for health care co-payments denominated in terms of percentage of the cost.  $14.00 a week is $728.00 a year maybe 10% of a single plan maybe 5% of a family plan.

Mr. Brown states I recognize that for our current employees it’s a low number but it’s a significant number for our new employees.

Councilman Cusack in your presentation on line 5 of the last slide you had numbers under the $11 million dollar deficit reduction package line 5 said  20% co pay $1.6 schools and $850,000 for the City.  How are we ever going to get there?  We’ll never get there at this rate.  I voted for the Police contract and I didn’t analyze it well enough.  That’s the one vote I’ve cast in the last two years that I’m sorry about.  I just felt that I was wrong in approving that.  These co-shares have to get up to 20%.  Barrington pays 20% it’s higher in Massachusetts, we need to get to that.   Why don’t we just let it expire and then get serious about getting the real numbers to where they need to be?  I would besiege my Council colleagues to reject this contract and let’s get serious.  

Mr. Brown states health costs will be reduced over time those contributions from employees will stay the same so their percentage of total premiums will go up.  The other extremely difficult issue is our employees came to the table years ago and offered a co-share for health care premiums and they did that when no other organizations in the City were doing that.  We have a great fear that they are given the zero this year and that they are increasing their health care payments in future years and at the same time the teachers will be required to do absolutely nothing or will end up getting a substantially better deal than they do.  Knowing our employees the way I do that in fact if they see serious movement on the school side of the house and we have not turned the corner financially the next year or the year after that they will be willing to continue to work with us.

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

The motion passes on a 3-2 vote.

REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley presents Claims Report from September 16, 2008

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 October 7, 2008 for a public hearing and consideration of final passage).

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

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” deleting stop sign WILSON AVENUE (northbound traffic) at Duncan Road. (Requested by:  Councilman Cusack)

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

Councilman Cusack states he asked for this because of neighbors in that area who all seem to agree that it was a mistake to put that there a couple of years ago and our professional staff agrees.

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

The following is an ordinance amendment regarding Handicapped parking on Walnut Street in front of house number 25-27.

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.” Handicapped parking WALNUT STREET in front of house number 25-27 (Requested by:  Director of Public Works)

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

COUNCIL MEMBERS

CONSOLIDATION BETWEEN CITY AND SCHOOL (by Mayor Ramos)

Mayor Ramos states I put this on the docket because I also can read the articles.  I recall at the last joint meeting we agreed that we’re going to work on consolidation together.  We voted on the City Manager’s plan and that was all inclusive.  They hired someone for the finance department for $110,000.00 and Dr. Hilton was still over there and I was under the impression that he wasn’t getting paid but he’s about $80,000.00 still getting paid and they hired a consultant that’s getting $300,000.00 plus.   That’s just one department I have a problem with that because we were talking about consolidating. Secondly we have a legal department that goes up from maybe $150,000.00 now there up to $300,000.00-$350,000.00.  I certainly don’t understand where this is money is going to come from.  I’m really having a problem with this and we sit here and talk about we’re trying to cut back and we cut back about 22 aids which was about $300,000.00 and then we put it over there in the legal department.  I thought we might be able to consolidate the legal department here so we could save as a team.  I thought it was going to be a team effort.  If someone has a contract how do we consolidate.  It’s obvious to me we’re not consolidating; we’re not abiding by the agreement that we made.  Then you’re going to send me a budget that’s 22% or 18% over an illegal budget and you want to sit with me with cooperation.  I’m not meeting unless they have a budget that makes some sense to me and I will be more than happy to meet you halfway.  That’s the responsibility of those people who got elected to the School Committee to come up with a budget that makes sense.  There was an agreement that we were going to do consolidation.  If they’re not willing to consolidate I want a letter from them stating that.   $9 million dollars they’re out of their mind and the Chairwoman of the School Committee throws the budget down and says let the Council handle it and laugh.  She might think it’s a laughing matter but I certainly don’t and when you don’t run again I guess you don’t get concerned about the tax payers of the City anymore. 

Councilman DiTraglia states how you can even justify somebody getting a new job at $110,000.00 a year when we’re going to face a 3.5% tax increase.  $30,000.00 raise, we don’t have the money.  People are lucky to have a job.  $300,000.00 increase, $30,000.00 raise, $110,000.00 nobody gets anything until things are straightened out in the City this is ludicrous.

Councilwoman Perry asks Mr. DiTraglia who is getting a $30,000.00 raise and Councilman DiTraglia states Onna Moniz’s replacement.

Mr. Brown states the person who fills the position of Affirmative Action coordination competed for a position and it was advertized at a salary and it was at the lower range that the former person was in the individual did receive additional compensation but he is not getting a raise in that position he got a position because he competed for a promotional opportunity and was successful. We previously budgeted Affirmative Action and Welfare in two separate departments this year we consolidated them into one budget. 

Councilman Cusack states the reading of the Superintendent’s summary of his budget it seemed like they overspent their budget by $3.5 million last year of the $9 million $3.5 plus the first million that we’ve been whittling down so that’s $4 million plus, sins of the past so that’s half the $9 million.  The rest is $2 million plus for estimated increases of healthcare costs, $2 million plus for estimated private tuitions for special need kids out of district and there was a miscellaneous that was $1 million.   Why do health care costs go up $2 million?  They’re self insured and last year they cut $2 million and the claims came in and there was $2 million more so it was fake cutting of the budget.  Professional services hope $100,000.00 in legal fees 47 hours a week on one client, the idea of hiring somebody for that position, I know that goes against consolidation we should have a school specialist consolidated under Jim McDonald here, but I’m glad about I never understood any number that’s ever come out of the department since I’ve been a citizen of this city.  At least now we have a guy with heavy duty experience, the idea of paying someone who isn’t there at $80,000.00 is probably some legal item that I’m not privy to that certainly needs to be resolved.  I remain hopeful and we need to get together with them.  There is nothing that the leaders of the School Union for us to enter the negotiations without fully staffed competent experts helping us and we got him.

Mayor Ramos states and we’re paying for him. Councilman Cusack says yes we’re paying for him and the right decisions and the right actions can save millions.  Mayor Ramos states if that’s the same guy who raised the taxes in Cranston twice in one year, we could do that without paying someone $110,000.00.  Councilman Cusack says there is no comparison with Cranston three years ago and us today.  I think it’s a little irresponsible to pick out one item out of the entire City of Cranston budget morass they have $3 million in their pension plan we have about $70 million in ours and we’re a smaller city.   Mayor Ramos said they’re willing to consolidate and mean it or not.   Councilman Cusack states you talk about consolidation and we want to see happen however you specifically exempt the custodians, which is the lions share.  Mayor Ramos answered he didn’t and Councilman Cusack said you specifically and emphatically.  Mayor Ramos said one of the things I did say is that I would not privatize the custodians, we had an opening of one of the custodians and I said to consolidate that department. 

STOP SIGN MARGARET AVENUE AT KNOWLTON STREET-FOUR WAY (by Councilman DiTraglia)

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

SIGN VIOLATIONS–NOTIFICATION METHOD (by Councilwoman Perry)

Councilwoman Perry states she received a call from a constituent who is a business owner who received a couple of notice of violations for a sign at his business.  I went to the business and he gave me pictures of other business with signs and he felt he was being singled out.  I thought it was important to get this on the docket and ask the zoning officer how the people are notified and how we decide which people get violation notices.

Mayor Ramos states I received some calls and I spoke with Mr. Brown and Mr. Pimental and I’m not here to change any ordinance I’m here to find out if we’re going to enforce it and I would expect everybody to be treated the same way and not be selective.  I see Benny’s has a lot of stuff out there.  We have to be considerate of small businesses.

Mr. Pimental passed out his violations notices.  Councilwoman Perry asks Mr. Pimental I understand the A frame on the sidewalks are a problem, but the other signage is there a certain size or the lettering on the sign.  Mr. Pimental quantity it’s difficult to enforce clearly a new business coming into the city or a new property that’s being developed getting those on target.  Wampanoag Plaza, Shaw’s, and new plaza on Newport Avenue we brought them all into compliance.  Couple of hours every other day I take on a part of the City, drive around see if there is anything in violation, document everything and did it consistently in each portion of the city.  Councilwoman Perry asks what’s the problem with this sign.  Mr. Pimental states there was two components to that violation there are two parcels under the same property owner, a. when Renter Center went to the zoning board to get a special use permit to locate there they expressly indicated to the zoning board the then zoning board conditioned and approved that there would be no window signage that was part of their approval that was violation number one.  I have gone there on several occasions in an informal manner to ask them to remove it and it hasn’t been rectified and then as part of going up and down seeing the excessive banners and a fame type sign that was part of that whole violation.  Councilwoman Perry states the notification goes to the property owner not the business owner.  I’m concerned about the property owner not telling the business owner.  Mr. Pimental states we can only prosecute the property owner. 

Councilman Silva asks if we need to revise our ordinance for signage.  Mr. Pimental states yes without question the Planning Department is well aware of this.  They are in the process of amending those regulations and providing us with something that is up to date.  Councilman Silva asks if this was pro business and Mr. Pimental states they’re basing it on the lineage frontage of a building not the property, which will allow more signage for the business owner. 

Councilman Silva states he would like Mr. Brown to see where the Planning Department is with this and give us a report back and see if there is going to be any public input.

Councilman Cusack states it is not pro business to allow any sign that any business wants to put up. 

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

COMMUNICATIONS

Bob Enos, 11 Milburn Road (02914) was sworn in by City Solicitor.

Mr. Enos states our problem goes back to over spending, lack of leadership and teamwork.  I started talking about tangible tax and consolidation months ago and the emphasis was not to increase the taxes but everyone pay their fair share.  When the School Department budget was turned into the city and you cut it and they said screw you I’m going to spend what I want to spend and nobody followed up to make sure they were under control.  Councilman Cusack wanted a financial summit and maybe Councilwoman Perry was for that.  Now they’re playing games with you I’ll turn this budget in that’s worthless, illegal, against the law whatever you want to say and then what will you do.  I think you should get rid of the school committee and add three people to the council and then we won’t have this propaganda going on.  We paid $25,000.00 for the Roger Williams report how much of this report was actually put into action, absolutely nothing. 

Carol A. Parker, 550 Taunton Avenue, Apt. 4B (02914) was sworn in by City Solicitor.

Ms. Parker states that me and several other people regarding the Burger King since it’s been renovated and being allowed to be open until 2:00 in the morning Thursday and Friday.  There has been a lot of noise with cars, radios, kids, bread delivery and the flood lights in the back shine into several of the apartments.

Councilman Silva states I think some of this problem was self inflicted by your apartment complex.  The proprietor removed all the trees, those trees were a buffer.  You are in a commercial zone.  This is what happens when you put apartments in a commercial zone. 

Mayor Ramos states the City Manager will have the Planning Department review it.

Robert W. Kent, 77 Plymouth Road (02914) was sworn in by City Solicitor.

Mr. Kent states over the years Hedley Circle has turned into a cut through there is a stop sign but I would like to see one put on Plymouth Road.  Dr. Ramos came out and he almost got hit.  Mayor Ramos states he spoke with Mr. Brown and Mr. Coutu.  Mr. Brown suggests that he would put in the Friday packets a response to this then if Council wants to put the item on the docket.  Mayor Ramos asks Mr. Coutu to speak.  Mr. Coutu states he put a counter and based on our analysis and using the standards of guidance document that’s used for stop signs it is our judgment that the stop sign is not warranted or recommended.

Mr. Kent states it’s not just a curve it’s a quick right and a quick left.

Mayor Ramos asks if we could put a caution sign and Mr. Coutu states he did suggest to Mr. Kent that we put a caution, slow on curve, or slow driveway ahead sign this could be done without Council approval.

Councilwoman Perry states she spoke with his mother and I parked there for awhile and I drove through the neighborhood.  Councilman Silva asks Mr. Coutu if the Council decided to approve a stop sign there would we be creating an unsafe environment and Mr. Coutu states it wouldn’t meet the criteria.

Mayor Ramos says this is under communication, next meeting I will put on the docket.

Councilwoman states why don’t we put a caution sign up now let them do a study and I will go there in the morning and afternoon to check the traffic.

ADJOURNMENT         

Mayor Ramos adjourns the meeting at 11:30 P.M. on a motion of Councilman Silva, seconded by Councilman DiTraglia.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

                                                            Approved:    October 21, 2008