I. CONSENT CALENDAR

A.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

B.  RESOLUTION - Town of South Kingstown - Resolution calling for the establishment of a Joint Pension Review Committee.

C.  LETTER - Town of Glocester - Letter in opposition to House Bill # 7280, “An Act Relating to Statutes and Statutory Construction – Publication and Distribution of Acts”.

D.  ALCOHOLIC BEVERAGE LICENSE - CLASS F-1 -  April 22, 2006 and April 29, 2006

St. Francis Xavier Church, 81 North Carpenter Street

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

II. APPOINTMENTS

Municipal Court Clerk   (By Mayor Larisa)

Helen Clancy, 12 Pearce Avenue  (02915)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

Beautification Committee

1) Alyce Arden, 142 King Phillip Road (02916) (Reappointment by Councilman Caine)

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve.

2) Jacquelyn Bourne, 12 Marietta Street (02914)  (Reappointment by At-Large-Larisa)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

3) Celeste Radock, 25 Bourne Avenue (02916) (Reappointment by Councilwoman Perry)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

4) Tracy Oliver, 7 Jackson Avenue (02915) (Reappointment by Councilwoman Perry)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

Cancer Control Task Force (By Mayor Larisa)

1) Paulette Rainey

On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve.

2) Mark Dauphinee

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve.

III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1)  B-Full Privilege Victualer Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Ruelas, Inc., d/b/a Margaritas, 230 Newport Avenue

*Letter of Objection received from the following:

R. Kevin Horan on behalf of The Children’s Place

After further discussion, on motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to defer this matter to the May 2, 2006 Council Meeting.

2)  Vict/Over 50  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Ruelas, Inc., d/b/a Margaritas, 230 Newport Avenue

After further discussion, on motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to defer this matter to the May 2, 2006 Council Meeting.

3)  B-Limited (Transfer of Stock Only )  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Div. of Taxation, and Fire Marshall.

Horton’s Seafood, Inc., d/b/a Horton’s Seafood, 809 Broadway

Attorney Charles McCarthy and Heather Coogan are present.

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

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

4) Vict/Not Over 25  (Transfer of Stock Only )  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Div. of Taxation, and Fire Marshall.

Horton’s Seafood, Inc., d/b/a Horton’s Seafood, 809 Broadway

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

LICENSES NOT REQUIRING PUBLIC HEARING

5) Vict/Not Over 25  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Khalid Khan, East Bay Convenience, Inc., d/b/a East Bay Food Mart, 244 Taunton Avenue

No one is present representing East Bay Food Mart.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to continue to the May 2, 2006 Council Meeting. 

6)  Vict/Not Over 25  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Joseph Braga and Kristen Braga, Willett Ave Subway, Inc. d/b/a Subway, 1086 Willett Avenue

Joseph Braga, 17 Juniper Hill Drive, Coventry and Kristen Braga, 50 Coit Avenue, West Warwick, are present and sworn in by the City Solicitor.

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

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV. PUBLIC HEARINGS

1)  HIGHWAY ABANDONMENT – SOUTH BLOSSOM STREET

Petition for highway abandonment on South Blossom Street

Petitioners:  Christopher P. Gasbarro, Anna L. Gasbarro, and Barrington Liquors, Inc.

Attorney:  Martin P. Slepkow, Esquire

Advertised - East Providence Post – March 31st, April 7th & 14th 2006

Notices sent to Utility Company – October 5, 2005

Notices served on abutters –  March 25th and  March 27th  2006

Attorney Wayne Kazarian is present to represent the petitioners.

Attorney Martin Slepkow is present to represent Mark Investments.

The meeting is open to public comments.  The following people are present and are sworn in by the City Solicitor:

Mark Zito, 149 South Rose Street

Jim Abrahms, 61 Caitlin Avenue

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

Motion to change the order of business made by Councilwoman Perry, seconded by Councilman Caine to move up the Resolution for South Blossom Street.

RESOLUTION

The following is a resolution requesting abandonment of South Blossom Street

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon South Blossom Street from Warren Avenue to Route 195 to its terminus as shown on a recorded plat of land entitled “Bay View Terrace Building Lots, East Providence, Providence, Co. – R.I. Owned by Warren and Moody Surveyed May 1905 by H.E. Jenks” and on Tax Assessor’s Map 407 on Block 1 & 2 dated December 31, 2004 situated in East Providence, County of Providence, State of Rhode Island.

WHEREAS, said petition, having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on April 18, 2006:

It is hereby ORDERED, ADJUDGED, and DECREED that South Blossom Street from Warren Avenue to Route 195 to its terminus as shown on a recorded plat of land entitled “Bay View Terrace Building Lots, East Providence, Providence, Co. – R.I. Owned by Warren and Moody Surveyed May 1905 by H.E. Jenks” and on Tax Assessor’s Map 407 on Block 1 & 2 dated December 31, 2004 situated in East Providence, County of Providence, State of Rhode Island, described as follows:

That certain parcel of land situated on the northerly side of Warren Avenue in the City of East Providence and State of Rhode Island, said parcel being further bounded and described as follows:

Beginning at a point, said point being at the southeasterly corner of the herein described parcel, and being located on the northerly street line of Warren Avenue approximately 143 feet west of a Rhode Island State Highway Bound on Warren Avenue (Station 33+19.95,22’ Left) and labeled as Point of Beginning on the enclosed plan titled “Property Description Plan”, dated March 10, 2006;

Thence running northeasterly 15˚18’02”, a distance of 265.26 feet to a point;

Thence running northwesterly 74˚37’18”, a distance of 50.04 feet to a point;

Thence running southwesterly 15˚18’02”, a distance of 262.16 feet to a point;

Thence running southeasterly 71˚04’01”, a distance of 50.10 feet along the northerly street line of Warren Avenue to the place and point of beginning;

Said abandon road parcel containing 13,187 s.f. or 0.31 acres of land and is shown on the enclosed plan entitled “Property Description Plan”, dated March 10, 2006 be and is hereby abandoned as a public highway by reason of the fact that South Blossom Street from Warren Avenue to Route 195 to its terminus as shown on a recorded plat of land entitled “Bay View Terrace Building Lots, East Providence, Providence, Co. – R.I. Owned by Warren and Moody Surveyed May 1905 by H.E. Jenks” and on Tax Assessor’s Map 407 on Block 1 & 2 dated December 31, 2004 situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public, said abandonment to be subject to (1) the preparation and granting of an easement to Verizon to retain the facilities (utility pole and overhead wires) on-site (which will be relocated a short distance from their present location on-site as shown Plan Sheet 6 of Walgreens LDP Master Plan), said easement to be recorded along with the Final Plan in the City’s Land Evidence records and (2) the preparation and granting of an easement to New England Gas which includes a metes and bounds description or surveyor’s drawing indicating the location of the proposed easement, said easement to be recorded along with the Final Plan in the City’s Land Evidence records.

It is further ORDERED, ADJUDGED, and DECREED that after due appraisal, it is determined that there is no damage sustained by the abutting property owners by reason of said abandonment, and, therefore, no award of damages shall be made; and

It is further ORDERED, ADJUDGED, and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described, having thereon the words “Not a Public Highway”; and

It is further ORDERED, ADJUDGED, and DECREED that after entry of this decree the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County, and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said South Blossom Street as hereinabove described who is known to reside within this state.

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the resolution.

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

Motion by Councilman Caine, seconded by Councilwoman Perry to return to the regular order of business.

V. NEW BUSINESS

A.        CITY MANAGER’S REPORT

1)  Memorandum of Understanding

A motion is made by Councilman Caine, seconded by Councilwoman Perry to approve the memorandum of understanding by amending paragraph #7 by changing the word “reduce” to “adjust” and the third line of paragraph #7, change “$270,000” to “$220,000” and that  a copy of the amendments be sent to the Superintendent and School Committee.  Roll call vote as follows:

Motion passes 3 to 1.

2)  Status of the Turner Reservoir Raised Walkway

Defer until next meeting.

3)  GeoNova Status Update

Ms. Boyle states the plans have been submitted to the Waterfront Commission.  At the next meeting, suggest that the representatives from GeoNova give a brief presentation to the Council.  This will not be a public hearing; there will be a number of public hearings held by the Waterfront Commission as this proceeds.

4)  Revaluation and Reappraisal of Taxable Real Estate

On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to award bid to Vision Appraisal.

5)  Executive Session - Collective Bargaining Negotiations

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations. 

B.        REPORTS OF OTHER CITY OFFICIALS

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

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

C.        COUNCIL MEMBERS

"List of Names from the East Providence Democratic City Committee regarding list of names for consideration for appointment to Canvassing Authority" (By Councilman Midgley)

Councilman Midgley reads a letter with a list of names from the Chairman of the East Providence Democratic City Committee for consideration of appointment to the Canvassing Authority.  Mr. Midgley states we will also get a list from the Republican City Committee and make our decision.

D.        RESOLUTIONS

The following is a resolution authorizing the Director of Finance to borrow $1,500,000 in anticipation of City revenues

SECTION I.  Pursuant to Section 45-12-4.3 of the Rhode Island General Laws and Section 4-22 of the Charter of the City, the Director of Finance is authorized to borrow during the fiscal year ending October 31, 2006 up to $1,500,000 in anticipation of City revenues constituting sewer user charges as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law. (Requested by: Director of Finance)

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to dispense with the reading of the resolution.

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