CONSENT CALENDAR

1.         Approval of Council Journals

Special Meeting - Redistricting - March 5, 2002

Regular Meeting - March 5, 2002

2.         Town of East Greenwich - Requesting support for Resolution urging banning the use of MTBE as a Gasoline Additive

3.         Town of North Kingstown - Vote of the North Kingstown Town Council opposing Senate Bill S-2665 relating to Agricultural Functions of the DEM.

4.         Town of Burrillville - Requesting support for Resolutions regarding Criminal records check - employee of youth serving agency; Energy Facility Siting Act, Powers and Duties; Police Officers' Bill of Rights; Tax exemption and payment for services in lieu of taxes

5.         Town of Johnston - Resolution seeking Council support on An Act Relating to Health and Safety - R.I. Resource Recovery Corporation, Mandatory Buy-Out at Central Landfill.

6.         Town of East Greenwich - Resolution requesting support of opposition to expansion of gambling in Rhode Island.

7.         Town of North Kingstown - Resolution requesting support of fundraising efforts for the USS Saratoga Museum

8.         Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 02-02-07 - Repair cement patio and walkway at property located at 181 Terrace Avenue - Plat 414 Lot 11 (Arthur McAteer)

9.         Coastal Resources Management Council - RESIDENTIAL ASSENT -

File No. 02-01-4507 - Construct duplex 30'x60' with attached garage 24'x24' to be served by city water and sewer service, associated site work per plan; located at plat Map 414, Block 5, Lot 1; Bell Avenue (Accrington Realty LLC, 2363 Post Road, Warwick, RI

10.       Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 02-01-47- C/M an 8'x10' storage shed in accordance to plan submitted located at 23 Bluff Street - Plat 33 Lot 7 (Mary E. Palmer)

11.       Cancellations/Abatements - Tax Board of Review requesting cancellation of taxes as follows:

Year    Amount

2001    $1,000.00

12.       Cancellations/Abatements - Tax Assessor requesting cancellation of taxes as follows:

Year    Amount

2001    $1,125.57

2000    1,251.87

1999    84.58

Total   $2,426.02

On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve the Consent Calendar.

On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to return to the regular order of business.

PUBLIC HEARING  

Update on Redistricting of Ward Lines

Kimball Brace, Election Data Services, Washington, D.C., the City's Redistricting Consultant, gives the Council an overview of the proposed ward lines. He notes that the proposal is to move a small area of two streets into Ward 3. Otherwise, the result will be a pocket of about 90 voters, which will require an additional polling place. Canvassing Clerk Sheila Stringfellow advises the Council hat the cost will be approximately $1,000. Both Councilman Grant and Councilman Miranda state they are inclined to keep it the way it is. Mayor Larisa speaks about the cost and says he is not in favor of having another polling place.

Following further discussion, a motion is made by Councilman Grant, seconded by Councilman Miranda, to leave the proposed Ward lines as is. A roll call vote is taken on the motion:

Councilman Grant                Aye

Councilman Midgley             Aye

Councilman Miranda            Aye

Councilman Rogers               Aye

Mayor Larisa                          Nay

The motion passes 4-1.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

(Advertised E.P. Post February 28 & March 7, 2002) (Notices to Abutters mailed March 8, 2002)

Alcoholic Beverage - Class B Limited

Rose Marie Barros, dba Casa Brasil/Café Brazil - 543 - 545 North Broadway

Mr. Conley informs the Council that he was informed by the Zoning Officer and Building Inspector that the license cannot be granted until the applicant receives zoning approval for a variance. Councilman Miranda questions if the applicant knew of this requirement, and Mr. Conley replies that the applicant had been told a number of times about what was required. Councilman Miranda asks that the applicant be allowed to answer questions from the Council.

Jose and Rose Marie Barros are present and sworn. They inform the Council that they are scheduled to appear before the Zoning Board on March 24^th. They are informed that the petition for the alcoholic beverage license cannot be heard until they receive zoning approval.

Donna Buxbuam, 135 Pavilion Avenue, East Providence, Rhode Island is present and sworn.

She states that she is an abutting neighbor, and she and the other neighbors have no problem with the license being granted.

Following further discussion, a motion is made by Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, is unanimously voted to Defer.

Victualing N/Over 25 - Transfer

From Jose L. Barros, dba Casa Brasil To Rose Marie Barros, dba Casa Brasil/Café Brazil

543-545 North Broadway

On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to defer.

LICENSES NOT REQUIRING PUBLIC HEARING

1. Laundry/Dry Cleaners (Deferred from March 5, 2002)

Amer Chikhalared and Tarek Shikhalard, dba Willett Laundromat - 181 Willett Avenue

Amer Chikhalared, 137 Central Avenue, Pawtucket, Rhode Island is present and sworn.

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

2. Victualing N/Over 25 - Transfer

From Frederick W. Thistle dba Borelli/s Corner Deli

To Tom Dentino, dba Dentino's Deli - 68 Taunton Avenue

Tom Dentino, 23 Riviera Terrace, Attleboro, Massachusetts, 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.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to change the order of business to allow School Committee Chairman Helio Melo to address the Council.

COMMUNICATIONS

Helio Melo, School Committee Chairman, addresses the Council and asks that the Council have a Special Meeting to approve the financing bid for the Waddington School Heating System. Mayor Larisa states that the Council has agreed to give the City Manager Corporate Authority to select either the 5 year or 10 year bid. Mayor Larisa mentions the cooperation between the School Department and City. Mr. Lemont states that the difference in the original bid and this bid will save the taxpayers $2.3 million. He also states that the School Committee and Superintendent were bashed beyond the realm of what was expected at the last School Committee, and he says that they should be complemented for their cooperation.

Councilman Midgley makes a motion to give Corporate Authority to the City Manager for the awarding of the bid.

The Council enters discussion on the matter, with Councilman Rogers stating that City approval should be required for all construction projects and Councilman Midgley saying the Council should have a received a lesson from this. Councilman Miranda states that the Council should sit with the School Committee from time to time to work out problems such as this. Following comments from the Mayor, who states that the project should have been completed a year ago, a vote is taken on the motion, which passes unanimously.

The meeting recesses at 8:22 p.m. and reconvenes at 8:32 p.m. with all Council members present.

NEW BUSINESS

CITY MANAGER

1. Rose Larisa Memorial Park - Requesting pre-qualification approval for contractors

Mr. Lemont reviews the responses received and requests that 7 of the 10 applicants be approved.

Councilman Miranda states that they are excellent contractors.

On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to give pre-qualification approval to Arrowhead Construction, Catalano Construction, Inc., D'Ambra Construction Co., Inc., DARE, Inc., Narragansett Improvement Co., Site Tech Corporation, Inc., and Yardworks, Inc.

2. Freedom Green - Requesting pre-qualification approval for contractors

On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to give pre-qualification approval to Arrowhead Construction, Cardi Corporation, Catalano Construction, Inc., DARE, Inc., J.H. Lynch & Sons, Inc., Site Tech Corporation, Inc., and Yardworks, Inc.

3. City Manager's Report

Mr. Lemont reports that the Municipal Court has moved to Breed Hall at the Senior Center, with the Administrative Office at Sweetland House.

On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously approved to accept the City Manager's Report.

b. REPORTS OF OTHER CITY OFFICIALS

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

Claims and Litigation Committee Report

• Peter and Mirian Kimball, Claim No. 02-13 Denied
• Tracy Armington, Claim No. 02-09 Approved
• Mary Jean Castro, Claim No. 02-15 Approved
• Vera Treglia, Claim No. 02-8 Denied

Pending Litigation:

• City of East Prov., v. George J. George Approved Settlement agreement
• City o f East Prov. V. Freddie & Donna Green Approved Settlement agreement

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

COUNCIL MEMBERS

(Mayor Joseph S. Larisa, Jr.)

1. Discussion of Hunting along Bike Path Issue

Mayor Larisa states that he was contacted about the matter and asks Mr. Conley to explain the law. Mr. Conley states that there is a City ordinance which prohibits firing a gun within City limits, but there are a few exceptions, such as the Runnins River area. He states that the City cannot regulate hunting within tidal waters because it does not have jurisdiction in that area. Mr. Lemont states that hunting in tidal waters is not allowed, only seaward waters, that the guns must be pointed seaward.

2. Rules of Procedure - Discussion and vote

Mayor Larisa reviews the Council Rules of Procedure. He says one of the rules specifies that no matter may be considered at any meeting that is not specifically on the docket without the unanimous consent of the City Council. He says he has been interpreting that as to have the word "vote" included on the docket. He suggests adding the words "including vote" in parentheses after the word docket.

The last rule says any member of the public wishing to speak may do so on a "majority" vote of the Council. Mayor Larisa says it should be "unanimous" vote as the Council has always operated on the "unanimous" vote rule. He also requests adding to the section that states any member of the public requesting to speak on any docket item that is not part of a public hearing section, the words "or specifically on the docket."

Councilman Rogers questions the procedure and states that the public should be allowed to speak on all important issues. He says that there have been times when Unanimous Consent was not given. He says the public should be allowed to speak on first passage of ordinances.

Mr. Conley comments that the ordinance regulations are spelled out in the City's Charter and require first reading with public comment on second reading and Final Passage.

Further discussion is held on the right of the public to speak on issues. Councilman Grant says he doesn't see any problem with allowing the public to speak if there is only one vote on a topic. Mayor Larisa asks Mr. Conley to add that any member of the Council wishing to speak may speak prior to a vote being taken.

Councilman Midgley says that if this rule is put in place, the Council must realize that the public will have the right to speak on any issue. Mayor Larisa clarifies by saying that only matters under "Council Business" will be subject to this amendment at this time.

Motion to revise the Rules of Procedure as amended is made by Councilman Rogers, seconded by Councilman Miranda. Roll call vote is taken:

Councilman Grant                Aye

Councilman Midgley             Nay

Councilman Miranda            Nay

Councilman Rogers               Aye

Mayor Larisa                          Aye

The motion passes 3-2.