CONSENT CALENDAR

1.         Approval of Council Journals

Regular Meeting - February 5, 2002

Closed Session - February 5, 2002 - Land Acquisition and Employees Job Performance

2.         Alcoholic Beverage License - Class F - March 17, 2002

Our Lady of Loreto Church- 346 Waterman Avenue

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

On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to keep the minutes of the February 5, 2002 Executive Session closed.

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Mayor Larisa delivers his State of the City Address.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

1. Victualing/Not over 25

Lori & Richard Maratto, dba Riverside Creamery - 447 Willett Avenue

Lori Maratto, 40 Grace Ct., Seekonk, Massachusetts is present and sworn.

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

2. Employment Agency

Professional Legal Placement Inc., 850 Waterman Avenue

Mary L. Riley, 69 Court Street, Bristol, Rhode Island and Lisa Walsh, 11 Appian Way, East Providence, Rhode Island are present and sworn.

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

3. Victualing/Not over 25 - Transfer

From Stephen Maroto To Ricardo Graca, dba St. Peter's Fish Market - 82 Warren Avenue

Ricardo Graca, 30 Fairfield Avenue, East Providence, Rhode Island is present and sworn.

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

4. Sunday/Holiday Sales -Transfer

St. Peter's Fish Market 82 Warren Avenue

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

5. Victualing/Not Over 25

Mario Rodriquez, dba Big Apple Convenience Store - 85 Burgess Avenue

Mario Rodriguez, 98 Burgess Avenue, East Providence, RI is present and sworn.

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

6. Sunday/Holiday Sales

Mario Rodriquez, dba Big Apple Convenience Store - 85 Burgess Avenue

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

1. 2003-2004 Transportation Improvement Program (TIP) submissions

Planning Director Boyle reviews the program. She assures Mr. Miranda that the Taunton Avenue project is still in the works, and the bump will be fixed. Mayor Larisa mentions the road at the corner of Broadway and Greenwood Avenue, where the new Fire Station is being built, and Mr. Lemont says it will be part of the project.

There is no one from the public wishing to be heard.

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

2. ZONING MAP AMENDMENT

Advertised - Providence Journal - January 31, February 7, 14, 2002

Notices Sent by Certified Mail - January 29, 2002

REZONING - Converting a mixed C-3 and R-6 area to total comprehensive Block of C-3 zoning including restaurant, residences, businesses and parking.

PETITIONERS -         Albertino and Zita M. Milho and Henry Rose

Attorney - William C. Maaia, Esq.

Lot - Map 206, Block 25, Parcels 2,3,4

Location - 53 Oakley Street

272-302 Warren Avenue

Attorney William Maaia reviews the petition. Mr. Milho and the Architect are present.

The Council questions Mr. Maaia about the meetings with the Planning Board and the issues.

Councilman Rogers suggests giving parking relief rather than granting a zone change. The Council discusses their concern about a building being put up on the property in the future. Ms. Boyle informs the Council that they have the authority to restrict uses in that C-3 zone. Mayor Larisa asks Mr. Maaia if he will object to stipulations, and after conferring with Mr. Milho, says he will not.

After further discussion, a motion is made by Councilman Miranda, seconded by Councilman Rogers and Councilman Grant to approve the rezoning, subject to compliance of conditions of approval granted by the Development Planning Review Committee.

There is no one from the public wishing to be heard.

A roll call vote is taken on the motion, which passes unanimously.

The following ordinance changes parcels 2, 3, and 4, located on the westerly side of Oakley Street and the southerly side of South Sharon Street, from Residential -6 to Commercial -3.

ORDINANCES - FINAL PASSAGE

(Given first passage as amended February 5, 2002)

Advertised - Providence Journal - January 18, 2002

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

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." is amended to read as follows"

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

SECTION II. Sec. 13-78 entitled "Exhibits" 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 waiting lists for new and relocation 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 lists 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 to the City Manager. 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 lists.

(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 (feet), draft (feet), 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 feet west of Dock A at Cove Haven Marina proceeding west for 200 feet, turning northeast for a distance of 1,900 feet, then turning easterly for 100 feet, then turning southerly for 960 feet then turning westerly for a distance of 75 feet, then turning southwest for a distance of 970 feet.

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

Mooring Field B: A body of water beginning approximately 100 feet 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 feet, then turning southwest for approximately 750 feet then proceeding south for approximately 1,000 feet then proceeding west to Point A. This mooring field will have a 25-foot minimum navigation fairway and be a minimum of 75 feet from Bullock Cove Marine Docks.

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

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

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

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

Mooring Field G: A body of water beginning approximately 75 feet from the shoreline at the center of the easternmost Pomham Rock, Point A, running east for approximately 150 feet then turning north for approximately 700 feet staying approximately 75 feet from shore then turning west for approximately 150 feet then turning south approximately 700 feet 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 feet 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 feet from the center of all federal navigation channels, navigation fairways, rights-of-way fairways, and 50 feet 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:

MOORING 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)

There is no one from the public wishing to be heard.

NEW BUSINESS

CITY MANAGER

City Manager's Report - No Report

REPORTS OF OTHER CITY OFFICIALS

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

Claims and Litigation Committee Report

• Christopher Leddy, Claim No. 01-101 Approved
• Luis C. Neves, Claim No. 02--4 Denied
• Saccoccia's Construction & Landscaping, Claim No. 02-6 Referred to Law Dept.
• Evelyn Stills, Claim No. 02-7 Approved
• Vera Treglia, Claim No. 02-8 Denied
• Charles Travers, Claim No. 02-10 Approved
• Linda Rita, Claim No. 02-11 Denied
• Anthony Ballirano, Claim No. 02-12 Rec'd as Information/Rectified

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

COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

No Good Deed Goes Unpunished: The New School Maintenance Facility, a $300,000 gift

Mayor Larisa speaks about the new School Maintenance Facility. He says that two members of the School Committee have voiced their objections to the design of the building, even though the City will be paying $300,000 of its money for it. He says he can't understand why two members would look a Gift Horse in the mouth.

Councilman Miranda states that he wants it known that he never had a problem with a fourth door.

Councilman Miranda also speaks on a comment he heard about the Community Development Block Grant money. He says he wants to make it clear that the Council holds two public hearings, which are advertised in advance, before voting.

(By Councilman Rolland R. Grant)

Replacement of Trees cut down at Water Tower

Councilman Grant speaks about the trees that have been cut down by the Water Tower and says the neighbors have voiced their objection. He asks that the trees be replaced. Mr. Lemont assures that plans have been made to replace the trees.

(By Councilman Patrick A. Rogers)

Discussion of School Resource Officer Program

The Council enters into a discussion regarding the wording on the docket pertaining to this issue. Mayor Larisa states that previous wording has included the words "with motion" and because this docket does not, it cannot be voted on. The meeting recesses at 9:10 p.m. to allow the City Clerk to research previous minutes to find the wording of this item.

The meeting resumes at 9:20 p.m. and the order of business is changed.

RESOLUTIONS