CITY OF EAST PROVIDENCE

CONSENT CALENDAR

1. Approval of Council Journals

Regular meeting - March 6, 2001

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

Mayor Larisa is now present.

LICENSES REQUIRING PUBLIC HEARING

1. Show Cause Hearing (Notice mailed to abutters - March 9, 2001)

Dick C's Place - 218 Warren Avenue

The license holders are present and ask the Council for a continuance because their Attorney did not have enough time to review the information. Mr. Conley informs the Council that another Attorney called him asking about the case and says Mr. Maaia never called him about this hearing.

Mr. Conley suggests making the police report part of the record. Mr. Grant makes a motion, which is seconded by Mr. Miranda to have a full hearing tonight. Mayor Larisa says he prefers to go the route suggested by Mr. Conley, which is to have the license suspended for two weeks until the next Council meeting, at which time the full hearing can be held. When asked for his recommendation, Chief Dias says he recommends suspending the license tonight until the next meeting. Mr. Grant and Mr. Miranda withdraw their motion.

On a motion is made by Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to make the package of information, which was previously given to the license holder, part of the record.

The license holders given their names for the record - Richard and Deborah Costa, 19 Oakland Drive, West Warwick, Rhode Island.

On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to proceed with testimony from Chief Dias.

The Costas state they will not take part without the presence of Counsel.

Chief Dias gives an overview of the problems which the business has had since taking over the license in August 2000. He says his officers have responded to several disturbances, some of which have been very dangerous. It is also reported that several neighbors have signed a petition requesting that the license be revoked.

On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to make the petition part of the record.

Chief Dias says he is afraid someone will be killed if the business is allowed to continue to operate. Mayor Larisa states that the Council has sufficient evidence to suspend the license until a Show Cause Hearing is held. He says he believes there are grounds to suspend the license until midnight of April 3, 2001.

On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to suspend the license of Dick C's until midnight, April 3, 2001.

2. Alcoholic Beverage License - Class B Full Privilege - Transfer

(Advertised E.P. Post - February 22 and March 1, 2001)

From NE Restaurant Co., Inc., dba Chili's Grill & Bar To: Brinker Rhode Island, Inc., dba Chili's Grill & Bar - 50 Highland Avenue, East Providence, Rhode Island

Marc R. Leduc, West Hartford, Connecticut is present and sworn.

There are no persons from the public wishing to be heard.

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector and Health Inspector.

Victualing - Over 50 - Transfer

From NE Restaurant Co., Inc., dba Chili's Grill & Bar To: Brinker Rhode Island, Inc., dba Chili's Grill & Bar - 50 Highland Avenue, East Providence, Rhode Island

On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.

3. Alcoholic Beverage License - Class B Limited - Transfer

(Advertised E.P. Post - February 22 and March 1, 2001)

From Symeon Co. LLC dba Theo's Family Restaurant

To: Verna Jeane, Inc., dba Theo's Family Restaurant - 1175 Warren Avenue

John Gionis, 73 Coggeshall Street, Providence, Rhode Island the Transferee and Panagrotis Symeon, the Transferor are present and sworn.

There are no persons from the public wishing to be heard.

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.

Victualing - N/Over 50

From Symeon Co. LLC dba Theo's Family Restaurant

To: Verna Jeane, Inc., dba Theo's Family Restaurant - 1175 Warren Avenue

On motion of Mr. Grant, seconded by Mr. Miranda, , it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.

LICENSES NOT REQUIRING PUBLIC HEARING

Victualing - N/Over 25

Emilia Pereira, dba Caffein, 456 Warren Avenue, East Providence, Rhode Island

Joseph Correia, a partner in the business at 456 Warren Avenue, is present and sworn.

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE (Given first passage March 6, 2001)

Advertised - Providence Journal - March 9, 2001

The following ordinance addresses neighborhood concerns of traffic on Johnson Place.

NEW BUSINESS

CITY MANAGER

1. Requesting Council approval to award contract for lease/purchase financing for Parks & Police Vehicles

On motion of Mr. Miranda, seconded by Mr. Grant and Mr. Rogers, and on a roll call vote, it us unanimously voted to approve.

2. East Providence Enterprise Zone Expansion

Mr. Lemont says this is the result of the recent discussions with Taco Manufacturing.

Jim Moran states that the current Enterprise Zone consists of five census tracts. This proposal would add property belonging to Mobil and property in Riverside. He says this particular development will provide significant economic development opportunities for tax benefits, based upon the large development they are proposing.

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.

3. Selection of Streets - Phase III

Mr. Miranda says some of the streets that will be repaved will have to be dug up again to repair the water infrastructure. He says that it is unfortunate, but the streets have to be repaved now. Mr. Lemont says that the original plans were to put in the water improvements prior to repaving the streets, but the requested water increase was not approved by the Council and as a result, the water improvements had to be postponed. But the repaving of some of the streets, such as Walnut Street and Wilson Avenue, cannot wait. Mayor Larisa responds that the reason there is not enough money for the water repairs is because the Council voted to cut the proposed water increase in half, and instead of raising an additional 2 million dollars a year, the additional revenue is only 1 million.

On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve.

Mr. Miranda asks Mr. Lemont if a pipe is found to be a problem during the road repaving, will it be replaced then, and Mr. Lemont responds that it will be taken care of at the same time.

4. City Manager's Report

• Mr. Lemont asks Steve Mutter to give a progress report on the efforts being made for the Bullocks Point Village fire victims. Mr. Mutter responds that many different organizations are working together to help the families. He says financial donations are being accepted, as well as furniture, bed frames, bunk beds, etc. Mr. Miranda mentions that the Charity Ball Committee will be meeting to discuss making a donation.

• Mayor Larisa asks Mr. Lemont for an update on the Waddington School heating system. Mr. Lemont says he knows that three or four companies responded to the RFQ. He says he does not know what has been done since then, but at least two of the companies that responded would be more than acceptable. Mayor Larisa says he does not know why there has been no award, and he asks Councilmen Rogers, as Council Liaison, to try to get an answer.

• Mr. Lemont gives a presentation on the Bentley Street garage. He says he previously made the presentation to the Council, but the meeting was not televised and he wants the public to be able to see what is going on. He says the City is going to be developed in the Warren Avenue area with a hotel and two office buildings. The School Department garage needs to be relocated, and Bentley Street garage had been a consideration at one time.

After the presentation, Mr. Miranda states that he is not sure it will cost $250,000 to fix the Bentley Street building. He says he wants to assure the neighbors that no matter what happens to the building, he will never vote for a 12 unit apartment, as has been rumored.

REPORTS OF OTHER CITY OFFICIALS

(By William J. Conley, Jr., City Solicitor)

1. Claims and Litigation Committee Report

• Kidman, Bruce - Claim No. 01-13 Denied
• King, Martin J. Jr. - Claim No. 01-15 Denied
• Allen, Joan - Claim No. 01-16 Referred to Cox Communications
• Santos, Susan, Claim No. 01-18 Referred to R.I.D.O.T.
• Pattie, Michael - Claim No. 01-20 Denied
• Overdeep, Elizabeth - Claim No. 01-21 Approved
• Rebelo, Alex - Claim No. 01-24 Denied
• Aldine, Maher - Claim No. 01-19 Approved
• Campinha-schenck, Althea - Claim No. 01-17 Approved
• Bennet, Robert - Claim No. 00-52 Deferred
• Baxter. John - Claim No. 01-01 Approved
• WANNAMOISETT Country Club V. Tax Assessor Deferred
• Agawam Hunt Club V. Tax Assessor Deferred

Motion to accept is made by Mr. Miranda, seconded by Mr. Midgley. Roll call vote follows:

Mr. Grant       Aye

Mr. Midgley    Aye

Mr. Miranda   Aye

Mr. Rogers      Aye

Mayor Larisa Abstain (was not present at Claims Committee meeting)

Motion passes 4-0 with 1 abstention.

2. Metricom, Inc. Right-of-Way Use Agreement

Mr. Conley explains the agreement and says the Council passed a telecommunications ordinance which would allow the placement of antennas on utility poles throughout the city, with the permission of the City Manager.

Mr. Grant asks why the City Manager approves and not the Council. Mr. Lemont says he approves both the telephone and electrical pole placements and one of the reasons is that the utility companies would have to wait more than two weeks for the Council to meet. Mr. Conley states that the ordinance is written to give the City Manager the authority to approve these.

Mr. Midgley recuses himself from any discussion because of his employment as a telephone worker.

Motion to approve is made by Mr. Miranda, seconded by Mr. Rogers. Roll call vote follows:

Mr. Grant                   Nay

Mr. Miranda               Aye

Mr. Rogers                  Aye

Mayor Larisa              Aye

The motion passes 3-1 with a recusal by Mr. Midgley.

COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

2002 Bonding Discussion and City Debt Information

Mayor Larisa says the Council will need to go with at least another $3 million in 2002 to continue the road program. He says there are other issues as well, such as wastewater, sewer, the Riverside library, a potential multi-purpose center, etc. He says these projects don't include the School Department, who will be asking for a great deal as well. He asks Mr. McDonald to get the latest information on where the city stands among the 39 cities and towns in bonded indebtedness. He also mentions getting information on the amount of bonded indebtedness per resident in the City, and the amount of debt per dollar income of the residents.

He also says he would like a memo from the Library Board assuring the Council that the State will pick up half of the tab ($750,000). He said he would also like confirmation if Champlin Foundation will pay $300,000 - $400,000 on the balance.

Mr. Rogers asks if the street repaving program can be continued next summer, rather than waiting until the following year. Mayor Larisa asks Mr. McDonald to get the rules from Bond Counsel on how the money is spent and using the bond money to pay for the projects that occurred in months before. He says the proposition is this: the Council would like to spend up to a million dollars next summer. If the Council goes for a $3 million dollar bond issue next November, is there any way under the Arbitrage rules that the Council can spend the money, have it budgeted and use the proceeds for that, if approved, to pay for the million dollars that happened in June after the November 7^th bond issue approval . Mr. Rogers states that he wants to revisit the Special Election issue if the bond approval is not possible. Mayor Larisa asks Mr. Conley to research if a bond issue can be done in a special election.

RESOLUTIONS

COMMUNICATIONS

1. John Conley addresses the Council regarding the Riverside Library. John Vincent introduces petitions signed by more than 1200 residents of the City in support of the Library being built on the land on Knowlton Street and Bullocks Point Avenue. He says this area has the largest percentage of children in the entire City. He goes on to discuss the possible sources of funding, especially the Champlin Foundation.

Mr. Lemont shows a preliminary sketch of the proposed building. He says the cost is approximately $1.2 million and money would have to be raised along with going to the Bond Market.

Mayor Larisa says the Council needs a commitment from the Federal government and from the Champlin Foundation. He tells Mr. Lemont that a memo is needed on how the 50 percent state reimbursement works in order for the Council to know whether potential Federal money and Champlin money can be used to start the project right away, or whether 100 percent has to be bonded in order to get 50 percent of it back. He goes on to say that this is a CDBG area, and perhaps block grant money might be available for this project. He asks for the next Council meeting a comprehensive memo on the issues he raised.

Mr. Conley asks Mr. Midgley to make a commitment tonight. Mr. Midgley responds by saying that he thought he had a commitment from the Council. He says he asked the City Solicitor for a Resolution and Mr. Conley responded by saying the total dollar amount is needed for the resolution. Mr. Midgley asks if a resolution can be done without the dollar amount, and Mr. Conley states that the dollar amount is needed.

Mr. Midgley asks for a commitment from the Council for the library to go on the property located Knowlton Street and Bullocks Point Avenue. Mayor Larisa states that the Council is committed but the source of funding needs to be determined before the project can be given final approval.

2. Representative Robert Sullivan addresses the Council regarding the victims of the recent fire at Bullocks Point Village. He states that a dinner will be held on April 14 at the American Legion Post 10 on Willett Avenue and tickets will be available in the office of the City Clerk and at the American Legion.

There being no further business, the meeting adjourns at 11:00 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk Approved: April 3, 2001