CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
AUGUST 28, 2001
The City Council meets in the Council Chamber on Tuesday, August 28, 2001 and is called to order at 7:40 p.m. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. )
Rolland R. Grant ) Council Members
Peter F. Midgley )
Norman J. Miranda ) (Present at 8:10 p.m.)
Patrick A. Rogers )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
The Invocation is led by Mayor Larisa. The Salute to the Flag is led by Mr. Midgley.
1. Approval of Council Journals
Regular Meeting - July 17, 2001
Closed Session - July 17, 2001
2. CRMC #01-06-001 - FINDING OF NO SIGNIFICANT IMPACT
C/MA 16' X 32' in ground pool and surround fencing, located at 47 Carousel Drive, East Providence, RI. In accordance to plans submitted. Plat: 414/1 Lot: 7. (Michael & Leigh Eddy)
3. CRMC #A01-6-48 - RESIDENTIAL ASSENT
Applied for assent to: conduct landscaping, site grading/earthwork, construct 16' long concrete wall at garage, stairs, located at Plat 414/23, Lot 4; 6 Riverside Drive, East Providence, RI. (Dianna Gibbs)
4. CRMC #01-06-55 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace front porch, windows, strip and reshingle roof and add dormer on front of dwelling, located at 305 Terrace Ave., East Providence, RI., Plat 415/8 Lot: 1. (Frederick and Helen MacDonald)
5. CRMC #01-06-56 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to strip roof and replace shingles, located at 45 Terrace Ave., East Providence, RI., Plat 414 Lot: 3. (Eleanor Barbosa)
6. CRMC #01-6-112 - CERTIFICATE OF MAINTENANCE
Requesting to replace deteriorated porch, decking and columns, and replace windows, Plat Map:415, Block: 8, Lot/Parcel 4. (Michael & Catherine Keating)
7. CRMC #01-07-37 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace siding on dwelling and garage, located at 24 Beach Point Drive, East Providence, RI., Plat Map/PA4 Lot: 36. (Joseph L. Wahl)
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is voted 3-0 to approve the Consent Calendar minus the minutes of the July 17, 2001 Closed Session. It is noted for the record that Mr. Miranda and Mr. Rogers are absent for the vote.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is voted 4-0 to keep the minutes of the July 27, 2001 Closed Session closed. It is noted for the record that Mr. Miranda is absent for the vote.
1. Private Detective
Daniel Edward Needham - 15 Alewife Lane, East Weymouth, Massachusetts
The applicant is present and sworn. The Council questions Mr. Needham about his application and his qualifications. Mr. Rogers asks the applicant about a previous criminal charge, and Mr. Needham explains that the court dismissed the case.
Motion to approve, subject to Police Chief approval, is made by Mr. Midgley, seconded by Mr. Rogers, with a roll call vote following:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Rogers Nay
Mayor Larisa Aye
The motion fails on a 2-2 vote. It is noted for the record that Councilman Miranda is absent for the vote.
2. Laundry/Dry Cleaners
Linda C. Tavares & Lisa Abatiello, dba Laundry Works - 64 Newport Avenue
The applicants, residing at 2 Moy Street, Providence, RI, are present and sworn.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is voted 4-0 to approve, subject to approvals from Police Chief and Building Inspector. It is noted for the record that Mr. Miranda is absent for the vote.
3. Victualing/Not Over 25
Frank Medeiros, dba Bagel Zone - 615 Waterman Avenue
The applicant, residing at 88 Orchard Street, East Providence, RI is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Grant, it is voted 4-0 to approve, subject to approvals from Police Chief and Building Inspector and Health Department. It is noted for the record that Mr. Miranda is absent for the vote.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Advertised East Providence Post 8-22-01)
Recreation Grant Application for Crescent Beach Park; Centre Street Park; DelleFemine Field; Martello Neighborhood Park
Planning Director Jeanne Boyle highlights the details of the applications.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.
(Given first passage July 17, 2001)
Advertised - Providence Journal - July 20, 2001)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking." Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." by adding thereto the following: SMITH STREET, (west side) in front of house number 77, from a point 20 feet south of the Burnside Avenue intersection southerly for a distance of 20 feet..
(Requested by Director of Public Works)
There is no one from the public wishing to be hears.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to adopt the ordinance.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following: MASON STREET (eastbound traffic) at Fleming Street.
(Requested by Director of Public Works)
There is no one from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to adopt the ordinance.
1. Requests for Utility Easements
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve.
2. Requesting City Council approval to award contract for lease/purchase financing for Police vehicles
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to award the contract to Koch Financial in the amount of $176,680.84.
3. Requests for use of East Providence Community Center
Mr. Lemont addresses the Council about the requests he received from the Newman YMCA and the East Providence Boys and Girls Club for the use of space at the East Providence Community Center for daycare programs. He says that because of his involvement with the Boys and Girls Club, he thought it would be best to refer the matter to the City Council and Planning Board.
Mr. Conley says he would have to recuse himself from any discussion because of his association with the Club.
Mr. Rogers speaks on the issue. He proposes a short-term arrangement whereby the YMCA use the Community Center for one year, and during that year, conduct an RFP for the Boys and Girls Club, YMCA, Self-Help, etc. for the use of that building. He puts it in the form of a motion, which is seconded by Mr. Midgley. He says that the City Manager should meet with the two groups to try and work out an agreement where both organizations would share the building.
Mayor Larisa suggests that if the plan be adopted, the Y's lease be $1200 per month for 10 months. Mr. Lemont will choose a mediator.
Mr. Miranda says he wants Mr. Lemont to find a couple of rooms to take care of both organizations. Mr. Lemont says if the Community Center is not going to occupy space, there will be available space for the Boys and Girls Club.
Gerald Lynch, Executive Director of the Boys and Girls Club, is given unanimous consent to address the Council. He speaks about the need of his organization for more room. He says that the fire codes for daycare centers are very strict and says that the Community Center building will not be ready for the beginning of school.
Patrick Caine, a YMCA Board Member, addresses the Council. He states there are 33 families affected, and all are from East Providence.
Following Mr. Caine's remarks, the Newman YMCA Director speaks and says the Fire Marshall inspected the building and said a few repairs are needed. She says they have met all the requirements of DCYF.
Fire Chief Bessette states that there are 3 violations in the building but they are minor issues, and says they can be taken care of with relatively little work.
After further discussion, Mr. Rogers moves the motion, which is to lease the Community Center to the YMCA for 10 months commencing in September in the amount of $1200 per month for the purpose of a childcare center.
Mr. Rogers and Mr. Midgley agree to a friendly amendment which will authorize the City Manager to appoint someone as a mediator for the Community Center issue and to try to find out if there is available space for the Boys and Girls Club.
A roll call vote is taken and the motion passes unanimously.
4. City Property recommended for sale
Mr. Lemont reports that the Planning Board is recommending approval of the twenty parcels. Mr. Miranda asks Mr. Lemont to check on the status of a piece of property at the corner of Woodcliff and Luther. He says the property owners think they own the property.
After further discussion, on motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve, subject to the final approval of the Council.
5. Requesting City Council approval to award contract for Municipal Garage Additions
Mr. Lemont gives an overview of the proposed addition and the plans for the current site on Warren Avenue. Mr. Miranda recuses himself from the vote because one of the bidders, Purington Building Systems is a tenant of his.
Motion to award the contract to Purington Building Systems, Inc., as recommended by the City Manager, in the amount of $687,898 is made by Mr. Midgley and seconded by Mr. Grant. Roll call vote follows:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes on a 4-0 vote. It is noted for the record that Mr. Miranda has recused himself from the vote.
6. City Manager's Report
None
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
Claim No. 01-66 review
Pending Litigation:
On motion of Midgley, seconded by Mr. Grant, and on a roll call vote, it is voted 4-0 to accept the report as presented. It is noted for the record that Mr. Rogers is absent for the vote.
(By Mayor Joseph S. Larisa, Jr.)
New Senior Center Walking Path
Mayor Larisa comments on the new walking path at the Senior Center and invites the public to use it.
(By Councilman Peter F. Midgley)
The Road to Kingdom Come - Newport Avenue Connector?
Mr. Midgley requests that a letter go out to our Legislators and the D.O.T. to remind them that the City is very interested in seeing that this project be developed.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.
(By Councilman Patrick A. Rogers)
1. Safe Summer Program Update
At the request of Mr. Rogers, Chief Dias reports that the program has been successful and has resulted in 1,000 tickets being given out for motor vehicle violations. Discussion is held regarding the speed limits on some of the streets in the City and about the need to raise some of the limits. Chief Dias is asked to give recommendations on which streets should have the speed limit increased. Mr. Midgley asks that the secondary streets be targeted because of the number of children on the secondary streets, as opposed to the main roads.
Mr. Midgley also mentions that many people think the police have a quota on tickets, and the Chief assures him that there is no quota.
On motion of Mr. Rogers, seconded by Mr. Grant and Mr. Midgley, and on a roll call vote, it is unanimously voted to extend the program into the fall and have the Chief give an update at the second meeting in December for consideration of reauthorization of the program.
2. Centre Street Park Update/Land Acquisition
Mr. Rogers about purchasing a piece of property adjacent to the land set aside for Centre Street Park. Mayor Larisa suggests that the Council go into closed session to discuss the issue. It is decided that the meeting will recess into Closed Session at the end of the meeting.
3. Unanimous Consent - Mr. Miranda
Mr. Miranda explains that he had to attend a meeting mandated by OSHA for his employer and that was the reason why he was late for this meeting. He says he has to attend another meeting next Tuesday, and will probably be arriving at the same time as he did tonight.
1. RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR CENTRE STREET PARK Resolution No. 17
2.* RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR CRESCENT BEACH PARK Resolution No. 18
3.* RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR IMPROVEMENTS TO DELLEFEMINE FIELD Resolution No. 19
4.* RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR MARTELLO NEIGHBORHOOD PARK Resolution No. 20
On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to adopt all the resolutions on one vote.
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to adopt the Resolution for Centre Street Park, the Resolution for Crescent Beach Park, the Resolution for DelleFemine Field, and the Resolution for Martello Neighborhood Park.
The meeting recesses at 9:40 p.m. and reconvenes at 9:50 p.m.
(If given first passage, can be referred to the regular Council meeting to be held on September 17, 2001 for a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ANIMALS.", which amends:
SECTION I. Sec. 3-1 entitled "Definitions" is amended by adding thereto the following:
Enclosure means a fence or structure of at least six (6) feet in height, forming or causing and enclosure suitable to prevent the entry of young children and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent animal from escaping from the enclosure.
Vicious dog means any dog that, when unprovoked, inflicts bites or attacks a human being or other animal either on public or private property, or in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places; any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; any dog which attacks a human being or domestic animal without provocation; any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting and/or any dog not licensed according to city ordinance.
SECTION II. Article II entitled "Dogs" of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Animals" is amended by adding thereto the following:
Sec. 3-36. Registration of certain breeds of dogs and vicious dogs required.
(a) Any person having custody, ownership or control of any American Pit Bull dog, Pit Bull Terrier dog, Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier or Pit Bull mixes identifiable by the breed standards of the American Kennel Club, identifiable even if there are technical deficiencies in a particular dog's conformance thereto; or any dog designated by a licensed veterinarian as having or identifiable by a licensed veterinarian as having any pit bull variety as any elements of its breeding; and, as set out above, any dog known or identified as a Rottweiler, or any dog designated by a licensed veterinarian as having or identifiable by a licensed veterinarian as having any Rottweiler as any element of its breeding or a vicious dog as defined in this Article must register said dog with the City on a form provided by the City.
(b) Said form shall require the following information: name, address and telephone number of the dog's owner; the address where said dog is harbored, if different from the owner's address; dog sex, color, rabies certificate, tag number and other distinguishing characteristics of the dog;
(c) No such dog shall be licensed for any licensing period commencing after October 1, 2001 unless the owner or keeper of such shall meet the following requirements:
(1) The owner or keeper shall present to the City Clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000) valid for three years from the date of registration and said insurance has been fully paid for that time period covering any damage or injury which may be caused by such vicious dog or any breed of dog enumerated herein during the twelve-month period for which licensing is sought, which policy shall contain a provision requiring the City be named as additional insured for the sole purpose of the City Clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(2) The owner or keeper shall have the licensing number assigned to such vicious dog or any breed of dog enumerated herein, or such other identification number as the City Clerk shall determine, tattooed upon such vicious dog or any breed of dog enumerated herein by a licensed veterinarian or other state or city agency on the upper inner lip of the vicious dog or any breed of dog enumerated herein. Said number shall be noted on the city licensing files for such vicious dog or any breed of dog enumerated herein if it is different from the licensing number of such vicious dog or any breed of dog enumerated herein. For the purpose of this section, "tattoo" shall be defined as any permanent numbering of a vicious dog or any breed of dog enumerated herein by means of indelible or permanent ink with the number designated by the licensing authority or any other permanent, method acceptable to the Chief of Police. The City Clerk shall affix a two (2) letter prefix to the identification number in order to identify the city in which the dog was originally licensed.
(3) The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog or any breed of dog enumerated herein on the premises. Said sign shall be visible and capable of being read from the public highway.
(4) The owner or keeper shall sign a statement attesting that:
The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog or any breed of dog enumerated herein prior to the expiration of such license; and
The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced and locked enclosure for the vicious dog or any breed of dog enumerated herein on the property where the vicious dog or any breed of dog enumerated herein will be kept or maintained; and
The owner or keeper shall notify the licensing authority within twenty-four (24) hours if a vicious dog or any breed of dog enumerated herein is on the loose, is unconfined, has attacked, bitten or injured (whether provoked or unprovoked) another animal or has attacked, bitten or injured (whether provoked or unprovoked) a human or has died or has been sold or given away. If the vicious dog or any breed of dog enumerated herein has been sold or given away, the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner or keeper.
The owner or keeper shall not allow any vicious dog or any breed of dog enumerated herein to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or any breed of dog enumerated herein or to sell or give away the vicious dog or any breed of dog enumerated herein or to comply with the commands of the Animal Control Officer with respect to the vicious dog or any breed of dog enumerated herein. In such event, the vicious dog or any breed of dog enumerated herein shall be securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length and shall be under the direct control and supervision of the owner or keeper.
Sec. 3-38. Age and Fee.
(a) Any person having custody over or control of any vicious dog or any breed of dog enumerated in Sec. 3-36(a) must be at t least 18 years of age.
(b) The registration fee for said vicious or any breed of dog enumerated in Sec. 3-36(a) shall be $25.00.
Sec. 3-39 Acquisition or training of dangerous dogs prohibited.
No person shall own, train or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
Sec. 3-40. Hearing to determine if dog is vicious or violation occurred.
In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is vicious or that the conduct of the vicious dog or any breed of dog enumerated in Sec. 3-36(a) or its owner or keeper constitutes a violation of the provisions of this Article, the dog officer or law enforcement officer may seize and impound the dog pending a hearing as provided for herein. The owner or keeper of the dog is liable to the City of East Providence for the costs and expenses incurred in keeping the dog. The chief of police or his or designee shall convene a hearing for the purpose of determining whether or not the dog or owner or keeper in question has violated the terms of this Article. The chief of police or his or her designee shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the dog that a hearing will be held at which time he or she may have the opportunity to present evidence. The hearing shall be held promptly within no less than five nor more than ten days after the service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public.
After hearing, the owner or keeper of the dog shall be notified in writing of the determination. An attack or assault by the animal may be punishable by destruction of the animal. If a determination is made that any other provisions of this Article have been violated, then the owner or keeper shall be ordered to comply with any and all provisions of this Article. A time scheduled for compliance shall be established by the chief of police, but in no case shall it be more than 30 days subsequent to the date of the determination. The determination by the chief of police shall be decided upon a preponderance of the evidence.
Sec. 3-41. Penalties.
(a) Any person found in violation of Secs. 3-36, 3-37, 3-38 and 3-39 this Chapter shall be fined not exceeding $250.00.
(b) Second and subsequent violations of this Article by the dog's owner or keeper or an attack or assault by the dog on another person may be punishable by the destruction of the dog.
(Requested by: Councilman Rogers)
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to dispense with the reading of the ordinance.
Mayor Larisa announces that even though this is not a public hearing, the public will be allowed to speak on the ordinance.
For the purpose of discussion, motion to approve is made by Mr. Rogers and seconded by Mr. Miranda.
Eight people are sworn in.
Mr. Rogers speaks on the ordinance and says the ordinance is proposed to regulate the licensing of Pit Bulls and Rotweillers. He speaks about constituents that have been attacked by Pit Bulls and says this ordinance would require owners to carry $100,000 liability insurance. He also mentions that this ordinance requires these dogs to be confined.
The following persons speak on the ordinance:
Rosemary DaSilva, 22 Kensington Street, East Providence, Rhode Island, suggests using micro chips rather that tattooing the dogs.
Mayor Larisa asks Mr. Rogers if he is agreeable to an amendment to the ordinance by getting rid of the sign proposal. Mr. Rogers agrees. He also agrees to another form of identification other than a tattoo.
Ms. Phillips, American Kennel Club
Ms. DaSilva, 11 Crescent Avenue, Riverside, Rhode Island
Susan Costa, 383 Grosvenor Avenue, East Providence, Rhode Island
Brenda Hogan, 101B No. Broadway, East Providence, Rhode Island
Richard Ventriglia, 35 Plymouth Road, East Providence, Rhode Island
Raymond Altomari - 34 Arlington Avenue, East Providence, Rhode Island
KerryAnn Moreira, 67 Fenmoor Street, East Providence, Rhode Island
Karen VanGuysen, 54 Bayview Avenue, East Providence, Rhode Island
Eugene Saveory, 11 Dearborn Drive, East Providence, Rhode Island
Rita Falaguerra, 6 Glenn Avenue, Riverside, Rhode Island
Following the public comments, Chief Dias addresses the Council and mentions that several municipalities in the state have some kind of ordinance that pertain to vicious dogs.
Mr. Rogers asks for a vote on Sec. 3-40. Mayor Larisa asks Mr. Roger if he agrees to a "friendly" amendment, changing the wording of the ordinance from "vicious" to "aggressive" and eliminating any reference of particular breeds of dogs.
Following further discussion, a roll call vote is taken on the motion of Mr. Rogers, seconded by Mr. Miranda, to pass the ordinance with the change of the word "vicious" to "aggressive" and the other changes as outlined earlier.
Mr. Grant Nay
Mr. Midgley Nay
Mr. Miranda Nay
Mr. Rogers Aye
Mayor Larisa Nay
The motion fails on a 4-1 vote.
A motion is made by Mr. Rogers, seconded by Mr. Miranda, to take the changed ordinance, changing "vicious" to "aggressive" and taking out all references to any breed specific. Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Nay
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes on a 3-2 vote.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Article VII entitled "Operation of Vehicles", Subsection 18-224 entitled "Certain trucks restricted on certain streets." by adding thereto the following:
GERALD STREET
HEATH STREET
(Requested by Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS.", which amends Article II entitled "Permits" by adding thereto the following:
Sec. 4-23. Temporary Trailers and Storage Containers-Residential Areas
No temporary trailer or storage container may be placed within a residential district in the City of East Providence without first obtaining a permit from the building official. A permit for a temporary trailer or storage container shall be for a period of six months. The building official may, at his discretion, for good cause shown, grant one six month extension Said permit shall be granted by the building official for the following reasons:
1. During the restoration of a residential structure damaged by fire or natural disaster so as to allow for the storage of furniture, furnishings and other personal items.
2. During the renovation of a residential dwelling so as to allow for the storage of furniture, furnishings and other personal items.
3. At the discretion of the building official for any other appropriate reason.
Applicants for a permit for a temporary trailer or storage container must first obtain all necessary permits required to complete restoration and/or renovation construction in accordance with the Rhode Island General Laws and the Ordinances of the City of East Providence.
The fee for said permit shall be $15.00.
Sec. 4-24. Temporary Trailers and Storage Containers - Nonresidential Areas
No temporary trailer or storage container may be placed within a nonresidential commercial/industrial district in the City of East Providence without first obtaining a permit from the building official. A permit for a temporary trailer or storage container shall be for a period of six months. The building official may, at his discretion, for good cause shown, grant one six month extension Said permit shall be granted by the building official for the following reasons:
1. During the restoration of a commercial or industrial structure damaged by fire or natural disaster so as to allow for the storage of furniture, furnishings and other effects.
2. During the renovation of a commercial or industrial structure so as to allow for the storage of furniture, furnishings and other effects.
3. At the discretion of the building official for any other appropriate reason.
Applicants for a permit for a temporary trailer or storage container must first obtain all necessary permits required to complete restoration and/or renovation construction in accordance with the Rhode Island General Laws and the Ordinances of the City of East Providence.
The fee for said permit shall be $15.00.
Sec. 4-25. Size and Placement of Temporary Trailers and Storage Containers.
A temporary trailer or storage container shall have a maximum size of 4'0' in height, 4'0" in width and 8'0" in length or 128 cubic feet and must comply with a 5'0" side yard setback, 5'0" rear yard setback and be 5'0" from any accessory structure or building located on said property.
(Requested by: Law Department)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Conley speaks on the ordinance and asks that the wording of Sec. 4-25 be changed to read:
A temporary trailer or storage container which is 4'0' in height, 4'0" in width and 8'0" in length or 128 cubic feet or smaller which complies with a 5'0" side yard setback, 5'0" rear yard setback and be 5'0" from any accessory structure or building located on said property shall not require a permit. All other temporary trailers and storage containers must comply with Sec. 4-23 and Sec. 4-24.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to give First Passage as amended.
4. The following ordinance requires City Council approval for tent permits
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS"., which is amended by adding the following: ARTICLE XXI Tents.
Sec. 8-575 Tents for which license required - Application and issuance.
No tent exceeding one hundred twenty square feet (120 sq. ft.) in area shall be erected, maintained, operated, or used in the City of East Providence until a license from the City Council of the City of East Providence is obtained. The license shall not be issued for a period exceeding thirty (30) days and shall be revocable for cause.
No license shall be issued until the provisions of the section have been complied with and approval has been obtained from the Police Department and Fire Department and a permit has been issued from the Building Official in accordance with the Rhode Island Building code. The cost for this license shall be $10.00.
The City Council of the City of East Providence sitting as the Licensing Commission may approve said license on its Consent Calendar.
(Requested by: Law Department)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Conley speaks on the ordinance and suggests changing the licensing of tents from the City Council to the Building Official and that the last sentence providing that the license be approved on the Consent Calendar be eliminated.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve as amended.
5. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times." by adding thereto the following:
FIRGLADE AVENUE (south side), from Pawtucket Avenue easterly for 80 feet.
(Requested by Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve for First Passage.
6. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
LENA STREET (eastbound and westbound traffic) at Colwell Street.
(Requested by Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage.
7. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends:
SECTION 1. Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times." by deleting therefrom the following:
NORTH BROADWAY (west side), from a point 25 feet south of Wilmarth Avenue north to a point 45 feet north of Cadorna Street.
SECTION II. Article X entitled "Stopping, Standing and Parking." of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Vehicles and Traffic." Subsection 18-307 entitled "Parking prohibited at all times." is amended by adding thereto the following:
NORTH BROADWAY (west side), from a point 25 feet south of Wilmarth Avenue north to Cadorna Street.
(Requested by Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Carousel Commission
Anthony Bochichio 96 Pinecrest Drive 02915
Mayor Larisa defers this appointment.
(By Councilman Norman J. Miranda)
Carousel Beach Design Review Commission
C. Richard Costa 175 Taunton Avenue 02914
On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously voted to approve.
(By Councilman Rolland R. Grant)
Carousel Commission
Richard Robitaille 38 Mountain Avenue 02915
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
Kathleen A. Santos, 4 Thurston Street, Riverside, Rhode Island, addresses the Council regarding concerns about the conditions at Sabin Pt. Park.
Mr. Lemont is directed by the Council to report back on an update as to the 10 points that Ms. Santos addresses.
Motion is made by Mr. Grant, seconded by Mr. Rogers, to go into Executive Session in accordance with Section 42-46-5 of the "Exceptions" of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(5)[Acquisition or lease of real property]. Motion passes unanimously on a roll call vote.
The open meeting recesses at 11:56 p.m. and goes into Executive Session.
The meeting returns to Open Session at
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to authorize the City Solicitor to draft an ordinance for condemnation of the Gianlorenzo property at Centre Street and North Broadway, for the amount of $75,000, to be introduced at the next meeting.
Attest:
_____________________________________
Valerie A. Perry, CMC Approved: September 17, 2001
City Clerk