CONSENT CALENDAR

1.         Approval of Council Journals

Regular Meeting - January 9, 2002

Closed Session - January 9, 2002 - Council Appointees Job Performance Review

Regular Meeting - January 15, 2002

2.         Town of Hopkinton - Resolution opposing the expansion of numbers of Video Lottery Terminals in Rhode Island

3.         Coastal Resources Mgmt. Council - FINDING OF NO SIGNIFICANT IMPACT

File No. 01-12-14 - Construct a dormer, roof, replace windows and install vinyl siding - Map 312, Block 33, Parcel 2, 41 Bluff St. (Stuart Scipione)

4.         Coastal Resources Mgmt. Council - FINDING OF NO SIGNIFICANT IMPACT

File No. 02-01-09 - Enclose underside of deck located at 145 Terrace Ave. Plat 414, Lot 16-3 - (Christopher Gasbarro, 1 Progress St., Seekonk, MA)

5.         Coastal Resources Mgmt. Council - RESIDENTIAL ASSENT File No. 01-12-34

Construct 24' x 40' residential dwelling to be served by municipal water and sewer service, associated sitework; located at Map 412, Bl 33, Lot 9.1; 121 Sherman Street (Gianlorenzo & Sons Construction - 25 Tripps Lane)

6.         City of Woonsocket - Resolution petitioning the General Assembly of the State of R.I. to enact legislation amending RIGL 45-14-1

7.         Alcoholic Beverage License - Class F - February 9, 2002

Sacred Heart School PTO - 80 Purchase Street

8.         Alcoholic Beverage License - Class F - February 23, 2002

Sacred Heart Church - 188 Taunton Avenue

9.         Alcoholic Beverage License - Class F-1 - April 26, 27, 2002

St. Mary's Academy - Bay View - 3070 Pawtucket Avenue

10.       Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:

Year    Amount

2001    $2,029.64

2000    429.99

Total   2,459.63

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve the Consent Calendar. It is noted for the record that Mr. Rogers is absent for the vote.

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the minutes of the January 9, 2002 Closed Session and keep them closed. It is noted for the record that Mr. Rogers is absent for the vote.

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Holiday Display Awards for 2001

Councilman Peter F. Midgley presents the 2001 Holiday Display Awards for Ward 4:

Best Commercial -     East Bay Manor, 1440 Wampanoag Trail

Most Creative -         Jose Silva and Sandy Vieira, 62 Colony Road

Most Inspirational-    John and Anna Maria Silveira, 9 Meadowcrest Drive-

Most Electrifying -    Mr. & Mrs. David Vaz, 110 Stanton Avenue

Most Traditional -     William and Shelly Gardiner, 24 Carousel Drive

Councilman Rolland R. Grant, assisted by Committee Members Patrick Cronan and Jeanne Oliver, presents the 2001 Holiday Display Awards for Ward 3:

Best Commercial -     Orchard View Manor, 135 Tripps Lane

Most Creative -         Dennis and Nancy Carrier, 20 Adams Avenue

Most Inspirational -   John and Philomena Botelho, 74 Plymouth Road

Edward and Jean Silvia, 65 Manning Drive

Most Traditional -     Richard and Donna McMahon, 233 Norton Street

Brian and Anella Lynch, 48 Madeline Drive

David and Susan Brown, 15 Bond Road

Stephen and Elise DaCunha, 106 Brookhaven Drive

Councilman Norman J. Miranda presents the 2001 Holiday Display Awards for Ward 2:

Best Commercial -     Gilmore Florist, 76 Taunton Ave.

Most Creative -         Antonio and Teresa Neves, 147 Grove Avenue

Anthony and Gail Marcotrigiano, 3 Hillside Ave.

Antonio and Eulalia Cabral, 39 Baker St.

Most Inspirational -   Antonio and Maria Escobar, 162 Grosvenor Ave.

Frank and Mary Pimental, 117 Bentley Street

Most Traditional -     Maria Mestre, 141 No. County St.

Kathleen Sandoval, 66 Bentley Street

Francisco and Lucy Pratas, 63 Sidney Street

Most Electrifying -     Manuel Martins, 95 No. Carpenter St.

Adelino and Maria Rosa, 15 Purchase Street

Beverly Ferreira, 44 Brightridge Avenue

Louisa Jardim, 144 Grove Avenue

Mayor Joseph S. Larisa, Jr., assisted by committee members Brady Conley and Jeffrey Tilley, presents the At-Large 2001 Holiday Display Awards:

Best Commercial -     Solmar Restaurant, 497 Warren Avenue

Best Civic Organization Display - Holy Ghost Brotherhood Mariense, 846 Broadway

Most Holiday Spirit - Robert Gaudette, 1 McCausland Street

Most Traditional -     Joseph and Jeanette Amaral, 943 Broadway

Claire G. McGroarty, 126 Roger Williams Avenue

Frank and Linda Gustafson, 42 Pleasant Street

Most Festive -            John E. Rebello III, 370 Pleasant Street

Most Diverse -           Wayne and Maria Gonsalves, 28 Rosanna Avenue

Most Scenic Display Paula M. Archambault, 63 Read Street

In the absence of Mr. Rogers, Mayor Larisa presents the Ward 1 awards:

Michael and Susan Hogan, 48 Holbrook Avenue

Warren and Mary Mc Goldrick, 28 Ellis Street

David and Patricia Archard, 41 Adele Avenue

Mary Jane Chase, 201 Wilson Avenue

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

(Advertised E.P. Post - January 17 - 24, 2002)

Alcoholic Beverage - Class B-Ltd – Transfer

From Pim Corp., dba Siam Square Restaurant

To Ban Chiang Inc., dba Siam Square Restaurant - 1050 Willett Avenue, Riverside

Angkanaluck Kumwiang, P.O. Box 78 Barrington, RI 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 Chief of Police, Building Inspector, and Health Inspector. It is noted for the record that Mr. Rogers is absent for the vote.

Victualing - Not Over 50 – Transfer

From Pim Corp., dba Siam Square Restaurant

To Ban Chiang Inc., dba Siam Square Restaurant - 1050 Willett Avenue, Riverside, R.I.

On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector. It is noted for the record that Mr. Rogers is absent for the vote.

LICENSES NOT REQUIRING PUBLIC HEARING

Victualing - Not over 25

Shaw's Supermarkets, Inc., dba Discount Place/Pharmacy - 1925 Pawtucket Avenue

Stephen McCarthy, 1725 Post Road Drive, No. Adams, Massachusetts is present and sworn.

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector. It is noted for the record that Mr. Rogers is absent for the vote.

Sunday/Holiday Sales

Shaw's Supermarkets, Inc., dba Discount Place/Pharmacy - 1925 Pawtucket Avenue

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector. It is noted for the record that Mr. Rogers is absent for the vote

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

Comprehensive Plan Update - Veteran's Memorial Parkway and Corridor Specific Plan"

Planner Diane Feather reviews the plan with the Council.

David Brown, 15 Bond Road, East Providence, Rhode Island is present and sworn. He speaks of his concerns of people who use the Bike Path parking their cars on the grass along the road, and asks that consideration be given to provide additional parking areas.

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

ORDINANCES - FINAL PASSAGE (Given first passage January 15, 2002)

Advertised - Providence Journal - January 18, 2002

This amendment updates the Harbor Management ordinance to be consistent with current management of the coastal waters in East Providence as well as clarify sections regarding duties of the harbormaster, permit applications, and the layout of the mooring fields.

AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PUBLIC PLACES"., which amends SECTION I. The definition of Qualified inspector in Sec. 13-77 entitled "Definitions." of Division 1 entitled " Generally" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows"

Qualified inspector means any person or business approved as an inspector of tackle by the Harbor Management Commission.

SECTION II. Sec. 13-78 entitled "Exhibits" of Division 1 entitled "Generally" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

The following exhibits on file in the office of the city clerk, are to be updated annually by the harbormaster and are hereby declared to be a part of this article:

EXHIBIT 1. Mooring application.

EXHIBIT 2. Mooring tackle.

EXHIBIT 3. Notice of violation.

EXHIBIT 4. Violation warning.

EXHIBIT 5. Factors influencing layout of mooring grids.

EXHIBIT 6. Warning sticker.

EXHIBIT 7. Guidelines for establishing mooring grids..

EXHIBIT 8. Sequential list of permits for each mooring field A through G.

EXHIBIT 9. New Mooring Application List (NMAL)

EXHIBIT 10. Mooring Location Change List (MLCL)

EXHIBIT 11. Grids and charts.

EXHIBIT 12. List of certified mooring inspectors.

EXHIBIT 13. List of rights-of-way to the water.

SECTION III. Sec. 13-82 entitled "Composition and appointments; powers and duties; membership." of Division 2 entitled " Harbor Management Commission" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled " Public Places is amended to read as follows:

The harbor management commission shall be maintained as an advisory body to the city council and will be responsible for the regulatory review of all coastal activities mandated within the city's harbor management ordinance and plan. The commission is responsible for the development of additional policies, rules and regulations for the implementation of the harbor management plan and the subsequent ordinances subject to the approval of the city council and the coastal resources management council.

(1) Composition. The harbor management commission shall consist of seven members, with representation from each of the following groups: Recreational boating community; commercial fishing industry; marina and boatyard operators; environmental groups; public access interests; inland representation; and one citizen at large.

(2) Appointments. Members shall be appointed by the city council for terms consisting of two years.

(3) Vacancies. Vacancies shall be filled as necessary and in accordance with the initial appointment.

(4) Officers. A chair, vice-chair, secretary, and treasurer shall be elected by the members of the commission. Meetings shall be called by the chair or at the request of at least three members of the commission. The secretary shall keep minutes of all meetings and file such minutes with the city clerk. The commission shall meet monthly and all meetings shall conform to open meeting laws.

(5) Powers and duties. The harbor management commission shall be maintained as an advisory body to the city council and will be responsible for the regulatory review of all coastal activities mandated within the city's harbor management ordinance and plan. The harbor management commission shall adopt rules of procedure and operation for its meetings and is authorized to:

a. Recommend to the city council the adoption of rules, regulations, fees, penalties, and other amendments to the harbor management plan and its subsequent ordinances which may be necessary to fulfill the goals and objectives of the harbor management plan and meet the requirements of its ordinance.

b. Create additional authorities and duties for the harbormaster, as detailed in this article, with the approval of the city manager.

c. Assist in the preparation of an annual harbor master's operational budget in accordance with the provisions of the city to expend monies in the harbor management fund. (Ref. Sec. 13-80)

d. Act as a board of appeals, to hear any person aggrieved by any decision of the harbormaster in the enforcement and implementation of this chapter. Appeal decisions rendered by the commission shall be subject to the approval of the city manager.

e. Review and revise as necessary the harbor management plan and its subsequent ordinances for city council and coastal resources management council approval. The harbor management plan and its ordinances shall be reviewed and revised at least once every five years.

(6) Ex officio members.

a. The harbormaster shall be a nonvoting, ex officio member of the harbor management commission.

b. To enable the harbor management commission to coordinate issues of mutual concern between adjacent coastal municipalities, there may be one nonvoting, ex officio member who is either on the harbor management commissions or who is a resident of Barrington, Providence and Pawtucket.

SECTION IV. Sec. 13-83 entitled "Appointments; duties and responsibilities of Division 3 entitled "Harbormaster" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled "Public Places" is amended to read as follows:

There shall be a harbormaster for the city. The harbormaster will be appointed by the city council at the recommendation of the harbor management commission. In accordance with section 13-8 of the Charter the harbormaster shall devote sufficient time to the position of harbormaster as shall be required to perform the duties of the harbormaster as provided for in this section. The harbormaster shall report to the city manager and have the following duties:

(1) Be responsible for the administration and enforcement of the provisions of the harbor management plan and its ordinances.

(2) Process applications for the issuance of mooring permits and assign proper placements of moorings in accordance with this chapter.

(3) Keep proper records of all mooring application information, including the locations of moorings, mooring ownership and occupancy, type of vessel on mooring, etc. These records (Exhibit 8) shall be updated annually and on file for public review at the city clerk's office.

(4) Prepare, keep current, and make available a waiting list for mooring permits in accordance with the provisions of this chapter if the demand for available mooring permits is greater than the number of available mooring locations in any given year. The waiting list shall be available for public review at the city clerk's office.

(5) Inspect mooring tackle in accordance with the provisions of this chapter.

(6) Assist in the preparation of grant applications as they pertain to waterways and harbors within the city with the approval of the harbor management commission.

(7) Assist the harbor management commission in recommending rules and regulations for approval by the city council.

(8) Recommend two candidates for the position of assistant harbormaster. Candidates for assistant will be appointed by and serve at the pleasure of the city council.

(9) Coordinate, maintain, and repair of the patrol boat and other departmental equipment.

(10) Prepare, in cooperation with the Harbor Management Commission, an operational budget subject to the approval of the city council.

(11) Interface with city departments, committees, and commissions as necessary relating to harbors and waterways under the jurisdiction of the harbormaster.

(12) Set schedules for the harbormaster and assistant harbormasters with respect to patrolling the waterways and administrative duties.

(13) Attain and read regularly, the "Local Notice to Mariners Bulletin" published by the US Coast Guard and ensure that these are read by the assistant harbormasters.

(14) With the harbor management commission conduct two public hearings per year for the purpose of soliciting public comments regarding all elements of the harbor plan. The dates and times for such hearings are to be determined by the harbormaster and harbor management commission.

(15) Act as a liaison with other harbormasters in an effort to modify and improve the existing harbor plan.

(16) Carry out all other powers and duties authorized to the harbormaster under various state and federal marine laws, including, but not limited to, Marine Sanitation Device (MSD) inspection and discharge responsibilities afforded through the U.S. Coast Guard, MARPOL ANNEX V, Section 312 of the Clean Water Act, G.L. 1956, § 46-22-1 et seq.

(17) Attend annual First Aid and CPR training classes, attend one US Coast Guard Boating Safety Course, and attend specific harbormaster and harbor management training courses as designated by the Harbor Management Commission. The assistant harbormasters are also required to attend these classes and courses. Attending such classes and courses shall be at least prerequisite to appointment or reappointment as a harbormaster or assistant harbormaster.

SECTION V. Sec. 13-86 entitled "Vessel speed." of Division 4 entitled "Harbor Regulations" of Division 4 entitled "Harbor Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

The operation of any vessel within the coastal waters and harbor areas of the city shall proceed in a manner which protects all persons and property from damage from waves, wake, and operation. Operators of vessels within the coastal waters and harbor areas of the city shall comply with state regulations on vessel speeds and wake (G.L. 1956, § 46-22-9). A maximum speed for vessels is five miles per hour and no wake within the marked channel with the following boundaries; north of entrance to Bullocks Cove Red Nun #2 and north of Buoy #2 in the Seekonk River to the Pawtucket boundary line. Speed limits also pertain to federal navigation channels. Vessel speed in mooring fields is five miles per hour maximum.

SECTION VI. Sec. 13-92 entitled "Boat Sewage waste." of Division 4 entitled "Harbor Regulations" of Division 4 entitled " Harbor Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

The disposal of boat sewage wastes by any means into the coastal waters of the city is prohibited.

Section VII. Sec. 13-99 entitled "Rights-of-way to the water." of Division 4 entitled "Harbor Regulations" of Division 4 entitled "Harbor Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

(a) No person shall block, barricade or in any way impede the public use of or access to designated public rights-of-way to the water as defined by the coastal resources management council or the city. See Sec. 13-78, Exhibit 13.

(b) No person shall store a vessel, vehicle or structure on a designated public right-of-way to the water as defined by the coastal resources management council or the city.

(c) Any person in violation of this section shall be subject to a fine in accordance with subsection 13-142(a). See list of rights-of-way, section 13-78, Exhibit 13.

Section VIII. Subsection (a) of Sec. 13-100 entitled " Transient anchoring and anchorages." of Division 4 entitled " Harbor Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

(a) Generally. A vessel may anchor on its own anchor in the coastal waters and harbor areas of the city except in federal navigation channels, navigation fairways, mooring fields, swimming areas, rights-of-way ingress and egress areas, and launching ramp areas, for a period not to exceed 24 hours, or at the discretion of the harbormaster. Written consent from the harbormaster is required for extended visits of more than 24 hours. No vessel anchored under such conditions shall be left unattended. Owners and/or operators of such vessels may go ashore, but must be available to tend the vessel in the event of heavy weather. It shall be the vessel owner's and/or operator's responsibility to remain clear of all moored vessels, and other structures.

Section IX. Sec. 13-116 entitled " Permitting." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

(a) Generally. No mooring shall be located in the coastal waters and harbor areas of the city until a permit has been issued for the use of such mooring by the harbormaster. No mooring shall be located nor shall be maintained unless the mooring owner has received a valid mooring permit issued by the harbormaster for the mooring and that the mooring conforms to the specifications and standards set forth in this chapter and in such permit.

(b) Request for a new mooring permit. To be eligible for a new mooring permit, an applicant must own a boat for which a mooring permit is being sought. All requests for new mooring permits shall be submitted to the city clerk on the application forms available at the city clerk's office. An application shall be accompanied by the appropriate fee and shall be received by the city clerk in the city hall. The city clerk will forward a copy of all applications for new mooring requests to the harbormaster. A complete and accurate mooring permit application must be provided before the harbormaster can act to approve or deny such application. The harbormaster shall determine if a new mooring permit can be issued only after all the pertinent provisions of the harbor management plan and this chapter are met (Ref. Sec. 13-116(g)). If the harbormaster issues a mooring permit, the mooring owner for which such permit has been issued must locate the mooring at the direction of the harbormaster, assistant harbormaster or designees in accordance with the harbor management plan and this article.

(c) Permit renewals. Renewal forms will be mailed by the harbormaster each year to those persons who held valid mooring permits at the end of the previous calendar year by January 15 and returned to the city hall by March 31. Permit renewals that include a change in the vessel size or draft may cause the renewal to be considered under Sec. 13-116 (d) of this article, Relocation of existing permitted moorings. Nonrespondents shall be sent a registered letter on or about April 1, giving the permit holder until April 15 to renew. Failure to respond by April 15 may result in the loss of the permitted space. It shall be the responsibility of the mooring permit holder to notify the harbormaster of any change in address. The harbormaster shall approve or reject mooring permit applications by April 15.

(d) Relocation of existing permitted mooring. All requests for relocation of existing permitted moorings must be submitted to the city clerk in city hall. The city clerk will time/date stamp the request and forward a copy to the harbormaster. Information for such a request must meet the requirements listed for a mooring permit application, as well as show proof of a valid mooring permit issued for the previous year. The reasons for a mooring relocation must also accompany the request. Based upon availability of space, the requirements of this chapter, and the type and size characteristics of vessel, action will be taken on the request. Any incomplete request shall be returned to the applicant and no action will be taken on the request. Relocation of a mooring is at the sole expense of the mooring permit holder.

(e) Failure to renew an existing valid mooring permit. Failure to renew an existing valid mooring permit in accordance with the provisions of this chapter by April 15 of any given year may result in the permitted owner's abandonment of all his privileges and interests in the previously permitted mooring space. The harbormaster may remove the now abandoned mooring at the permitted owner's expense. Such expense may in turn be recovered by the city, in accordance with the provisions of this article.

(f) Forfeiture of mooring space. Any owner of a mooring located in the coastal waters and harbor areas of the city shall be deemed to have forfeited his mooring space by reason of the following:

(1) Failure to comply with any of the requirements of this article.

(2) Removal of mooring and mooring tackle by mooring owner and notification to the harbormaster and/or harbor management commission that the mooring has been removed.

(3) Failure to respond to the harbormaster's and/or harbor management commission's notice that the mooring does not comply with the mooring tackle standards set forth in this article, or that the mooring has been displaced or moved from its permitted location.

(4) Failure to resurface or replace mooring within 15 days after being advised by the harbormaster that the mooring is down.

(5) Knowingly providing false information to the harbormaster in the mooring permit application process.

(g) Available spaces. Each year, the harbor management commission shall determine the number of mooring spaces available for mooring placement within each designated Field A-G. This determination shall be based on an assessment of the density of moored vessels in each field in order to ensure safe and proper clearance. This number may be less than the number of currently permitted spaces within a designated mooring field although no valid renewal permit application shall be denied. Available mooring spaces shall be made available to those persons whose names appear on the waiting list.

(h) Waiting lists. The harbormaster shall maintain two waiting lists (Ref. Sec. 13-79, Exhibits 9 and 10); one list for new mooring applications (NMAL) and one list for requests for mooring location changes (MLCL) for all applications for mooring permit requests when no mooring space is available within the coastal waters and harbor areas of the city. Placement of applications on such waiting lists will be recorded from complete mooring permit applications as they are received at the city clerk's office. The harbormaster shall update the waiting lists at least twice a year and make the waiting lists available for public review at the city clerk's office. When a mooring location becomes available, the harbormaster shall assign the space on a seniority basis to persons on the new mooring applications or requests for mooring location changes. Persons on the MLCL shall take priority over persons on the NMAL. The harbormaster shall offer newly available mooring locations to the first person on the MLCL with a suitable boat. Should this person decline the spot, the person next in seniority with a suitable boat shall be offered the spot. This process will continue until all of the appropriate persons on the MLCL have had the opportunity to move up to the available spot. Persons declining a spot from either list shall maintain their relative position on the list. Persons who accept a new spot shall be removed from the list.

(i) Processing of applications. All new permit applications and requests for mooring changes shall be sent directly to the city clerk's office, time and date stamped. A copy of the request will be forwarded to the harbormaster for further processing and the original application shall remain on file at the city clerk's office. The harbormaster shall not be able to consider any applications that have not been first processed by the city clerk's office.

(j) Occupancy of mooring.

(1) No vessel shall occupy a mooring other than the one for which it has been permitted. The harbormaster shall have the authority to move any vessel violating the provisions of this section, with such movement at the expense and risk of the vessel owner.

(2) If a mooring should remain unoccupied by its permit holder for a period of one season, the harbormaster shall inquire in writing as to the permit holder's future intentions. If the permit holder does not intend to place a boat on the mooring, the harbormaster may choose not to renew the permit holder's permit. The permit holder shall have the right to appeal such a decision to the harbor management commission as stipulated in subsection 13-82(5).

(3) The harbormaster may permit the temporary use of a mooring by another vessel after receiving written consent by the permitted mooring owner.

Section X. Sec. 13-117 entitled "Mooring permit application requirements." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

The following requirements are set for applications for private mooring permits: (Ref. 13-78, Exhibit 1)

(1) Name, address and telephone (home and office) of owner;

(2) Vessel name, make, model, color, length (ft.), draft (ft.), and registration number;

(3) Whether vessel has changed in status since the last permit was issued.

(4) Mooring classification (type), actual mooring weight;

(5) Appropriate registration fee;

(6) Area where applicant would like to locate mooring, prioritized. See section 13-78, Exhibit 1.

Section XI. Sec. 13-119 entitled "Mooring records." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

The harbormaster shall keep a detailed record of all moorings, their location, along with the owner's name, home (and business, if applicable) address, telephone number, and mooring permit number. These records shall be updated and made available to the harbor management commission.

Section XII. Sec. 13-122 entitled "Mooring fields." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

(a) Permit required. No mooring shall be located or placed within the coastal waters and harbor areas of the city without a valid mooring permit issued by the harbormaster and without having the mooring inspected as detailed in this article and approved by the harbormaster. The harbormaster must direct the placement of the mooring.

(b) Mooring within boundaries. No vessel so moored or anchored shall extend beyond the designated mooring field boundaries, as detailed in this article without written permission from the harbormaster (Example: Riparian mooring).

(c) Mooring field designations. Certain waters of the city shall be designated as mooring fields. Those waters designated as mooring fields in this article are authorized for the placements of permitted moorings as detailed within this article. They are located in accordance with all policies of the city's harbor management plan, the policies and requirements of the coastal resources management council's guidelines for the development of municipal harbor management plans, and the coastal resources management council's management procedures for sighting mooring fields. Any revisions to the size, and/or location of these mooring field designations shall require city council approval. Once city council approval is obtained, approval for the revisions from the coastal resources management council shall also be obtained. Once approval has been obtained from the CRMC, the revisions may take place. The following mooring field designations A-1 through G are drawn on chart A, section 13-78, Exhibit 11:

Mooring Field A-1: A body of water beginning 100 ft. west of Dock A at Cove Haven Marina proceeding west for 200 ft., turning northeast for a distance of 1,900 ft., then turning easterly for 100 ft., then turning southerly for 960 ft. then turning westerly for a distance of 75 ft., then turning southwest for a distance of 970 ft..

Mooring Field A-2: A body of water beginning 100 ft. northwest of Dock A at Cove Haven Marina proceeding northeasterly for 175 ft., then turning southeasterly for a distance of 125 ft., then turning southwesterly for 165 ft., then turning westerly for 85 ft..

Mooring Field B: A body of water beginning approximately 100 ft. north of the northern tip of Bullock Cove Jetty (Point A) to the western edge of Bullock Cove Channel following the edge for approximately 1,800 ft., then turning southwest for approximately 750 ft. then proceeding south for approximately 1,000 ft. then proceeding west to Point A. This mooring field will have a 25-foot minimum navigation fairway and be a minimum of 75 ft. from Bullock Cove Marine Docks.

Mooring Field C: A body of water beginning from an imaginary line 100 ft. west from the southwest tip of Narragansett Terrace, Bullock Point (Point A), running northward for approximately 1,500 ft. then turning west for approximately 300 ft. then turning south 1,500 ft. then turning east 300 ft. to intersect with Point A.

Mooring Field D: A body of water beginning 150 ft. from shore, west of the west end of Beach Road, Point A, running west for approximately 300 ft. then turning south for approximately 1,500 ft. then turning east for approximately 300 ft. then turning north for approximately 1,500 ft. to Point A. Also a body of water beginning at Point A running 500 ft. north then turning west approximately 300 ft. then turning south 500 ft. then turning east approximately 300 ft. to Point A.

Mooring Field E: A body of water beginning approximately 100 ft. southeast of the southeastern tip of the southern dock at Sabins point (Point A): Running easterly for approximately 500 ft. then turning in a southeasterly direction for approximately 400 ft. then turning west for approximately 700 ft. then turning north for approximately 300 ft. to intersect with Point A.

Mooring Field F: A body of water beginning 75 ft. northwest of the northwest tip of the boat ramp at Sabins point (Point A) running north for approximately 1,500 ft. staying approximately 100 ft. from shore then turning west for approximately 300 ft. then turning south for approximately 1,500 ft. then turning east for approximately 300 ft. to intersect with Point A.

Mooring Field G: A body of water beginning approximately 75 ft. from the shoreline at the center of the easternmost Pomham Rock, Point A, running east for approximately 150 ft. then turning north for approximately 700 ft. staying approximately 75 ft. from shore then turning west for approximately 150 ft. then turning south approximately 700 ft. to Point A.

(d) All designated mooring fields sited within the coastal waters and harbor areas of the city shall be set back a minimum distance of:

(1) One hundred ft. from the mean high water mark of the shore to accommodate the placement of moorings associated with residential waterfront property owners; and

(2) Twenty-five ft. from the center of all federal navigation channels, navigation fairways, rights-of-way fairways, and 50 ft. from all shellfish management areas, and shoreside structures such as, but not limited to, docks and piers.

Section XIII. Sec. 13-123 entitled "Mooring tackle specifications." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

Moorings and mooring tackle shall meet the following minimum standards:

At the time of inspection, or whenever this tackle is raised for any reason, it must be checked and made to conform with these specifications.

¹Boats lengths are rounded to the nearest foot.

See section 13-78, Exhibit 2.

(1) The maximum length of the pennant should be 2 ½ times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post.

(2) All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe guards.

(3) Lengths of tackle are specified on a per mooring basis as illustrated in Sec. 13-78, Exhibit 2. The total length of chain shall be 2.5 times the high water depth. The lower and upper chains shall be 1.25 times the high water depth.

(4) All shackles, swivels, and other hardware used in the mooring hookup should be proportional in size to the chain used. See mooring standards.

(5) Cast iron must be a minimum of 1.75 times mushroom weight. Concrete must be two times mushroom weight.

Section XIV. Subsection (f) of Sec. 13-124 entitled "Inspections." of Division 5 entitled " Mooring Regulations" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

(f) The Harbor Management Commission shall keep a list of all qualified inspectors and shall make this list available to holders of mooring permits and provide a copy of this list to the city clerk's office (Ref. Sec. 13-78, Exhibit 12).

Section XV. Sec. 13-141 entitled "Fees." of Division 6 entitled " Fees and Penalties" of Article II. entitled "Coastal Waters and Harbor Areas" of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled " Public Places" is amended to read as follows:

All applications for mooring permits shall be accompanied by the appropriate fee. All such fees are nonrefundable. These fees shall be set annually by the harbor management commission and shall be approved as part of the harbormaster's budget submitted to the city council. At no time shall the fee collected from a mooring permit applicant be different for residents and nonresidents and such fee shall not be less than the following:

Mooring permit             $50.00

(Requested by: Councilman Midgley and Harbor Management Commission)

Mr. Midgley asks for some amendments to the ordinance.

On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to dispense with the reading of the ordinance.

NEW BUSINESS

CITY MANAGER

1. Amaral Street Sanitary Sewer Improvements - Requesting pre-qualification approval for contractors

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve the four recommended companies for pre-qualification.

2. Requesting City Council approval to award contract for Lease/Purchase Financing for Street Sweepers

Mr. Lemont requests Council approval to award the contract to Sun Trust Leasing Corporation in the total amount of $227,560.80.

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

3. Request for Executive Session re: Land Acquisition

On motion of Mr. Miranda, seconded by Mr. Grant, it is voted 4-1 to move to the end of the docket. Mr. Midgley is recorded as voting "Nay."

4. City Manager's Report

• Mr. Lemont reports that it is expected that the new Fire Station will be ready for occupancy on June 1st for the Fire portion, and July 1st for occupancy of the Dispatch Center. He said the Police Station will be reconfigured after the dispatch center is relocated.

• March 1st is the target date for the move of the Municipal Court from City Hall to the old Country Day site.

• The framework is up at the Engustian Garage complex.

• The Police Chief will have the report on the School Resource Officers program ready for the next meeting.

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to accept the report.

b. REPORTS OF OTHER CITY OFFICIALS

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

Claims and Litigation Committee Report

• John Marshall, Claim No. 01-103                     Approved

• Keith Finnerty, Claim No. 01-102                    Approved

• Marc Abbott, Claim No. 02-01                        Approved

• Jeffrey Perrira, Claim No. 02-02                       Referred to Law Dept.

• Manuel Santos, Claim No. 02-03                     Referred to Law Dept.

• Robert Florin, Claim No. 02-05                        Denied

• Benjamin Hadsell, Jr., Claim No. 01-57            Referred to Law Dept.

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to accept as presented.

c. COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

Council Appointees Job Performance - Continued from January 9, 2002)

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to move to the end of the docket.

Mayor Larisa - Unanimous Consent

Mayor Larisa announces that he will delivering the State of the City Address at the next Council meeting, February 19, 2002.

Mayor Larisa announces that the Annual Legislative Breakfast will be held next Monday, February 11, 2002.

(By Councilman Rolland R. Grant)

1. Redistricting Ward Boundaries

Mr. Grant speaks about hiring a consultant. Mr. Conley gives an update on the status of the redistricting. Sheila Stringfellow states that the bid for the redistricting consultant will be awarded on February 15th.

Discussion is held on the change of date for the Primary, changing it from June to September. It is mentioned that the last time redistricting was done, the primary was changed to September. A Resolution will be drafted for the next Council meeting.

Mr. Rogers suggests making a permanent change to a September primary. Mayor Larisa states that he does not agree with that because East Providence is non-partisan.

2. Alternative Route for Pawtucket Avenue through Mobil property between the hours of 7:30 - 8:30 A.M.

Mr. Grant states that after talking with the City Manager and others, he realizes that going through the Mobil property is not the answer. He states that Wampanoag Trail has caused the problem with the Pawtucket Avenue traffic, and requests a study of the Pawtucket Avenue situation be conducted. Mr. Grant says that he was told that there may be State money to do the traffic study.

On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted to support a Traffic Study of Pawtucket Avenue traffic.

RESOLUTIONS

RESOLUTION IN SUPPORT OF CERTAIN PROJECTS FOR FUNDING THROUGH THE RI DEPARTMENT OF TRANSPORTATION ENHANCEMENT PROGRAM

WHEREAS, funds are available for transportation enhancement projects under the Rhode Island Transportation Enhancement Program administered by the Rhode Island Department of Transportation from funding provided by the Federal Transportation Equity Act for the 21st Century (TEA-21).

WHEREAS, it is in the interest of the citizens of the City of East Providence that applications be made to enhance the transportation infrastructure and to improve pedestrian and motorist safety and convenience while utilizing the intermodal transportation system within the City;

WHEREAS, a number of interest groups and City Departments have expressed a desire to submit applications for enhancement projects to the Rhode Island Department of Transportation;

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence fully endorses the following project application requests and authorizes that they be initiated by the appropriate authorities as submitted to the Rhode Island Department of Transportation in a timely and efficient manner:

#1 Priority

Warren Avenue/Broadway Corridor Revitalization Project

#2 Priority

Taunton Avenue Gateway and Corridor Enhancements

#3 Priority

Veterans Memorial Parkway and Corridor Enhancements

INTRODUCTION OF ORDINANCES

(If given first passage, can be referred to the next regular Council meeting to be held on February 19, 2002 for a public hearing and consideration of final passage)

APPOINTMENTS

(By Mayor Joseph S. Larisa, Jr.)

Economic Development Commission

Douglas Anderson 50 Bridgham Farm Rd. (02916)

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve.

Carousel Park Commission

Anthony Bochichio 96 Pinecrest Drive (02915)

Kathleen LaChance 199 Ivy Street (02914)

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.

(By Councilman Norman J. Miranda)

Planning Board - Alternate

(R) Octavio Cunha 154 Walnut Street (02914)

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.

Carousel Park Commission

(R) Carol Medeiros 24 Humphrey Street (02914)

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.

(By Councilman Peter F. Midgley)

Beautification Committee

Kathleen Santos 4 Thurston Street, Riverside (02915)

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve.

Conservation Commission

Owen Devine 67 Palmer Avenue, Riverside (02915)

On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve.

On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the "Exceptions" of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)1)[Job Performance]. The motion passes unanimously on a roll call vote.

Motion is made by Mr. Rogers, seconded by Mr. Miranda to go into Executive Session in accordance with Section 42-46-5 of the "Exceptions" of Chapter 46 of the General Laws, pursuant to Section 42-46-5-5 [Land Acquisition]. The motion passes unanimously on a roll call vote.

Discussion on the motion. Mr. Midgley states that he does not believe this issue should be done in Closed Session, and will not vote in favor of it. Roll call vote follows:

Mr. Grant                     Nay

Mr. Midgley                 Nay

Mr. Miranda                 Aye

Mr. Rogers                   Aye

Mayor Larisa                Aye

Motion passes 3-2.

The meeting goes into Executive Session at 9:25 p.m.

The open meeting resumes at 10:20 p.m.

Mr. Conley reports the following:

The City Council met in Executive Session at 9:20 P.M. One item that was discussed was the job performance of the City Manager. After discussion, upon motion made by Councilman Miranda, seconded by Councilman Grant, it was unanimously voted that the City Manager receive a salary increase of 4% retroactive to November 1, 2001 and a $10,000 bonus to be used at the City Manager's discretion, for example as a contribution to his pension.

The meeting adjourns at 10:21 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk Approved: February 19, 2002