I.   CONSENT CALENDAR

CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT

2004                                                                                            $44,924.16

2003                                                                                            $    454.09

TOTAL                                         $45,378.25

BOARD OF ASSESSMENT REVIEW

 Requested adjustments for hardships and residential Tax Board of Review 

 2004  Real Estate appeals   (12 approved - 7 denied - total of 19)          $35,019.99

 TOTAL                                                                                                 $35,019.99

ALCOHOLIC BEVERAGE LICENSE – Class F – for May 7, 2005

St. Martha’s Church, 2595 Pawtucket Avenue

RESOLUTION – Town of South Kingstown, RI:  regarding the Employees Retirement System of Rhode Island.

RESOLUTION – City of Providence:  supporting legislation to require utility and other  companies who maintain infrastructure within municipal rights of way to pay for all costs to relocate their infrastructure when public works projects are constructed within those rights of way. 

RESOLUTION – Town of Jamestown:  in support of House Bill 5030, entitled “An Act Relating to Health and Safety – Division of Fire Safety”, which prohibits the restricting of any employee or member from engaging in volunteer firefighting or rescue services for any other volunteer firefighting and rescue services.

RESOLUTION – Town of Cumberland:  in support of an increase to the amount of real estate conveyance tax received by the RI Municipalities.

RESOLUTION – Town of Foster:  supporting affordability and access to health care and requesting the General Assembly develop strategies and control for the cost of health care.

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

II.  PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS

Presentation of proclamations to the East Providence Townies Boy’s Ice Hockey State Champions.

Mayor Larisa states this is a proud moment for the City as well as the City Council.  It is a tremendous accomplishment, undefeated state champions.  The first state championship for a hockey team in thirty years.  We’re very proud of them. 

Coach Amore steps forward and thanks the Council for the recognition tonight.  Says that they are not only a great group of hockey players, they are excellent student athletes and citizens and we should be very proud of them.

III. APPOINTMENTS

Zoning Board of Review  (by Mayor Larisa)

            Robert Cusack  (replaces Jude Kostas)

150 Greenwood Avenue (02916)

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

The Mayor asks for unanimous consent and asks that the City Clerk send a letter to Mr. Kostas to thank him for his invaluable service on the Zoning Board of Review.  Unfortunately, Mr. Kostas is moving to Barrington. 

Also, with the appointment tonight of Mr. Cusack, Mr. Kostas will attend the meeting tomorrow and the May meeting.  We will then swear in Mr. Cusack & the new Zoning Board Chairman after the May meeting.  Mr. Kostas will chair that last meeting in May.

Zoning Board of Review Chairman (by Mayor Larisa)

Eugene Saveory (replaces Jude Kostas)

11 Dearborn Drive (02915)

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

Councilman Midgley, seconded by Councilman Miranda, receives unanimous consent to dispense with the regular order of business to discuss the pending water treatment issues in the City.

Acting City Manager Conley begins by explaining Steve Coutu, Director of Public Works, will come up to give factual update on to where we are today and give Ken Booth, Superintendent of the Water Division the opportunity to explain what we’re doing on an ongoing basis to address the problem.  Also, in anticipation of some people experiencing adverse results from the need to boil water, some things we will be doing in the coming days to make sure we reach out to these members of the community, which is most at risk.  Will also discuss what we’ve been doing in conjunction with the Dept. of Health and what we expect to be doing with them in the next few days to ensure the integrity of the safety of our water system. 

Steve Coutu steps forward and states that at noon on Saturday, Ken Booth, the City Manager, and he received word from the testing lab that two water samples tested positive for fecal coliform bacteria.  The Dept. of Health was immediately notified and triggered an immediate boil water order.  The Dept. of Health issued an advisory immediately.  The media outlets were contacted to get word out to the public.  The Dept. of Health staff along with staff from the City Water Pollution Division went door to door to food and beverage establishments with guidelines on how to deal with the water contamination issue.  Immediately on Saturday, we began increasing our chlorine levels.  We also resampled the sites on Saturday as well.  Got reports back Sunday and all the samples came back clean.  We informed the consultants of this and the flushing program will begin on Monday.  We resampled the sites again on Monday and all tests came back clean as well.  The Dept. of Health aware of clean samples; however, we need to continue with flushing program and continue with the boil water order until the Dept. of Health and the City are satisfied with the information we get.

Ken Booth steps forward and states we are required to take sixty samples per month and in March, we took ninety-one samples.  Just wants to state this to the people who may have lost confidence in the system and to let you know we are going all out trying to determine what is going on.  The flushing program has been initiated to scour the insides.  We have a customer service hotline available for any questions the public may have.  The number is 435-7701.  Everyone is working on this issue.  We did disinfect the Kent Heights water tank as well, there was no indication that it was a source of the problem, we just did it out of precaution.  It is very frustrating to all of us as well.  We are looking at all avenues, including plumbing inspection and wastewater treatment, and under the advisement of the Health Dept., cross connections and back flow prevention.

Ray Benoit, Emergency Management Director, steps forward and thanks the following for their help:  Senator Michael Damiani, John Aucott, Peter Todd, and Paul Crawford from the RI Emergency Management Agency, and Norm Menard from The Red Cross.  Also want to thank Cumberland Farms, Stop & Shop, and one of our own firefighters, Jared Devine, who also works with the FEMA.  There is a tractor-trailer truck from Cumberland Farms at the Senior Center with one-gallon containers of water.  We will begin to distribute them tomorrow to the homebound, elderly, handicapped, or disabled.  They can call the water hotline at 435-7741 or call the Senior Center during the day at 435-7800 to get any information.  We are working with Meals on Wheels so that people that are homebound can get delivery of a meal and could also be given some water.  Also received $500 worth of gift cards from Stop & Shop to purchase additional water for people.  Expect to be getting 2,500 gallons of water in one-liter containers.  The water is free, but would have to pay for a truck to get it here from New Jersey. 

Acting City Manager Conley states we’re getting assistance from FEMA and that water is in Edison, New Jersey.  Working on a way to get it to the schools so that they will have approximately 25,000-33,000 gallons of water available to students when they start school next week if we are still operating under the boil water advisory.  We’ve also been coordinating with Assistant Superintendent Jackie Forbes and want to thank her for her willingness to work with us.  Also still other sources we’re working on.  Senator Damiani is continuing to give us leads on where we can find water.  He also suggested some private businesses that may be able to provide water to the City at cost.  Working with those vendors that Senator Damiani is close in contact with as well.

Mr. Conley also states we also have representatives here from the Dept. of Health.  Director Gifford is here to speak about health concerns the public may have.  We are working with them to identify the causes of the positive test.  As of yet, we are working on exclusionary process, we’ve begun the flushing process, and now do not have another identifiable cause for the positive test and we’re working with the Dept. of Health and with clean tests, at some point, will be able to come back and say we’ve satisfied our mutual concerns that we’re protecting the health of the public.

Dr. Gifford from the Dept. of Health states that everyone’s concern is that you don’t get sick from the water.  We have taken precautionary recommendations based on those tests.  You must boil the water for at least one minute or use bottled water.  You can shower and bathe in it, but for any purposes of ingestion, such as brushing your teeth, you must boil the water or use bottled.  For bathing for individuals who can’t keep the water out of their mouth, we recommend not using the tap water until the boil order advisory is removed.  We’re working closely with the City, and they’ve take quick and immediate action in several areas, including increasing the chlorination and flushing the lines.  We continue to look for the cause.  Until we get a good sense of what the cause is, will need to continue with the boil water advisory.  We’ll continue working closely on a daily basis with the City so we can find the cause so we can lift the advisory.

Mayor Larisa states he’s been hearing the public say that the sewer work on Veteran’s Parkway has something to do with the water problem.  Mr. Coutu states that no, the work on the Parkway is not related to the water system.  It was an unfortunate sewer main break, a very significant one that caused an outpouring of sewage into Watchemoket Cove.  It was unrelated and it was not connected to drinking water system.

Mayor Larisa states he’s been hearing the public say that the pipes are old and that is what has been causing the problem with the water.  Mr. Booth states the City has an infrastructure plan that was required to be done by Dept. of Health, which was done a few years back.  We identified the age of the pipes in the entire system.  In the 50’s and 60’s prior to the City hooking into the Providence Water Supply System, a lot of existing pipes were scoured out and lined with a cement coating on the inside of pipe and a significant amount of mileage of new pipe was put in.  There are some sections that have older pipe, but we are in good shape on all the main transmission lines and all the big piping is relatively new, meaning 40 - 50 years with a lifespan of 100 years.  We do have some in the system that are 100 years old and those are still in very good condition.  The integrity of our system is good compared to a lot of water systems out there.  Where issue came from, we’re not able to identify it.  It’s very frustrating to us; we’re putting a lot of time and effort into it.  Hopefully, we will find out what the cause is.

The Mayor asks if we have a good flushing program and to explain to the public what it is.  Mr. Booth states we’re advised to flush the system.  There is a buildup in pipes, tuberculation (a mineral buildup, scales), mineral deposits, and sand.  The flushing program is geared to scour the inside of pipe to remove buildup.  That material can become a breeding ground for bacteria.  There is what is called a biofilm and a coating on the pipes that does contain bacteria.  Our pipes are all cast iron or ductaliron.  City made good decisions over 50 years ago and went with high quality products.  There is an iron-fixing bacterium in the pipes that exists.  Four years ago, we used same consultant we use now, developed a flushing program for us, which involves starting at one point in the system, manipulating the valves, and pushing all the water out to the outskirts of the system and dumping it out of the hydrants.  There are forty-two zones in that system.  It’s a very labor intensive and time consuming process.  In the end run, it will push everything in the system back to the outside and remove any the potential in the pipes to become a breeding ground for bacteria.

Mr. Booth states we purchase all of our water from the Providence Water Supply Board and it comes to us treated.  Water disinfected is not sterilized. They disinfect with chlorine as it moves through system from Scituate into East Providence that chlorine kills the bacteria.  As it kills bacteria, it’s called a chlorine demand, and uses up some of the chlorine.  The goal is to have chlorine left in the water when in gets to East Providence, that’s called the chlorine residual, so it can provide some lasting effect.  We’re injecting additional chlorine now to raise the chlorine level to ensure that we have more than enough to knock down any bacteria that might occur.  Doing this on daily basis and will continue to do it until we resolve the problem. 

Councilman Caine states obviously adding chlorine changes the taste of the water.  It is important to find out what the source is.  We don’t know what it is now.  In order to find it, were investigating where the positive test came up and in the interim, flushing the pipes.   Asks about backflow preventors and cross connections being an issue.  Mr. Booth states backflow preventors and cross connections is a serious issue.  Kent County had a problem a couple of years back.  They actually had green water coming out of the faucets due to a landscape contractor that hooked into a fire hydrant and had the contents of his fertilizer truck back into the water system.  That’s called backflow.  It is a problem that could exist.  Plumbing codes that require backflow devices be installed.  We require backflow devices installed appropriately during renovations and installation of water service; however, homeowners that do their own work or hire contractors that do not pull plumbing permits to get them inspected, leave themselves open to not doing it properly and actually sending contaminated water from laundry, washing machines, and lawn sprinkler systems back into the water system. That’s a possibility of what we could be looking at here, but it’s very hard to identify and locate.  We’re working with Public Works, who has the Plumbing Inspector and Waste Water Treatment people working on this trying to identify the normal locations and see if we can come up with any others that may have potential.  Proper permitting, proper inspection is an issue. 

Councilman Caine asks that lot of old houses in the City don’t have backflow preventors. Mr. Booth states in a typical residential dwelling, there is not a need for backflow prevention on that.  Having a sprinkler system would bring that into definite requirement.  A number of contractors install sprinklers without it.  If you have a sprinkler system, you may want to check it.  Can give us a call and we can have the Plumbing Inspector can come out and verify if you do have one or not.

Councilwoman Perry asks that four years ago, consultants advised flushing out the system.  Why haven’t we done that?  Mr. Booth states we did flush it.  Flushing is a preventative maintenance issue and one factor that goes into determining the frequency of flushing has to do with the water quality.  We were schedule to flush it this year, would be doing it anyway whether this event occurred or not.  It is a very labor intensive and expensive, it’s typically not something that is done annually if there’s not a need for it.  Water quality issues, the last two months we’ve had more positive hits that I’ve had in the previous 16 years I’ve been here.  Last year had 2 positive coliform bacteria, total coliform, not fecal coliform.  Something has changed, but we don’t know what it is.   The pipes in the system and its integrity are the same.  We haven’t seen any additional build-up in the pipes.  Again, we are flushing this year.  Some systems may have to flush annually, such as well water systems that have low pH and higher mineral content and depending on the quality of their pipes.  We mostly have cement-lined pipes in our system.  Councilwoman Perry asks if the entire system was flushed.  Mr. Booth states we did flush all the big transmission mains and about half of the City.

Councilman Miranda states we all know some of the one hundred year old pipes are down at Watchemoket Cove.  Were there any main lines going through there that were flushed out?  Mr. Booth states yes and they were flushed out.  The main lines go through the City are Pawtucket Ave. North & South, Waterman Ave., Warren Ave. East & West.  We flushed through the center of the City. 

Councilman Miranda states there are a lot of old pipes in this area and other areas in the City.  Will need to do something sooner or later.  Mr. Booth states that the City has been good as far as from a budgetary standpoint and investing in it.  A lot of municipalities have a problem where the government side will raid the water money because it is available.  That does not happen here.  There is additional work to do and we can always use more money.

Mayor Larisa asks him to discuss the short-term vs. long-term results of flushing and what happens when you do that.   Mr. Booth states what happens as we close and open valves, it will stir up sediment in the pipes and you may see dirty water or water that is reddish brown.  That is the short-term issue.  Once we’re through, things will return to normal.  My suggestion would be that we notify in the newspaper where we are working to give some notice that if you see dirty water, to live with it for a little bit.  If it stains clothes, do not rewash them.  Call us at the office and we can give you a solution to use before you rewash them and it will take the rust right out of it.

Mayor Larisa states another misnomer out there is that we are the only City under a boil water order right now, but isn’t it true that other municipalities in the State have had positive test results for either total or fecal coliform.  Mr. Booth states yes, there are others out there.  Anytime we get a call from the lab saying we have a problem, I contact the Dept. of Health that day and I also contact the other Water Superintendents I deal with, particularly the other wholesale communities out of Providence because we all get the same water from Providence and this way, can see if there is any common denominator.  When I’ve looked at what we’ve done and can’t come up with an explanation, I try to see what someone else may have.  Over the last few years, there have been those issues where they start to see little pockets.  There have been some communities that have experienced boil water orders in the last 2-3 years, some on a frequent basis.

Mayor Larisa states while there was a lab that found fecal coliform level to be positive, on the same day, at the same time, with the same sample, another reputable lab showed same test negative, is that correct?  Mr. Booth states yes that is correct.  It is a very frustrating thing we’re dealing with, but this could statistically happen.  We are taking an abundant number of samples just to make sure nothing slips by us.  The concern of City government has always been the safety and welfare of people.  There may be rumors out there to the contrary, but that is not the case.  The two labs involved were both certified, well-respected labs.  Sometimes, things just happen this way.

Councilman Midgley asks in March, 291 samples were taken. What was the result on these samples and were they from the same source?  Mr. Booth states of the 291 samples, two came back total coliform positive, one on March 8, the other on March 24.  And they were from two different sources.

Councilman Midgley states this is bad news.  The sad part of this is that Cable TV is not here tonight because this issue affects the entire city.  Over the weekend, accusations were made that we were trying to cover this up.  I had two friends that said why weren’t you telling us about this.  I told them it was on the front page of the Providence Journal, what aren’t we telling you?  They said it was?  We must have missed it.  Another one was upset that the news media wasn’t putting it out enough over the air.  We as a City are doing everything possible to alert and make people aware of this.  We had 291 samples with two positive hits.  We don’t want any hits, but if the State says to boil the water, no matter what the results are, it’s boil the water, it is in your best interest.  And your health and wealth depend on good health.  No matter what our results are, as long as the State is telling us to boil the water, you boil the water.  It is a hardship on the community, we realize that and it has an adverse effect on some of the businesses here.  Again, to say or do nothing, we couldn’t do that, but it’s in the best interest of the community to pay attention to this, if you have questions, call the hotline.  It is not a trivial matter, you can get very sick from this.  I’m hoping we have all positive results, positive meaning negative results.  Again, I assure you we’ll do everything possible for you that can be done to get rid of this problem.  We’ve had excellent representation at the State House, we have everyone working for us, but we still have to isolate the problem.  An adverse affect is that we’ve been spoiled here in the City of East Providence because we’ve kept the chlorine content down so it’s not like other communities where when you turn on the tap water, you smell chlorine.  That may be one of the side effects of what we’re doing.  That may be where we have to go.  Hopefully, we’ll get back to where we were.  You just need to pay attention to the press and the news.  If your neighbor tells you something, don’t take it as gospel, call the hotline yourself and find out what is going on before you panic and think the City is falling apart.  The Health Dept. is here with us tonight; they’re bending over backwards to work with us to find out where we’re going with this.  We’re not making light of this issue and not trying to hide anything.  We’re here to serve you and that’s what we intend to do to the best of our abilities.

Councilman Miranda states that it is unfortunate that Cable TV is not here this evening.  Is it possible to get word to Director Rock at the Senior Center to make sure people know that we have a trailer there?  Mr. Conley states that they had a meeting with Director Rock today and went over the distribution system and the criteria we want to establish for people to get water there at the Senior Center.  He is aware and word is getting out into the community who are serviced by the Senior Center.  That is being done and will continue to be done. 

Councilman Miranda says he received many calls over the weekend.  Just wanted to thank everyone for all of there help.  We’re all on board with this, we know what we have to do, and we have to do our best to make our water drinkable again.  In the meantime, if we have to boil the water, then that’s what we have to do. 

Mayor Larisa states that the City is doing everything conceivable and possible.  The City professionals and the Council have spent a lot of time on this issue, fielding phone calls and getting information.  I don’t know when the last time was that we had the Director of the Dept. of Health here to speak and to stay for a Council Meeting.  This is the top priority in the City, to get our water supply back to where it needs to be.  The trouble is there are no easy answers.  This is not a question of failing to maintain the infrastructure of the pipes, not a question of whether flushing will or will not solve the problem.  We don’t know what the problem is and we’re not ashamed to tell you the truth.  We’re doing everything in our power at the State and local levels to find out what it is and to restore the water system to levels that are safe and acceptable to the Dept. of Health at the earliest possible time.  If anyone from the public would like to speak at this time, please step forward.  There are no objections from the Council.

Darlene Machado, North Smithfield, RI, is sworn in by the Asst. City Solicitor.

Ms. Machado states she owns a lot on Harding Avenue and has inquired about sewer lines running under Harding Avenue, Harding Lane.  Was told sewer drains were laid and was showed the prints and was told that I now have a hookup along with 1,2,3,4 Harding Lane.  My lot is #4, there is not a house there now, but use to be.  Went back down again and was told the prints weren’t available any longer. 

Councilman Caine states the question has nothing to do with the water issues we’re having right now.  Ms. Machado asks if the undocumented sewer lines had been disturbed? 

Mayor Larisa states that maybe the Director of Public Works could answer that, but there are several undocumented sewer connection hookups and this happened when City Hall burned and the records were destroyed.  So what you have to do is camera the line.  If you are unconnected, you look and see where the connection is in the road to your house with a camera and then they can come and connect you.  Just because it is undocumented, doesn’t mean there is a hole in it or sewage is leaking from it.  Asks her to provide the information she has to the Director of Public works so he can look into this for you.

Bruce Chick, 235 Pleasant Street, Rumford, RI is sworn in by the Asst. City Solicitor.

Mr. Chick states I’m an unhappy camper as a lot of other people are.  Think the City is finally getting its act together, but the same thing happened back in March.  We had 2 hits that were positive in March and didn’t have a boil water order then.  And now have 2 more positive hits, why didn’t we add chlorine or flush back then?  Mr. Booth states we did chlorinate.  Provided additional chlorination from February 5th through the middle of March.  We had just discontinued the chlorination, as we had looked at all the samples.  Extra chlorination is very expensive.  Obviously, the price is irrelevant to ensure safe water, but we had gone back to having clean samples all the way through that time up until this last test.  On the flushing, it involves putting a lot of water on City streets.  We had to wait until we get to a point where we don’t have frost in the morning.  Typically, flushing is done in late spring and in the fall.  Try to not do in the summer time.  Where we stand now, the water temperature in the pipes is about 50 degrees.  In the summer, it starts to rise, and when you get up to 60 degrees, you start to get into a range where bacteria in the water feel comfortable to start growing.  If you do flush and conditions are right, you take a bigger chance of propagating that, so we try to flush in the spring or fall.   On the boil water order not being issued back then, we had a positive sample on January 17th and there was a miscommunication.  Learned of the positive sample on February 3rd when the monthly report came in.  Immediately notified Dept. of Health and the decision was made at that time when the positive sample came in on Jan 17.  It was interpreted by myself to be total coliform bacteria.  From that point on, we sampled every day for the rest of the month.  In the beginning of February, found out it was fecal coliform bacteria and notified the Dept. of |Health.  At that point in time, the boil order would have gone into effect on the 17^th.  The accumulated data that showed the system was clean again, which led the Dept. of Health to back away from a boil water advisory.

John F. Conley, 115 Smith Street, Riverside, RI, is sworn in by the Asst. City Solicitor.

Mr. Conley states his concern is why this has developed and why all of a sudden has this occurred in East Providence.  We’ve known for years that, haven’t heard tonight if it has or hasn’t, that we’ve always put money, capital improvements in the City.  Each year, Planning would recommend and the Council would approve or reject.  Go back to when Paul Lemont became City Manager.  They stopped capital improvements.  No questions in our minds that we’ve got an aging system underground and aging pipes.  To hear we still have wooden pipes in this day and age that are 100 years old.  My question is why all of a sudden are we getting this in East Providence.  Two months ago, we had another scare.  In restaurant today and they are very concerned with this.  It easy to tell a restaurant to boil the water, but don’t tell the coffee shops you have to boil your water.  It’s a major matter and no one should make light of it and I personally think that all the good that’s been said, in spite of the deeds that have been done, I personally don’t think enough has been done to our infrastructure and that it’s not necessarily the blame of this Council, but it goes way back.  Unless if Mr. Booth can tell us all of a sudden where this tainted sewage came from.  Providence Reservoir supplies several other communities as well.  Are they having any problems?  Mr. Booth states other communities have experienced similar issues in the past, but not now.  Mr. Conley asks what assurances do we give the people other than we’re going to flush the pipes?

Mr. Booth states that we have no wooden pipes in the system.  The one hundred year old pipes are cast iron and ductile iron.  Some of them are still in really good shape.  Certain parts of infrastructure are aging.  We do have an infrastructure plan; you phase it in according to priority.  Would love to see you up here and lobbying the Council to make sure we get the capital improvements we need.

Mayor Larisa asks do we have a dedicated water fund and isn’t it true we paid one million dollars cash for that new water tower, the biggest capital improvement.  Mr. Booth states yes, we did pay cash for that and didn’t have to finance it.  The City is very good at protecting the interest of the water fund. 

The Mayor asks that we have no reason to expect now, we’re checking everything, that the age of the pipes, contrary to the belief of some, that they are actually in pretty good shape.  But we don’t have reason right now to suspect that the age of the pipes have anything to do with this problem.  It may, but we’re checking.  It could be a bunch of other causes that the Health Dept. and our consultants are working on, such as backflow.  May not be infrastructure at all. 

Mr. Conley asks what do you do when you get 2 labs one says it’s ok, the other says no.  The Mayor states you scratch your head and get very frustrated.  Mr. Conley asks do you check with URI scientific lab?

Acting City Manager Conley states you check with the Dept. of Health.  They’ve been generous enough in the past few days to co-test with us because we want it make sure it’s done perfectly because of all the concerns you’ve said.  Mr. Conley says nobody knows where it’s coming from?  Solicitor Conley says we are not able to identify the cause.  We are doing things trying to identify the cause.  Will continue to work aggressively until we know.

Kathy Santos, 4 Thurston Street, Riverside, RI is present and sworn in by the Asst. City Solicitor.

The businesses seem to be taking a big giant hit and is there something they’ll be able to do or some programs that they can get into to help them?  The Dunkin Donuts in our neighborhood totally closed down, a lot of limited operations at other restaurants, and frankly, the restaurant I was at yesterday, the manager came around asking how’s the food and all that.  Asked how he was handling this thing with the water and he said it’s frustrating and expensive, considering the first time we knew nothing about it and that the second time this Saturday, I had customers telling me before the State did.  He said he got phone calls from other East Providence restaurants and they are thinking about putting together a class action lawsuit and then you can start giving them some guarantees.  I think that’s probably where stuff like that may end up happening.  I know you don’t know where it is coming from right now, but what is your best-estimated time on when you’ll probably get a handle on this?  This, it is not good.  You expect this stuff in third world nations, not in your own town and you say it is not maintenance and what have you, but the sewer treatment plant is falling apart, have the light tower falling down at Pierce Field.  The way things get maintained, it’s done it in more of a reactive way instead of in a proactive way and I would kind of like to see some actual plan to go with fixing things before they’re in a total, horrendous shape. And the businesses, you know, building on this big waterfront thing, people aren’t going to come if they think they’re drifting off into the third world.

Mayor Larisa states when we do things in a proactive way, which is the overwhelming majority of the time, we never hear about them.  When we don’t wait until the water tower falls down and we buy a brand new one, we don’t hear about it.  When we don’t wait until we have one hundred year old fire trucks and buy new ones, we don’t hear about it.  When we don’t wait until our rescue vehicles crash or break down on the way to the hospital because we buy new ones, about one every other year now, we don’t hear about it.  And we do this all the time.  In this unfortunate instance, Councilman Midgley said a minute ago that one guy said why don’t you tell us the truth and tell us what’s going on.  We are.  We’re up here admitting we don’t know at this time.  It’s all speculation now, but we are also saying we will try our best because it is not just bad, it is awful.  This is a terrible problem.  In a City of our size, it’s difficult to imagine a more problematic problem than the inability of the public to drink the water.  The State has had these problems through the years.  In my past life, Clark Green is here, whom I worked with on the Pascoag issue where they had MBTE contamination in their water, which was a lot worse that we have here, and they couldn’t drink it for a long, long time.  We are trying our best to solve this as soon as we possibly can.

Acting City Manager Conley states we’ve started contacting agencies within the State to find out what kind of programs would be available and what criteria we’d have to develop to see if any of our local businesses can participate in them.  As we develop this information, we’ll be reaching out to the businesses that have been adversely impacted if in fact we find there are programs out there to address this.  In terms of when, the most important criteria is to protect the health of the community.  It is impossible for us to give you a specific guarantee of a date.  It will happen when the City, in conjunction with the Dept. of Health, determine that we have identified the problem and cured it or have taken enough remedial action that without knowing how we cured it, it is cured.  And we’ll be working with the Dept. of Health every day to achieve this goal.  As to wanting a plan in place, there has been a plan in place. One of the most frustrating things about this experience is that despite the plans being in place, it happened.  As the Mayor stated, the Water Dept. has been an enterprise front and we’ve built a new water tower.  As Ken Booth explained, we have one of the most progressive flushing programs in the State of RI.  Despite these kinds of progressive and proactive plans, we are plagued by this problem.  Obviously what we’ve done hasn’t been enough to prevent it from happening.  Hopefully, we’ll learn from this experience what we need to do in the future so it won’t repeat itself.  One other option we’ve been working on with the surrounding communities is obtaining water from the neighboring communities if this event continues and we’ve received positive responses from them, where we’d be able to set up some times and methods for people who are in great need to obtain water from the these communities.  If this continues, we will provide the specifics to the public as well.

Councilman Midgley states the concern of a constituent in Riverside is what are we doing to find out what the problem is.  Ken Booth said they’ve stepped up the testing.  It is very frustrating having the same sample tested at two different labs and getting two different results.  The Dept. of Health says lets take the cautious route and put the boil water order on.  Everyone’s concern here is the public’s health.  Mr. John Conley says it’s an easy thing to tell the public to boil the water.  It’s not an easy thing to tell them to boil the water.  It’s not an easy thing to go into a restaurant and sit down and have the proprietor and other people say to me what are you doing about this.  We’ve been doing everything we can.  Another question was when is this going to stop and get back to normal.  We don’t know.  Whenever the State tells us they are satisfied with the results of our methods and testing.  Again to make it clear, no matter how many good reports we get, if the State says to boil the water, you should boil the water.  It is up to you to do it, you may not want to, but everyone is concerned about your health.  Unfortunately, there are no easy answers.

Councilman Caine talk about testing.  Learned from Dept. of Health that each test is separate and doesn’t matter who does it.  Each test stands on its own.  From a business perspective, this has been difficult.  Dunkin Donuts have been hit significantly because it is an entirely closed system tied to the water system. It is very difficult for them to operate under this scenario because they can’t boil water to make coffee.  There are alternate systems available, which are typically installed in areas where there are wells or they have water delivered to them.  In this case, since we don’t know how long the boil water order will be in effect, unfortunately they will have to look at alternatives or some other ways to operate their businesses.  Some businesses may or may not have business interruption insurance, that may or may not be applicable, but just wanted to raise that as something they may need to look at.  We all wake up in the morning, click on a light and it goes on, turn on the water and it works, the sewage system works.  We’re all spoiled to some degree that all these things are available to us and hope they are available everyday.  And when they are not, it raises the ire of most folks and unfortunately these issues can happen.  It has happened and we have to deal with it and try to find out the source.  If we can’t find the source, flushing is our next alternative, which we’ve already started to do.  Urge each business to look at how they operate and whether there is any alternate source for operating at least in the interim period.

Mayor Larisa makes a motion to return to the regular order of business, seconded by Councilman Midgley.

IV. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

Transfer of Location

From: Ri-Da’s Place, Inc., 1086D Willett Avenue

To: Crescent Park Chowder House d/b/a Ri-Da’s Place, 684 Bullocks Point Avenue

Dawn Reed, 2 Barry Street, East Providence, and Rita Cook, 15 Bart Drive, are present and sworn in by the Asst. City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Acting City Manager Conley states one more thing, as the Dept. of Health was leaving, they left brochures on the table as you leave for residents and businesses dealing with the protocol for boiling water and it contains suggestions for home and businesses on dealing with water.

Sunday/Holiday Sales

Dawn Reed, Crescent Park Chowder House d/b/a Ri-Da’s Place, 684 Bullocks Point Avenue

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

Victualling/Not Over 25  - Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.

Ahmad Hammoud, A&R Convenience Store, Inc., d/b/a REDA Mart, 498 Broadway

Ahmad Hammoud, 212 Shady Lane, Apt. 6303, Warwick, RI, is present and sworn in by the Asst. City Solicitor.

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

Sunday/Holiday Sales - Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.

Ahmad Hammoud, A&R Convenience Store, Inc., d/b/a REDA Mart, 498 Broadway

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Hawker

Wanda L. Roderick, 382 Academy Avenue, Providence, RI  02908

Wanda L. Roderick is present and sworn in by the Asst. City Solicitor.

Asst. City Manager Conley states he has a memo from Asst. Solicitor Dias recommending proposed changes in the hawker ordinance.  At last meeting, Law Dept. asked to look at some proposed changes in the hawker/peddler regulations to address issues that have arisen.  Suggests changes that would allow Council to specifically designate the area or place where the hawking and peddling would take place and provide additional regulations governing destruction of public waste by hawkers and peddlers.  In addition, recommend a formal application process so that when new individuals come before the Council for a hawker/peddler license, they have significantly more information than we do now.  Purpose of regulation is to provide with more background on individual applying for license and to place stricter control on where and when the hawker/peddler can engage in their hawking and peddling.  Also provides penalties for when they act outside of their licensing permission.

Councilwoman Perry asks if the person asks for license for flowers and then decides to sell other merchandise, would they have to get another application?  Asst. City Manager Conley states yes, that is one of the goals.  There were concerns that license was generic and in representation of that one item to be sold only to find out it’s blossomed into other areas and this would give the Council more control over that activity.

Mayor Larisa states ordinance not in effect yet, but asks where her location is. Ms. Roderick states Fuel Discount on Warren Ave.  The Mayor asks what she will be selling.  Ms. Roderick states just flowers.

Mayor Larisa says if the ordinance were in effect, is there any other information that we’d need at this time?  Mr. Conley states we would get additional information, personal information from the applicant, which would allow us to run BCI checks.  Also asks product or service being hawked/peddled and whether other licenses have been granted or revoked.

Councilman Caine states ordinance not in effect, but could approve subject to the new application being filled out.  Mayor Larisa states yes, with her consent, approve it subject to application being filled out, which means approval by the Chief of Police and City Manager so she doesn’t have to come back again.  Then we do first passage of this ordinance at the next meeting.

Councilman Miranda states application says flowers and balloons, is that as far is it goes?  Ms. Roderick states yes, that is all.

Councilman Caine asks that Ms. Roderick if she has any problem with filing out the new application, having the hawkers license limited to that specific location, and just for the sale of flowers and balloons and agree to be subject to this ordinance when it passes.  Ms. Roderick states yes she agrees.

On motion of Councilman Caine, seconded by Councilman Miranda and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and the applicant agrees to be bound by the ordinance once it is passed.

Peddler – Ice Cream

Jonathan Florez, 3 Plantation Road, Oxford, MA

Jonathan Florez is present and sworn in by the Asst. City Solicitor.

Mayor Larisa asks whom he is peddling for.  Mr. Florez states Palagi’s.  Mayor Larisa asks if Mr. Florez would agree to complete this new application and be subject to this new ordinance once it is passed.  Mr. Florez says he would agree to that.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and the applicant agrees to be bound by the ordinance once it is passed.

Peddler – Ice Cream

Mickeda S. Barnes, 34 Dunbar Avenue, East Providence

Kenyon Robertson, 34 Dunbar Avenue, East Providence

Mickeda S. Barnes and Kenyon Robertson are present and sworn in by the Asst. City Solicitor.

Mayor Larisa asks who she peddling for.  Ms. Barnes states for herself, starting a new business called KBS Ice Cream and Lemonade, one truck.

Mayor Larisa asks if they would agree to complete this new application and be subject to this new ordinance once it is passed.  They are shown the new application and Mr. Conley states as to peddling license, application requires more information than we get now.  In addition, the ordinance provides for penalties, which is in violation of your license and provides a specific definition of the difference between hawkers and peddlers.  Allow us some enforcement that we didn’t have prior to this season.

Mayor Larisa states you would just fill out the application, the Chief of Police and City Manager approves it, assuming it is approved by the Council, and pay the fee.  A lot of this doesn’t apply to you, what does is that the Police have more control over activities, such as if you block an intersection or block parking spaces, this just formalizes that they can take action.

Ms. Barnes asks being a lemonade truck, she’s not going to pull into driveway, but she has to pull over, it says sidewalks too, where am I suppose to serve kids, in the middle of the street?  Mr. Conley states we have had instances in the past where ice cream trucks have pulled up onto the sidewalk, turned the truck off and stay there, creating hazards around little league fields and such.  You can pull over to sidewalks and can park at baseball fields in appropriate areas.

Mayor Larisa asks if they would agree to complete this new application and be subject to this new ordinance once it is passed.  Ms. Barnes says they would agree to that.

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to approve for Ms. Barnes, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and the applicant agrees to be bound by the ordinance once it is passed.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for Mr. Robertson, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and the applicant agrees to be bound by the ordinance once it is passed.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

V.  NEW BUSINESS

A.  CITY MANAGER'S REPORT

1.  Temporary Access Agreement/Wolf School

Mr. Conley states under the temporary access agreement with the Wolf School, Council aware that construction is going to begin on the new gymnasium.  During construction, they will need to utilize that grassy area in back between the school and parking lot for staging, which is City property and also three parking spaces adjacent to that staging area during construction, but provides for insurance indemnification for the City and for repairs to property as a result of any damage.  Council has concerns, there are some nice trees over there they are concerned about which are addressed in the agreement.

Mayor Larisa asks that they will be replaced in like kind with the same trees at the appropriate time.  Mr. Conley states yes.

Councilman Caine states he reviewed the agreement and spoke to Patrick Rogers about it.  Issues I had have been resolved to my satisfaction.  I was a former member of Rumford Little League Board and they play back there and I’ve spoken to them about this as well.  Mayor Larisa says they are getting a $500 contribution for there inconvenience and the bottom line is they are happy with everything.

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

Councilman Miranda receives unanimous consent to change the regular order of business to Communications.

Christian Morris, 226 Wilson Avenue, East Providence

Requesting to address the Council re: City Tennis Courts and Glen Lyon Park.

Christian Morris is present and sworn in the by Asst. City Solicitor.

Mr. Morris has pictures he’d like distributed to the Council.  Wants to thank Council for allowing him to express the benefits and concerns of mine as well as the community.  I am a seven-year head coach of boys and girls tennis in Pawtucket.  Was also a coach at St. Raphael’s Academy and Tolman High School.  I participate in physical activity, one being tennis, which I continue to play.  The City of East Providence tennis courts are in need of repairs as seen at each facility depicted in the pictures you received.  The City has two useable sites totaling four tennis courts.  They are Kent Heights and Pierce Field.  Insufficient number of tennis courts to satisfy the community’s needs.  Need for more facilities as the population increases.  Glen Lyon Park’s third surface has not been declared a defective tennis court prior to construction.  Previous City Council supported Glen Lyon Park’s two tennis courts at the October 5^th meeting, which has been confirmed in the current plan.  High School last season had forty-two girls and use it during prime time hours and it’s not a neighborhood setting.  Need to evaluate and develop a plan of action to help preserve and extend the useful life of all tennis courts in need of repair.  Glen Park is a great plan; however, to repair the third surface of the tennis court would be an asset to it.  I’ve been involved in attending all the design review committee meetings as well as the Council meetings just trying to follow this project and hope for it’s approval for myself as well as the entire community.  I look at it for my kids as well as everyone else’s kids to have enjoyment.  The many benefits of tennis are that it can be played by all ages, it keep kids active and out of trouble, physical activity can help reduce obesity and promote good health, the tension relief from playing tennis is very therapeutic.  There may be grant money available or also could start volunteer programs to repair them.  Please honor these requests to focus on the impact tennis can contribute to a healthy lifestyle.  The third surface at Glen Lyon Park, if a second tennis court could be put there, that would settle my concerns as well as the communities.

Councilman Caine states we’ve spoken about this before.  I helped set up the Glen Lyon Park Review Committee and attend those meetings.  We’re out to bid now and the third surface is part of the bid.  Was no agreement for a second tennis court, the issue was whether there was room, space, and available funds that then they would look at doing that, that’s why we set up the Glen Lyon Park Review Committee.  In this case, there is going to be several issues, and the first one is money and where the bid comes in.  When bids are in, that’s the appropriate time to look at that particular issue and see if there is money.  With respect to the rest of the tennis courts in the City being in disrepair, you know Joe Crook, you can contact him and work with him on that.  If grant money is out there and you want to help to obtain it, we’d be happy to have your help with it.  Question from Dept. of Parks & Recreation perspective, what do they have planned for other tennis courts.  I’ve played on the High School court before, I don’t know what’s wrong with them.  My family and I play there all the time as well as the one at Seekonk High School, we play at a number of different courts.

Mr. Morris states he believes that four tennis courts for the entire community is unsatisfactory.  At the high school, during priority time, you have the boy’s and girl’s tennis team there and it’s not in a community setting.  Why can’t we have them in our own neighborhood?  We have two that exist already, why are they being taken away.

Councilman Caine states we’ve been through this before, it’s space and money.  Glen Lyon Park is intended to be a multi-sport facility, walking paths, baseball fields, soccer, a playground, tennis, basketball, and all sorts of things.  There is no room to put six or eight tennis courts.  And the third court perspective, I still have an issue with where it’s placed, next to the right field of the senior league ball field.  It’s not a tennis facility, wasn’t meant to be a tennis facility.  Yet until the bids come in, no determination will be made.

Mayor Larisa states that funding could be an issue.  If the bid comes in under and they can fit it, you’d have a pretty persuasive case to go with the other court.  If the bid is over, then things would have to be cut.  Councilman Caine’s point is forget the added court, we’ll have to cut other things around the park.  The appropriate time for you to be back here is after the bid comes back.  Then we could put you back on the docket. Councilman Caine states once bids are in, the Glen Lyon Park Review Committee has to meet to go over them first.

Mayor Larisa states that may solve your problem on whether you need to come back here or not. 

BettyAnn Perry, Sheila Cruikshank, Scott Cruikshank, Amar D. Singh, Carlos Pereira, Elizabeth L. Perry, Faith A. Needham, and Jeanne Maradhan, Harding Ave.

Requesting to address the Council re: neighbors purchasing lots on Harding Avenue

Scott Cruikshank is present and sworn in by the Asst. City Solicitor.

Mr. Cruikshank speaks on behalf of the group.  Would like to thank the Council for their consideration.  We represent a group of homeowners and tenants that wish to purchase the lots on Harding Avenue, Map 313, Block 13, Parcels 15 & 17, to preserve it for parking and open space.  The land has been used for many years for parking.  The lots on Harding Ave. are small so there is very little space available, if any, to park cars.  The street is very narrow, only 15 feet wide in front our house.  The City has banned parking to ensure fire trucks and other emergency vehicles can get through.  We depend on this property for parking.  Sale of it to a third party would cause severe negative impact on the neighborhood.  About twelve cars park on these lots now.  If they couldn’t park here, they would have to find off street parking up to several blocks away.  If we parked on Harding Ave., which is now banned, fire trucks couldn’t get through, as well as snow plows.  If we had to park several blocks away, this would cause hardship to elderly residents with failing health and several women would have to walk several block in the dark and I’m not sure what they would do if they couldn’t park where they currently do now.  This would also preserve open space, as additional houses would crowd this already congested area.  We want to voice our opposition on the sale of this land for development and will take the necessary legal steps necessary to block any sale or subsequent building activities.  We don’t want to do this; we believe that the City officials have the best interest of the residents in mind.  We understand that the City wants to obtain revenue from the sale of this land that’s justified.  Our proposal is to buy it.  We currently have commitments from five owners of six residences that surround the lots and are actively trying to get a sixth owner involved.  We would stipulate in title and deed that the land would never be built on, that it would remain as open space for parking and recreation purposes.  We’re not asking for handouts, just fair and just consideration.  As current taxpayers, we have a history of needing this land and would be most severely affected by sale and development.  We believe the sale of this land would also benefit the City, providing revenue from sale, provide future property taxes, increase taxes for elevated property values of homes, and would relieve the City of liability of ownership, and if the community owned the land, we would be able to beautify and maintain it.  Two alternatives that you may have thought of is to do nothing with it, or to sell it to the highest bidder for development, which may seem attractive to the City to generate additional revenue, but the potential profit may not be as big as it seems and would also be done at a great cost to the neighborhood.  There have been repeated attempts in the past to buy the property and all have been denied, based on public safety and hardship to the neighborhood.

Councilman Midgley states he knows the area very well.  When the City was first considering selling these properties, we knew the negative impact it would have to the community in that area so we took them off the market.  We knew it would just be a matter of time before it came up again.  I went down to Harding Avenue recently and spoke to Ms. Perry and my idea was that since the lots aren’t going to be cheap, is to have as many people participate as possible and the less it would cost to acquire it and the more it would improve your property values.  I want to preserve the quality of life in that area.  To sell the lots to a builder would have a devastating effect on them.  I spoke to the Planning Director and others, and some have different views on what should be done, but whatever the price is, it won’t be cheap, but there are people who want to buy it.  Hopefully, we can come to an agreement and hopefully, the people there will be satisfied, their concerns, wants, and needs.  You have my support to the extent we’re not going to give away the property, but I think if we can come up with a reasonable compromise, and if the best interest of the City is thought of, I believe it would be in the best interest of the City to consider the request of the abutters first.  I cannot speak for everyone else here, but that is my view on this.

Councilman Caine states there are a couple of things he wants to mention.  First, for over fifty years, people have been parking there and no one is paying taxes on it and at the last meeting, stated we should have a parking tax on any City-owned property that is going to be parked on.  Secondly, also raised the issue at the last meeting whoever bought property in that area and didn’t have parking, that’s what you bought, you bought it without parking.  We understand you want to fix the issue of parking down there, but from our perspective, the issues are budgetary impact as well as the rights of the neighbors.  That’s my negative part.  The positive part is that I agree with Councilman Midgley that it’s not going to be inexpensive, believe that those lots are relatively valuable.  Have lots of things to spend money on and the idea for this property as well as other pieces of property is to try to raise as much money as we can to help fix some budgetary restraints.  Am not and don’t object to the rights of the neighbors to have a crack at it, as long as the value is the same, I’d rather sell it to the neighbors.  The first thing we need to think of from the City’s perspective is we need to raise money and second, is to take a look at the neighborhood to make sure it doesn’t have a significant impact.  I have no problem with seeing if the neighbors can come up with something that is based on fair market value.

Councilman Miranda states that when I was involved with Bentley Street, I said the same thing, let the neighbors have first shot at it and that’s where I stand with this issue.

Mayor Larisa asks what were the assessed values of the lots?  Mr. Cruikshank states $58,000 and $50,000 at the time of the last assessment.  Mayor Larisa states this is an instance where assessed value is nowhere close to market value.  Mayor Larisa also states I’m in general agreement with Councilman Midgley on this, but one thing he suggested at the last meeting was maybe there’s a way to solve this, if the logistics work, with just one lot being sold.  We tried that at the other end of Harding Ave., where we had no choice because only one was a City owned lot and someone owned the other lot, I know that’s not been resolved yet, but the neighbors worked out a way that if they had to, one lot would serve their needs and they would have to get off the other lot because someone else owns it.  Have you looked into the logistics if one lot would solve your issue, I believe one lot is 5,000 sq. feet, the other lot is about 7,000 sq. feet?  Mr. Cruikshank states there is about twelve cars that park on the lots, and only about 7 cars can fit on the biggest lot. 

Mayor Larisa states Fire Chief had issues regarding the other end of Harding, and said they need that for a fire lane and that needs to be figured into the mix too on whether we do anything out there.  Would hope that 12,000 sq. feet of lot is more than you’d need for 12 cars.  Again, one other thing is that all house there are within the CRMC setback, there is nobody meeting it, so anybody who went in for an application would say look left, look right, we’re all on the water.  CRMC may say they’re grandfathered in, but they also may take a close look at what the characteristics of the surrounding area are and someone asking for a variance, you’re not going to be able to show this is a special exception that nobody around here has.  That’s the way the whole neighborhood is and I wouldn’t put all your eggs in that CRMC basket. Mr. Cruikshank states we’re genuine that we want to make an offer and work with the City to buy it. 

Mayor Larisa states he and Councilman Caine have the same issue and we’re befuddled.  And more befuddling on your end, how did anyone get a mortgage without showing on his or her deed parking for two cars?  Talk about lawyer malpractice cases against people, I mean your house isn’t worth nearly as much with two cars of legal parking as it is when you have to park far away. How did that ever happen?

BettyAnn Perry, 20 Harding Avenue is present and sworn in by the Asst. City Solicitor.  Ms. Perry states that when my father tried to buy the lot in front of my house, which isn’t completely full, it only goes back so far, the City said it would never be sold because there was a house on it and the hurricane blew it down and back then, grandfather rights where the house blew down and you couldn’t build back on it. So they told my dad he couldn’t.  My father filled a little of the land in so we could park there and my father was fined.  He paid the fine and tried to buy the lot again.  Was still told no.  If you go down on the beach and look in front of my house where the lot is, if they were to build, they would have to build a big seawall because that land, if you go to the beach on Beach Avenue and look up, on both lots, there’s no dirt there.  Mayor Larisa states CRMC said subject to severe erosion in a big storm.  Ms. Perry said in 1992, the lady passed away and the City bought the lot and that the City was going to sell them and each lot was suppose to go for $40,000.  I just came home from the military and I went to buy the lot in front of my house, the stipulation was for parking and nothing else, and we weren’t even going to fill it in because it only goes back so far then there’s a big dip, then nothing else is there.  We just want it for parking and City said the same thing, no, we’re not going to sell this land.  And we understand it is waterfront property and what we’re trying to say is I spoke to the woman upstairs and blueprint has it a certain amount of feet and I feel if the City went down and measured everything and see how it really is, there’s a big difference.  I understand it has to go for market value but if CRMC said in 1996 that it really shouldn’t be built on, how can it be built on?  Mayor Larisa states CRMC didn’t say it shouldn’t be built on, they said it would require variances and they do give them. The point you should be aware of is that one of the biggest criteria in whether they give a variance is look left, look right, what do the houses look like and they’re all within that 50 foot setback.  Maybe a lot of them didn’t get variances because CRMC only existed since 1971, so if those houses were built, they are grandfathered in.  But they consider whether we should let them get in under the pre-1971 rule is largely dependent on what they call the character of the neighborhood.  That’s why I said not put all your eggs in that basket and the language about sub-standard and severe erosion, it makes it tough, but doesn’t make it impossible.  Like you said, if these lots are worth six figures, and someone wants to come in and spends twenty or thirty thousand dollars and put up the seawall, it can happen. And there’s a lot of this stuff like this going on down at the Terrace and has been for a lot of years.  And CRMC gives them variances down there because you look left, you look right, and everybody is within the coastal zone.  The map shows that these are actually big lots, compared to the lots next door, the lots across the street, and the lots on the side, the square footage, the depth and the frontage.  It’s a tiny lot by City standards, but it’s a big lot by the standards on Harding Avenue.  Even at 52 feet.  The first thing we need to do is have the Assessor to give us a ball park, fair market value just to start with and I don’t know where we’d proceed from there.

Mr. Cruikshank states in 2004, the Planning Board recommended against the sale, and only been one year since that recommendation was made.  I would like to ask how there’s been such a turnaround in the feeling of the city’s administration, the Planning Board, and City Council and what the reasons are for the turnaround.  Is it completely fiscal?  Mayor Larisa reads the letter from the Planning Board and states and it doesn’t seem to say they wanted to deny these parcels being sold.  I believe it says the request of yourself, to buy it, not to put it out at fair market value at a public bid for development.  Mr. Cruikshank states the reason for that is given, there’s no other justification for not allowing sale.  Mayor Larisa states that they said the real reason was way back in 1997, that the Council didn’t want to sell them for that reason.  Mr. Cruikshank states those were the justifications for not selling them last year as well.  Mr. Conley wants to clarify this.  Your request wasn’t to buy the lots, the request was to buy a 30-foot wide portion of the property measuring approximately 4,550, which straddled the common boundary line.  You’re misreading the last sentence, what it says is at the time, referencing back to 1997, the Planning Board notes that the City Council decided in March 1997 that it did not want to sell these parcels.  It’s explaining, the next sentence doesn’t say its the Planning Boards position in 2004, what it says is that the rationale of the Council in 1997 was that the lot provided off street parking for abutting property owners which is otherwise unavailable.  Mr. Cruikshank says that is correct.  Mr. Conley says what it’s saying is back in 1997, the City Council had essentially the same kinds of concerns that your expressing now, the City Council decided to take it off the market because it provided off street parking and had value with open space in a densely populated area.  It didn’t reaffirm that in 2004 it merely provided explanation as what the Councils rationale was in 1997.  Mr. Cruikshank says the next line reads for the reasons outlined above, the Planning Board recommends that the request to purchase city-owned property be denied.  If that’s not the reason, then what is?

Mayor Larisa states the Council clearly in 1997 said no sale at all.  Now the Council in 2005 is looking at this.  But your request, at that time, no Council would say to do, straddling both properties, taking away the main value, and leaving both sides un-developable, would be a good way to get a little piece for low dollars and prevent it from ever being developed.  That is not the proposal before of us tonight.  That’s what they were denying in this.  We need to find out where we go from here to find a fair market value to see if you’re in the ballpark on purchasing.

Councilman Midgley recommends that the City Assessor go down and assess the property and come back to us and let us know what he thinks they are worth.  Then we will have something to go by and see if it is reasonable to the neighbors and abutters.  Mayor Larisa states that you will be notified by Councilman Midgley what the fair market value is.

Stephen Furtado, 17 Mason Street, East Providence

Requesting to address the Council re: neighboring residents of the Tristam Burgess property request the City Council to change the zoning from R6 to R4-Single Family.  Petition will be presented.

Stephen Furtado is present and sworn in by the Asst. City Solicitor

Mr. Furtado states he has a petition signed by thirty-one neighboring residents of the Tristam Burgess School area, which is now vacant property and is up for sale.  We’d like to change the zone from R6 to R4 single unit stipulation to be more in going with the neighborhood feel.  Many of us have been here a long time and it’s a true neighborhood and we’d like to keep that feel.  At the last meeting, understand you’ll be looking at proposals, and we want to let you know how we feel so that if when you’re looking at these proposals, someone may come in with an idea of an apartment building or something like that, but it’s not fitting as to what we want in our neighborhood.  We want what is best for the neighborhood and the City.  A lot of people mention they wish it could be a park, but we need the revenue, we understand that. 

Councilman Miranda states he is well aware of this.  Neighbors were up in arms when said this was R6.  Advised Mr. Furtado to talk to the neighbors.  Spoke to Jean Boyle on this. The beauty of the RFP is that the Council will control and say what is going to go there.  So until the RFP comes in, you can be assured by me, I don’t think it should be an R6.  A lot of contractors may not like what I have to say, but that’s the way it is.  They want to build duplexes and run, I think we owe it to the neighbors in that area and we’re not going to do anything to hurt them.  Will keep you informed when the RFP’s come in.

Motion by Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to accept the petition.

On motion of Councilman Miranda, seconded by Councilwoman Perry, it is unanimously voted to return to the regular to the regular order of business.

CITY MANAGER’S REPORT (continued)

2.  Request for Show/Cause Hearing – Simon Karam, S. Karam, Inc. d/b/a Broadway Mart, 1049 South Broadway, East Providence

Acting City Manager Conley states a couple of meetings ago, issue Sunday/Holiday sales license to 1049 South Broadway with specific stipulation that no deliveries occur between the hours of 10pm-7am Monday-Sunday.  The applicant under oath testified that he would abide by that stipulation.  There were also neighbors present who also requested that stipulation.  We received reports from the Police Dept. that stipulation is not being complied with; therefore, I request that the Council allow us to issue a notice for show/cause hearing to hear why the license should not be revoked. 

Mayor Larisa states applicant seemed very confused, and I think three or four times with the times, I think it was to do with the bread trucks.  We made it perfectly clear to him that no deliveries occur between 10pm-7am and he said yes.  Councilman Midgley states he thought that when he left, he was like yes, sure.  The Mayor states when we would say 7am, he said he would agree, but then he said the bread comes in at 6am.  The Mayor states you heard us say now it has to be 7am, it’s now going to have to come in at 7am now, and he said yes he understood. 

On motion of entire Council, seconded by entire Council, a motion is made for show/cause hearing.

3.  Rose Larisa Memorial Park ADA Ramp Bid Award

Mr. Conley states this is the recommendation for the bid award for handicap access ramp project at Rose Larisa Memorial Park.  Recommending to award bid to Dare, Inc. for $131,833 to include the add alternate for the concrete footing and slab work for bandstand and the repair work to the corner retaining wall.

Mayor Larisa states he has great interest in this project.  After several meeting today, good news and bad news.  The bid was considerably higher that I thought we’d get and considerably higher than the landscape architect thought, but the competing bid was $242,000, so the $125,000 doesn’t look too bad.  We have the money in the Rose Larisa Memorial Park account, Jeanne Boyle also got us an extra $50,000 that we have to match; unfortunately, there will be another $81,833 that has to be spent in addition to the $50,000.  We thought was going to be enough with a contribution from our landscape architect to cover this, but it is in the park account just being depleted a little more than at least one of us would like.  To also note, the Recreation Dept. is stepping up to the plate.  We are deleting $5,000 in planting and $1,800 for repairs to the irrigation system.  Joe Crook and his crew are going to do that. We discovered in the corner where the handicap access is going, the retaining wall is in serious disrepair and while out there, for $5,318 they can fix it, so there was no question to get them to do it now.  If we put it out to bid separately, it probably would have been a lot more.  And finally, one that was optional, buy while they’re out there, was to do the slab and concrete work for the amphitheatre, which along with the concession stand, was unanimously approved by the Rose Larisa Memorial Park Committee and the Carousel Park Commission at a meeting held a week ago, that $8,135 which is a pretty reasonable price, and Joe Crook with Parks and Recreation, has already ordered the amphitheatre and is going to pay for it within his budget with his people to construct it so that this summer, so we’ll have a beautiful amphitheatre down there with concerts.  Now we have the $131,833 which is being proposed here tonight which gets us the handicap access, the grand opening around Memorial Day of the stairs and hopefully the handicap access at the same time and gets us the pad for the amphitheatre and Joe Crook and Recreation will take it from there.  Good news, this beautiful park is going to be even more beautiful and I’ll answer any questions on this or ask for a motion.

Councilman Miranda has question on the ramp, understand that the contractor is contributing some money and you have some concerns with this.  What is the status of this?  Mayor Larisa still 100% behind that, will need Council’s support on that.  Over the next two weeks, will be working with the City Manager and Solicitor on this, we’re not giving up on it.  What we’re doing here tonight, everyone agrees, is to fix the problem.  Then we’ll try to recoup the money, doesn’t mean with lose our rights, we just need to agree to enter into the contract, pay the contractor, and then consider our legal options on the issue you raised.  I’ll be back with a full report at the next meeting on what we have to do, whether we reach an agreement, how much money we get, or whether we have to take other actions.  Refer to your name being with me on that issue, on getting compensation from the landscape architect. 

Councilman Caine states issue tonight is to get ramp going and getting it opened. There are lots of other issues still out there that we’ll need to deal with.  Just trying to get the ramp done to get this thing rolling.

Mayor Larisa states will be skipping next my item coming up on the concession stand, which I’ve been fighting for with the Rose Larisa Memorial Park Committee unanimously for four years now.  We haven’t given up, I still think that it is the perfect spot for the concession stand, right on the bay, people having clam cakes and chowder by Ri-Da’s probably in the future, as the committee voted a long time ago, we just haven’t been able to get the funds to match up with the plans twice, but I met with another contractor today and meeting with them every week to get that final cog in the park done which I think will really make this a showcase between the carousel and the beach for years to come.  That’s not part of tonight’s discussion.  Tonight is the handicap ramp, the solution to the amphitheatre, and we go from there with the concession stand being the last great piece. 

On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to accept the low bid on the Rose Larisa Memorial Park Handicap Access Ramp for $131,833 with modifications on amphitheatre.

Mayor Larisa receives unanimous consent.  There’s an individual leaving the Planning Department on Friday, who I can say we would have never gotten this far without him and that is Zac Gordon.  He’s been the Planning Department’s voice on this project ever since we started planning it, meeting after meeting with the commission, Will Gates, and all the way to the end fighting to get this beautiful park done and he’s played a major role in that.  He is leaving for North Carolina on Friday and we’ll miss him.  Zac Gordon steps up and wants to thank the Council, it has been a blast the 9 years I’ve been here working with you and with the best Planning Department in the State led by Jeanne Boyle and the people I’ve worked with. Had the opportunity to work on some great projects, parks and carousels, and all kinds of things.  It’s just been a pleasure for me and I’m not a Townie, I’m not a native, but I feel like there’s part of my heart here now and I’ll be keeping track of what goes on here.  Look forward to coming back to visit and seeing how things are developing.  Again, thanks to council and everyone I’ve worked with.

Councilman Miranda receives unanimous consent.  Received letter from City Manager from James Auto Body.  For so many years, they have been appraiser in the City.  Unfortunately, they’re not going to be any longer.  Would like Council’s approval for the City Clerk to send a letter to Mr. Costa for the fine job he’s done for all the years he was City appraiser.  He’s done an excellent job. 

Councilman Miranda also states that underneath the Broadway Bridge, there are more pigeon droppings there, it is terrible.  Can’t remember the last time it was cleaned.  Believe they tried to clean it another time, but something needs to be done about it.  Would like City Manager to send out a letter to try and get this cleaned.

Councilman Midgley just wanted to say that dealing with Zac Gordon has been a pleasure.  He’s one of the people here that has made a great contribution to the City.  And for all nights for the cameras not to be here, one of the most dedicated planners we have saying goodbye, it’s a real shame they’re not here. I will miss Zac, he’s been great to work with, always a gentleman, and always has great ideas.

B.  REPORTS OF OTHER CITY OFFICIALS

1.  Claims Committee (by William J. Conley, Jr. City Solicitor)

Mr. Conley asks for a motion to defer.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to defer until the next meeting.

2.  Lease of Concession Stand (by Sharlene Damiani, Chairwoman, Carousel Park Comm.)

Mr. Conley states that the Council previously approved tonight the license transfer from Ri-Da’s to that location and that will allow the Carousel Park Commission to lease the stand to the Ri-Da’s for this season.

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

C.  COUNCIL MEMBERS

1.  Sabin Point Beach Cleanup Saturday, April 23^rd  (By Mayor Larisa)

Mayor Larisa states the annual beach cleanup will be held at Sabin’s Point on Saturday, April 23, 2005 between 9am-12pm.  I’ll be there then to help clean the beach up, usually get around 20-30 people there, it’s a good time and you leave with a clean beach.  And you get to look at a vision of a beach from tip of Sabin’s Point all the way to the tip of Rose Larisa Memorial Park, a one-mile beach I hope we’ll be swimming in someday.

Councilman Midgley states he received a call from a resident concerned with the abnormal high tides we’ve had and the debris that’s come up on the beach.  From tip of Terrace to the tip of the Rose Larisa Memorial Park has had a lot of debris and they’ve been piling it up and there is no way to get it off the beach.  Asked for our assistance.  I explained to them and Steve Mutter was in contact with another resident down there, we just don’t have the facilities to go down the beach.  If we send a truck down and it got stuck, how would we get it out?  Wondering if a joint effort with national guard to coordinate a training exercise with the pickup of the debris on the beach.  They have the equipment.  If we could come up with some way to help them out with this.  Mayor Larisa states we could have the City Manager look into seeing if there is a way of accessing Beach Road with a truck, maybe from another town or the state, that can go onto the beach to remove the debris there.

D.  INTRODUCTION OF ORDINANCES 

(If given first passage, can be referred to the next    regular Council meeting to be held on May 3, 2005 for a public hearing and consideration of final passage).