I.     CONSENT CALENDAR

Councilman Silva asked that item B is removed from the consent calendar and discussed separately.

On motion it is unanimously voted to remove item B from the consent calendar.

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

A.     APPROVAL OF COUNCIL JOURNALS

May 1, 2007 – Regular Meeting

B.  ALCOHOLIC BEVERAGE-CLASS F-1 – May 25, 26, & 27, 2007

Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillips Street (02914)

                  C.  ALCOHOLIC BEVERAGE-CLASS F-1 – June 2, 2007

                        St. Mary’s Academy-Bay View, 3070 Pawtucket Avenue (02915)

D.    ALCOHOLIC BEVERAGE-CLASS F-1 – June 1, 2, & 3,  2007   

Trinity Brotherhood, 146 Sutton Avenue (02914)

Councilman Silva stated that the Phillips St. Hall Annual Feast falls on a Holiday weekend so would like permission to stay open one hour longer on Sunday.

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

II.    APPOINTMENTS

1.  Canvassing Authority (by Mayor Ramos)

Peter Barilla, 12 Miller Avenue (02916)

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

2.      Juvenile Hearing Board  (by Mayor Ramos)

Michael Silva, 42 Griffith Drive (02915)

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

3.      Board of Tenants Affairs (by Mayor Ramos)

Jeanne Sadler, 115 Goldsmith Avenue (02914)

It is unanimously voted to approve.

4.      Assistant Harbormaster(by Councilman DiTraglia)

Michael D. Popolillo, 35 Tanglewood Drive (02915)

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

5.  Assistant Harbormaster (by Councilman DiTraglia)

Michael Znosko, 12 Catalpa Street (02915)

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

LICENSES REQUIRING PUBLIC HEARING

Mayor Ramos reclused himself from the next item and Assistant Mayor Councilman DiTraglia took his place as Mayor.

1.  Dance/Entertainment (Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer and Fire Marshall)

Tropical Ilhas, Inc., 472 Waterman Avenue (02914)

Everyone who wanted to speak was sworn in by City Solicitor at the same time and asked to state name and address for the record when they came to the podium.

Martin P. Slepkow Attorney for Tropical Ilhas, Inc., and Elaine Briggs, Stock Holder and President.

Attorney Slepkow stated they applied for a dance entertainment license with the last city council and was passed August 10, 2004 subject to zoning.  My client went to zoning with a petition for a combination of an expansion and live entertainment.  There was some opposition to the expansion of the facility and it was turned down.  On April 18, 2007 we went back to the zoning board for a special use permit and it was passed.  The license involves live music.  It’s a small place 27’ x 32’ small type bands.   Less than a mile is Bovi, across the street Rockin Times, and Two Jerks Pub and Grill there are a number of licenses in that area.  Her hours are 9 p.m. to 1 a.m.  There is a neighbor that is objecting.

Elaine Briggs, 472 Waterman Avenue (02914) stated my business is small.  Live entertainment is a three piece band or DJ.  We cater to people who speak Portuguese.  We play Portuguese, Cape Verde and Portuguese Brazilian music, very little English music.

Councilman DiTraglia asked how long have you had this place of operation.

Ms. Briggs stated thirteen years.

Councilman DiTraglia stated thirteen years without an entertainment license.

Ms. Briggs stated in the beginning she didn’t know that.  I thought it was a full service.

Councilman DiTraglia full service to you was everything.

Ms. Briggs stated we never had a problem before.

Councilman DiTraglia asked if she would have entertainment every night.

Ms. Briggs stated no, maybe Thursday, Friday and Saturday, some weeks maybe just two nights.

Councilwomen Perry asked if she had her own sound system or do the entertainers bring the sound system.

Ms. Briggs stated she had her own sound system and the place was renovated four years ago with sound proofing.  You can’t hear outside.

Councilman Silva stated this has been an establishment that always had entertainment.  Also a police officer stated that they could only hear music if the door was left open.  You have committed to that the doors will be closed.

Councilman Cusack asked when the entertainment license time for Rockin Times is.

Ms. Briggs stated they are open till 1 a.m. and the music is on till they close.

Alda DeAndrade, 25 Martello Street (02914) stated I’m not here to put anyone out of business just to get a good night sleep.  We have asked the customers of Rockin Times and Tropical Ilhas to park on Waterman Avenue.  I have been told it’s a public street.  Out of courtesy and decency they should tell their customers not to park on Martello Street.   At the zoning meeting the President asked them to put a sign up. I have been accused repeatedly when I made the comment that I didn’t want our neighborhood to look like South Providence. It was never intended to be a racial remark.  It was because of all the litter that has accumulated.  I don’t want them to litter or park near my house. 

Acirto Mandelli, 15 Martello Street (02914) stated I know I’m accused of being a trouble maker but I have been opposing this from day one.  They did a lot of things.  They had a refrigerator in the back.  I have a lot of signatures; we are opposing the 9:00 p.m. to 1:00 a.m.  Maybe they could have music till 11:30 p.m., that’s what Rockin Times license states 11:30 p.m.  Mr. Martello passed out papers to the Council.

They only have one handicap space and space for the employees.  They have no parking.   I don’t think they should have the license.

Councilman Cusack asked the City Solicitor what powers do the Council have for this license is it for every night or what is on the license. 

Mr. Conley stated that the City Council has the right to set a time and regulations adopted 2005 no outside entertainment except upon specific approval by the City Council and provide that granting license under these provisions under protection of the public health, welfare and safety and prevention of  excess noise for the public peace. 

Councilman Cusack asked if the City Solicitor could tell us what hours was on the Rockin Times license.

Mr. Conley stated no, the City Clerk would have that license.  

Octavia Gomes 12 Warwick Avenue (02916) was sworn in by City Solicitor.

Mr. Gomes stated I’m on Tropical Ilhas side.  When you go downtown you can’t park on certain streets at certain hours.  How about the City spends some money put some signs up on Montello Street that says no parking between 9 p.m. and 1 a.m.   That man on 15 Martello Street says he’s never done anything wrong, all this illegal stuff. There are a lot of people that work with no licenses no permits and they build stuff every day.  Maybe the City should spend a little more money investigating those people that are making money on us and not paying taxes.

Alice Martin, 1 Vineyard Avenue (02914) was sworn in by City Solicitor.  Ms. Martin stated for the past four years I am sick and tired of the abuse the owners of Tropical Ilhas are going thru.  I’m involved in a lot of organizations to encourage minorities.  This neighbor has been harassing us.  Coming around and taking pictures.  He said he would never be content till they shut down Tropical Ilhas.  It’s a personal thing.  I’ve been in there several times and I’m a lady and I have class and I wouldn’t go into a dive.  She has waitresses, she dresses accordingly, and dignitaries come from out of state and Providence.    That place means a lot to immigrants.  We have registered people their parents have been here for forty years become citizens become register voters.  They teach them English, if they can’t read Elaine and her partner help them.  No one gets drunk and falls out of that place.  It’s a home without a home.  I’m a college graduate; I do have business management training.  I’ve studied the laws.  I think this is foolishness.  I live on Vineyard Avenue; I go up and down Brightridge Avenue.  I have to go on the left hand side when I go home.  We’re not going around asking the neighbors to sign petitions of Brightridge Hall.  Why Martello Street?   He’s going to take our time, the police time; we’re taxpayers this needs to be settled tonight.  Who are these people, we’re going to spend money to put up no parking signs for them, well come on my street.  We rotate; put no parking signs on my street.  Look at Pawtucket Avenue; put no parking signs on both sides of the street. 

Maria Holloway, 38 Warwick Street (02914) was sworn in by City Solicitor.

Ms. Holloway stated she’s lived there for seventy-nine years.  I’ve been going to Tropical Ilhas for thirteen years.  It’s a nice place to go.  We don’t break any laws; we don’t have any trouble with the police.  We have beautiful people of all kinds; we have tablecloths on the tables.  It’s a place like home and I will continue to go there.  One or two people who say they don’t like it.  It was there before they moved here.  I was born and raised in the same house.  Our family own houses for years and years.  We pay our taxes too.  If I don’t like my neighbor I just don’t look at them.  Please leave us alone.

Councilman Silva asked Elaine if she would place a sign in your hallway, please respect our neighbors and don’t block their driveways.

Ms. Briggs stated absolutely I don’t have a problem with that.

Councilman DiTraglia asked what type of license she was applying for.

Attorney Slepkow stated just entertainment.

Councilman Cusak stated it would be important to know what limit there competitors have.  If we could learn what their license states.

Councilman Silva asked to take a five minute recess for the City Clerk to check the records to see what times Rockin Times and Two Jerks Pub has.

On motion of Councilman Silva, seconded by Councilman DiTraglia, and it is unanimously voted to recess. 

Assistant Mayor DiTraglia called the meeting to order.

City Clerk stated Rockin Times all music must cease at 11:30 p.m.  Two Jerks Pub had no entertainment license.

Attorney Slepkow stated he had no doubt what the City Clerk stated was true, but he has no doubt that they are playing music till they close at 1 a.m.  No bar is going to exist with an 11:30 closing time.  Most people come to a lounge at 10 p.m. or so.  It makes no sense.  It’s unreasonable.

Councilman Silva asked if this is going to be granted would Ms. Briggs go with a stipulation that it would be just on the weekends 1 a.m. and weekdays 11:30 p.m.   I know Sunday is a weekend but I would stipulate Sunday be 11:30 p.m.

Ms. Briggs stated would like three days like Thursday, Friday and Saturday.

Councilman Cusack asked that we need cooperation with the customers and the neighbors.  We need to talk to the competitors for cooperation.

Councilman Silva made a motion to approve the entertainment license for 11:30 p.m. except for Thursday, Friday and Saturday till 1 a.m.

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

LICENSES NOT REQUIRING PUBLIC HEARING

1. Peddler Ice Cream (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)

 Ryan Whalen, d/b/a Del’s Lemonade, 400 Waterman Avenue (02914)

Ryan Whalen, 315 Taunton Avenue (02914) was sworn in by City Solicitor.

Mayor Ramos asked where you would be peddling.

Mr. Whalen stated it would strictly be at events; baseball games, Heritage Days and any other special events.

On motion of Councilman Silva, seconded by Councilman DiTraglia, and it is unanimously voted to approve.

2. Peddler Ice Cream (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)

Jonathan Acosta, d/b/a Palagis Ice Cream, 55 Bacon Street (02860)

Jonathan Acosta, 96 Urban Avenue (02904) was sworn in by City Solicitor.

Mayor Ramos asked there have been two or three coming in from the same company.

Mr. Acosta stated he does Rumford.  There is one in Riverside.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

VII.  PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage May 1, 2007.  Advertised – Prov. Journal – May 4, 2007.)

1.   This ordinance amendment corrects certain section references contained in Subdivision X and Subdivision VI of Chapter 4.

AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998,

AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

SECTION I.  Subsection (g) of Section 4-289 entitled “Securing of vacated dwellings and structures” of Subdivision X entitled “Dwellings Unfit for Human Habitation” of Division 5 entitled “Minimum Residential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            (g)  The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-432. 4-294.

            SECTION II.  Section 4-291 entitled “Order to demolish” of Subdivision X entitled “Dwellings Unfit for Human Habitation” of Division 5 entitled “Minimum Residential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Whenever a notice of violation provided for in section 4-428 4-286 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling.  Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-104, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once for a week for two (2) successive weeks, and service shall be made at least three (3) months prior to the effective date of the demolition provisions of the order.  An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

            SECTION III.  Section 4-294 entitled “Liens and charges to cover expenses” of Subdivision X entitled “Dwellings Unfit for Human Habitation” of Division 5 entitled “Minimum Residential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the chief inspector has taken direction action pursuant to the provisions of sections 4-430 or 4-431 4-292 or 4-293, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property.  Such lien shall be recorded.  If the dwelling is demolished by the chief inspector, he or she may sell the materials of such dwelling, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto.  In every case, the cost of direct action shall be costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

SECTION IV.  Section 4-421 entitled “Order to vacate” of Subdivision VI entitled “Unfit Structures” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Whenever a notice of violation, as provided for in section 4-422 4-414, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the nonresidential structure is unfit for continued occupancy, and such finding shall constitute an order to vacate.  Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 4-94, and service shall be made at least ten (10) days prior to the effective date of the order to vacate.  An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

            SECTION V.  Section 4-424 entitled “Removal of placards from condemned nonresidential structures” of Subdivision VI entitled “Unfit Structures” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            No person shall deface or remove the placard from any nonresidential structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-425 4-423.

      SECTION VI.  Subsection (g) of Section 4-425 entitled “Securing of vacated and nonresidential structures.” of Subdivision VI entitled “Unfit Structures” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            (g)  The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-432 4-418.

      SECTION VII.  Section 4-427 entitled “Order to demolish” of Subdivision VI entitled “Unfit Structures” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Whenever a notice of violation provided for in section 4-428 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for human occupation, and such finding shall be an order to demolish the nonresidential structure.  Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-104, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks, and service shall be made at least three (3) months prior to the effective date of the demolition provisions of the order.  An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

      SECTION VIII.  Section 4-430 entitled “Liens and charges to cover expenses” of Subdivision VI entitled “Unfit Structures” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Whenever the owner fails to comply with an order to repair, alter, improve or demolish a nonresidential dwelling which has been determined to be unfit for human occupation, and the chief inspector has taken direct action pursuant to the provisions of sections 4-430 or 4-431 4-428 or 4-429, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property.  Such lien shall be recorded.  If the nonresidential structure is demolished by the chief inspector, he or she may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto.  In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

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

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

Joe Carter, 35 Oak Avenue (02915) was sworn in by City Solicitor.

Mr. Carter stated you dispense with the reading of the ordinance and I don’t know what it is.

Mr. Conley stated it is on the Docket.  This ordinance deals with Minimum Housing Standards it’s adopted from State Code.  The provisions you have before you don’t change any of the substance of it, it simply changes numbering to match changes that are in the State Code.

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

2.  The following ordinance is appropriating $2,000,000 to finance the repairs, renovations and improvements to city roads and drainage systems and authorizing $2,000,000 bonds or notes to finance same.

AN ORDINANCE APPROPRIATING $2,000,000 TO FINANCE THE REPAIRS, RENOVATIONS AND IMPROVEMENTS TO CITY ROADS AND DRAINAGE SYSTEMS AND AUTHORIZING $2,000,000 BONDS OR NOTES TO FINANCE SAME

          WHEREAS, Chapter 598 and Chapter 608 of the Public Laws of Rhode Island 2006 authorize the issue of $2,000,000 bonds and notes in anticipation thereof by the City of East Providence to finance the repairs, renovations and improvements to city roads and drainage systems (hereinafter referred to as the "Project"); and

          WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special election held November 7, 2006 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and

            WHEREAS, the Project is a capital project for public improvements needed by the City;

            THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

            SECTION I.  The sum of $2,000,000 is hereby appropriated for the purpose of the Project including retirement of the Notes at the maturity thereof.

            SECTION II.  The issue of $2,000,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 598 and Chapter 608 of the Public Laws of Rhode Island, 2006 and the City Charter.  The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.

            SECTION III.  The estimated maximum cost of the Project is $2,000,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon.  Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.

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

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

No one from the public wishes to speak.

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

VIII. NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.      Memorandum of Understanding (City of East Providence/Gilbane Development Company)

Mr. Brown stated the item you have before you was tabled about a month ago so we could gather some additional information.  The issues involve Tax Support including Tax Increment Financing, cooperation with Coastal Resources Management, working with Squantum Woods on a land exchange, Easements of City property and General Cooperation.  We have reviewed the agreement and we think the terms are appropriate.  We cannot enter into any agreement without coming to Council.  I would ask for Council’s approval to enter into this agreement.

Councilman Silva stated no dollar amount, it all has to come back to Council.

Mr. Brown stated that’s correct. 

Councilman Cusak stated this MOU is our providing tax increment financing will not incur an obligation of the City and finance would be back by extra revenue generated by the project.

Mayor Ramos stated he had concern and the TIF program was explained and the City wasn’t going to be responsible.

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

2.      Financial Statements for Fiscal Year ending October 31, 2006

Mr. Brown asked Paul Dansereau and Joanna L’Heureux to speak. 

Mr. Dansereau thanked everyone he was involved with and went through the Financial Statements.

Mayor Ramos wanted to go over the Management Letter; there were a few recommendations by you stating we are under funded.

Mr. Dansereau stated many communities are under funded.  We are required by State to report that.

Mayor Ramos stated we are at 79% funded.

Mr. Dansereau stated your percentage of funding level is good.

Councilman Cusack asked if you’re aware of the funding for the last five years.  It’s increased the last two years is that enough?

Mr. Dansereau stated any increases are good.

Mayor Ramos stated you’re recommendation was the City and School Department perform monthly or quarterly account reconciliations.  The Manager stated we will attempt it.

Mr. Brown stated we are only half that part.  Mr. McDonald will attempt to do that, but if he doesn’t get information from the School Department he won’t be able to.

Councilman DiTraglia stated it was so important to do these monthly reconciliations.

Mr. Dansereau stated he agreed, we have a heads up much quicker to correct a problem.

Councilman Cusack asked if they did this last year and with other Cities.

Mr. Dansereau stated we have been in a three year contract with this City this being our last year, hoping to be called back.  He named many Cities in Rhode Island that they do.

Councilwoman Perry asked in all the other municipally do you ever see where the City or Town handles the finances for the School Department as well.

Mr. Dansereau stated yes recently East Greenwich, but the School Department still does their own Grants and things like that.  Glocester voted two years ago for the Town to take over the School Department and I think it’s just going to happen July 1, 2007.  West Warwick is discussing it right now. 

Councilwoman Perry stated as we talk about conciliation.

Mayor Ramos stated the City Manager, Superintendent and the Chairwoman met and this is something that we looked.

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

3.   Canvassing Clerk Pay Grade

Mr. Brown stated the recent action of Council changed the composition of the canvassing board and effectively removed the Clerk employee from the appointed position and moved her into a more classified type position.  In order to accomplish that I’m recommending that the Canvassing Clerk be established at a pay grade of 35E.

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

4.   2007/2008 Community Development Block Grant Program Awards

Mr. Brown stated 2007/2008 Community Development Block Grant budget.  You have the recommendations before you.  The funds that are available from HUD are $814,000.00, the anticipated program income is $35,000.00, and the available prior year funds are $55,000.00 giving a total of $904,000.00.

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

B.   REPORTS OF OTHER CITY OFFICIALS

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

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

Mayor Ramos asked for unanimous consent to change the order of business and move number 5, 6 & 7 from Communications to come under this next discussion.

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

COUNCIL BUSINESS

1.      Discussion on Multi-Purpose Recreation Center (by Mayor Ramos)

Richard Crooke, Jr. was asked to speak.  I have sent you a packet on the Multi-Purpose Recreation Center.  There is a chronology of what has taken place over the last seven years also an analysis prepared for Edwards and Kelcey and a revised floor plan.  They had over thirty possible sites, then down to five and then Pierce Field was chosen.  November 2002 passed on a Referendum and November 2004 passed on a Referendum. 

Councilwoman Perry complimented Mr. Crooke well done report with the History.

John Alexyon, 26 Winthrop Street (02915) was sworn in by City Solicitor. 

Mr. Alexyon submitted a petition signed by 519 residents for this to be passed.

Several months ago I express my opinion about the Multi-Purpose Recreation Center in the Providence Journal and East Providence Post.  I have always believed that elected officials were to fulfill the desires of those who elected them regardless of political ramifications.   Our Seal states PRO BONO PUBLICO which means FOR THE GOOD OF THE PEOPLE.  It’s clear the citizens of East Providence voted for this center.  The cost has ballooned since it was passed, and the price keeps going up.

Dennis Roy, Executive Director of EBCAP, 40 Walter Street, Barrington (02860), you may remember it as Self Help, Inc.

Mr. Roy stated that EBCAP is the owner of the building at 100 Bullocks Point Avenue (02915).   The City has been a major benefactor of ours.   In 2003 the City gave us this building for $1.00 with the stipulation that our organization would work hard to renovate the facility, and provide space Riverside Library and the Recreation Center until such time that alternative opportunities present themselves for both those programs.  We have put in over $2 million dollars of renovation.  Our plans include an establishment of a Dental Center where the Library was located.  We have three classrooms, Early Head Start classrooms in the public schools in East Providence that we presently rent at Waters School.  We’re concerned about the long term liability of our being able to rent those classrooms.  We serve over 200 kids if one of those opportunities fails for us; we have to have extra classrooms at Bullocks Point Avenue facility.  We would like to expand medical health services.  A lot of these opportunities would be in jeopardy.  We intend to honor our obligations to the City; to build a recreational center is a win win situation. 

Councilman Silva asked about the roof leaks.

Mr. Roy stated they put a new roof on the top section.  The roof over the gym leaks and it’s out for bid this summer, and we’re going to put in a new skylight.

Councilwoman Perry asked if you receive any compensation from the City for the rent of the recreation.

Mr. Roy stated no, but the City pays for a fair share of utilities.  The building is approximately 50% occupied by our organization and 50% occupied by recreation department.

Councilman Silva stated he couldn’t find building #7 on this map. 

Mr. Crooke stated that it’s the parking lot.

Councilman Silva stated you said you were not purchasing the 305 club.

Mr. Crooke stated that was correct.  This scamatic is the original plan by Edwards and Kelcey.   They did not do a new overlay.  He showed a floor plan and stated this basically is the new floor plan the original had jumped to about $8 million dollars from the $5 million dollars we had in 2002. 

Councilman Silva asked do you know if the parking is going to fit on this plan because we don’t see that anymore.

Mr. Crooke stated this is the old site plan.  We didn’t get a new one from Edwards and Kelcey.  The building is smaller then the original and a portion of the property we would be building under the old plan would be part of the new plan.

Councilman Silva asked if there would be enough parking for the recreation center and the sport fields.

Mr. Crooke stated we have 350 parking spots at pierce field we would have enough around the center however when there are events we would use the other parking near the football stadium and have walking paths that would be approximately 150 yards.

Councilwoman Perry stated with the new design is there room for expansion.

Mr. Crooke stated if we were to expand it would be upward and outward.  There is room at the back of the building for a swimming pool and the south end for additional building room.  That expansion of the south end would necessitate the acquisition of the 305 club at that time.

Councilwoman Perry asked if it was the exact location on this map.  Will there be any change in the little league fields.  Will you be losing any? 

Mr. Crooke stated no, we wouldn’t be losing any.  The building sits on top of the little league field.  The field at the corner would become a little league field so there would be no loss in little league operations.

Councilwoman Perry asked what is that field used for now.

Mr. Crooke stated adult softball and that would be moved to Agawam softball facility.

Councilman Silva stated so we are going to lose a field, because what happens to the field that’s at Agawam.

It’s already being scheduled and used right now.

Mr. Crooke stated no, it’s not being used entirely.  There are open times there and we also have Riverside, Hull Street we have available times right now.  Twenty years ago you couldn’t get on a field today there’s not as many teams.  We had 30 teams in a league, now some leagues are 18 some 6.

Councilman Silva asked do you have softball scheduling problems; I’ve had several complaints with the girls having double headers because there’s not enough time for them.

Mr. Crooke stated I’m not having any problems at all scheduling them that has to be internal.

Councilman DiTraglia stated that cost summary phase one building $5.3 jump up over a quarter of a million. 

Mr. Crooke stated that was on the old building the new cost is $4,930,402.  This is a downscaled building minus an auditorium.  We lost more than 8,000 square feet.

Councilman Silva asked Mr. Brown if we were fiscally sound to afford something like this.

Mr. Brown stated I would love to see a recreation center but I don’t think we are in position to afford it.  A couple of meetings ago we had parents in this chamber who were concerned about a couple of schools closing.  The School Committee elected not to close the schools but from what I can tell we have still not addressed the underlining issues to that relate to their budgetary problems.  In addition we have our escalating cost of government, State restrictions in our ability to raise revenue S3050 and locally imposed restrictions to grow our revenue by tax 3 1/2%.  The other part is building a downscaled building and then we’ll want to expand.   That’s the long answer the short answer is no.

Mayor Ramos asked the $5 million bond issues would that be part of the state cap if we were to do that.

Mr. Brown stated in order to pay back a bond we have to raise a certain amount of revenue so when we are raising revenue it would be included in either our local cap or the state cap.

Councilman Cusak stated he recognized that vitality of a bond referendum, but a bond referendum gives us the ability to borrow money but the Council has to decide if we can afford to pay the money back.  The sewage treatment plant is going to cost $55 million.  Fiscal crisis mentioned by the School Department.  Finances are very tight in this City.    Can we afford this facility today?  With the waterfront development commission success the next few years I hope we will be in a better position.

Mayor Ramos stated we are excepting this as information only.  I need a motion to go back to regular meeting.

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

2.      School Department Deficit Solutions  (by Councilman Cusack)

Councilman Cusack stated we are all aware of the seriousness of the School Department we had hopes of the bargaining negotiations but it borne no fruit.  The council has been patient.  We have two ideas one is third party administrator role currently filled by Blue Cross can be changed for great saving.  We are bound by the benefits of the plan; however the function performed by Blue Cross can be change without the cooperation of the bargaining unit.  We see savings of $400,000 on the low side approaching a million on the high side.  Secondly is the buyback litigation.  The buyback is money received if they don’t take medical.   The City is self insured so there are no premiums.  We owe the taxpayer to go forward with litigation.  That’s over $600,000 a year.

Mayor Ramos asked what happens if we take it to court and we lose.

Mr. Conley in addition to the arbitration the city filed a judgment in superior court, because we were the third party.  The grand strategy at that time would be we could be heard consolidate the appeal of arbitration.  Our judgment action is still pending.  There would be no cost on behalf of the city because I get paid whether you bring this to court or not.  We brought action against the school department it’s conceivable the Unions if they prevail could ask for attorney fees.

Councilman Cusak stated it costs us about $27,000 every two weeks to pay the buybacks.

Mayor Ramos stated this was for information only.

C.       INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on June 5, 2007 for a public hearing and consideration of final passage).

XI.   ADJOURNMENT

On motion of Councilman DiTraglia, seconded by Councilman Cusack it is voted to adjourn.

Mayor Ramos adjourns the meeting at 11:10P.M.     

  Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    June 5, 2007