|  | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING MAY 7, 2002 | |
The City Council meets in the Council Chamber on Tuesday, May 7, 2002 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 )
Peter F. Midgley ) Council Members
Norman J. Miranda )
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 Councilman Miranda.
Angela Sansouci, Merandi Reporting, is present to record the proceedings of the Public Hearings.
Mayor Larisa makes the following announcements:
· The Bond Presentation will be deferred until next Thursday, May 16, 2002 at a Special Council meeting, beginning at 7:00 p.m.
· Before the Public hearings this evening, the agenda will be changed to allow the Communications to come before the Public Hearings.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - April 16, 2002
2. Town of Jamestown - Requesting support of resolution opposing Senate Bill S2665 Relating to Agriculture and Forestry
3. Alcoholic Beverage - Class F - May 11, 2002
St. Martha’s Church - 2595 Pawtucket Ave.
After receiving Unanimous Consent, Councilman Miranda makes a motion, which is seconded by Councilman Grant, to add a Sunday Sales license for Silva Family Tree Florist of Warren Avenue to the Consent Calendar. The motion passes unanimously.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve the amended Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Mayor Larisa and Councilman Rogers present a Citation to Ted Hurley, a fourth grade student at Myron J. Francis School, for his winning essay on the Looff Carousel. After he reads his essay, he is also presented with a Carousel baseball cap and a brass ring from the Carousel.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
Alcoholic Beverage - Class B Full Privilege - Transfer
(Advertised East Providence Post - April 18, 25, 2002)
From James Dillenbach, dba 305 Club to COD, Inc., dba Lulu’s Place - 305 Lyon Avenue
Subject to approvals of Police Chief, Building Inspector, Health Inspector
The following are present and sworn: John DeSimone, Attorney for the applicant, Anthony DeSimone, 55 Cumberland St., Providence, RI, Lou Ellen O’Neill, 201 Woodlawn Avenue, North Providence, RI, David A Civetti, Barclay St., Johnston, RI .
The City Clerk introduces a letter of objection received from Lisa & Sousa Ltd. Mr. Conley says the Council can approve the transfer but it will be subject to the debt being payed.
Mayor Larisa asks the applicants if they are aware of any Adult Entertainment that is being proposed for the 305 Club, and they state they are not.
Andrew Berg, Attorney for the East Providence Fraternal Order of Police, the owner of the property and building of the site of the liquor license at 305 Lyons Avenue. He states that his client objects to the transfer of the license, mainly because the current owner of the license and the lessor of the building, has failed to receive permission from the FOP to transfer the lease to another party.
Mr. Conley clarifies the issue for the Council and says there has to be a site for the license, and it appears that the applicants do not have a site at this point.
After further discussion, it is decided that this license and all companion licenses will be continued to the next regular scheduled Council meeting on May 21, 2002.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to continue the matter to May 21, 2002.
Victualing - Over 50 - Transfer
From James Dillenbach, dba 305 Club to COD, Inc., dba Lulu’s Place - 305 Lyon Avenue
Subject to approvals of Police Chief, Building Inspector, Health Inspector
Dance/Entertainment - Transfer
From James Dillenbach, dba 305 Club to COD, Inc., dba Lulu’s Place - 305 Lyon Avenue
Subject to approvals of Police Chief, Building Inspector, Health Inspector
Pool Table - Transfer
From James Dillenbach, dba 305 Club to COD, Inc., dba Lulu’s Place - 305 Lyon Avenue
Subject to approvals of Police Chief, Building Inspector, Health Inspector
Pool Table (Sunday) - Transfer
From James Dillenbach, dba 305 Club to COD, Inc., dba Lulu’s Place - 305 Lyon Avenue
Subject to approvals of Police Chief, Building Inspector, Health Inspector
LICENSES NOT REQUIRING PUBLIC HEARING
5. Alcoholic Beverage - Class F-1 - June 14, 15, 16, 2002 (Deferred from April 16, 2002)
St. Francis Xavier Church - 81 North Carpenter Street
Senator Daniel Daponte, 116 Ivy Street, East Providence, RI is present and sworn and speaks on behalf of the license applicant.
On motion of Councilman Miranda, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
6. Sunday/Holiday Sales (Deferred from April 16, 2002)
E.P. Firearms, Inc., 389 Bullocks Point Avenue
Kenneth Vieira, 58 Meadowcrest Drive, Riverside, Rhode Island is present and sworn.
Mr. Conley recaps the memorandum he sent to the Council regarding Sunday sales. He says that in reviewing the law, he could not find anything regarding the sale of firearms on Sundays.
Mr. Conley also states he received correspondence from the applicant’s Attorney, which includes a 9-point outline of the security system that will be in place at the business. The applicant says he agrees to a license stipulation to keep the 9 points in place and not reduce them in any way. Mr. Conley reads the list, and on motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to make the correspondence part of the record.
After further discussion, motion is made by Councilman Grant, seconded by Councilman Midgley, to approve the license for the hours of 12:00 p.m. to 6:00 p.m., conditional on the
9-point security plan remaining in place during the period of time in which the license is issued. Roll call vote follows:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Aye
Motion passes 4-1.
7. Hawker
Steven Yuppa, dba A&S Novelty - 14 Ide Avenue
The applicant is present and sworn. He states that he will be setting up at the corner of Warren Avenue and Pawtucket Avenue on the Dunkin Donuts side. The City Clerk informs the Council that there is a Peddler who is in the same location with the same dba. Mr. Yuppa states that she is his girlfriend, and has probably lost the license. Mr. Conley says that he does not need another license for the same location. He is told that the City Clerk will give him a copy of the existing license if it has been lost.
8. Victualing - N/Over 25 - Transfer
From William Frank Iadevaia to Jean P. Barros, dba Frank’s Fruit East 219 Taunton Ave.
Jean Paul Barros, 6 Jenna Court, North Scituate, Rhode Island is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
9. Sunday Holiday Sales - Transfer
From William Frank Iadevaia to Jean P. Barros, dba Frank’s Fruit East 219 Taunton Ave.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
10. Laundry/Dry Cleaners
Nicholas Lonardo, dba Rumford Cleaners - 1160 Pawtucket Avenue
Nicholas Lonardo, 84 Ash Avenue, Cranston, Rhode Island is present and sworn.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
11. Peddler - Lemonade/Ice Cream
Kent Pierce, dba Palagi’s Ice Cream -
Kent Pierce, 62 Woodburry Street, Pawtucket, Rhode Island is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of Police Chief and Health Inspector.
12. Peddler - Hot Dogs, Etc.
Nancy St. Mary, dba Diane’s Dogs, 315 Providence Street, West Warwick, RI
Subject to approvals of Police Chief and Health Inspector
The applicant is not present.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to defer to the next meeting.
13. Hotel - Transfer
From Aldor V. Glaude, dba New Yorker Motor Lodge
Krishna Realty, Inc., dba New Yorker Motor Lodge - 400 Newport Avenue
Hemant Patel, 537 Riverside Avenue, Somerset, Massachusetts is present and sworn.
Frank Lombardi, 1000 Smith Street, Providence, Rhode Island, Attorney for the applicant, is also present. Mr. Lombardi notes for the record that the transferor should be Eastern Motors Inn, Inc.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of Police Chief, and Building Inspector.
14. Gatherer
Dennis M. Hurley, 245 Becker Avenue, East Providence, Rhode Island
The applicant is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to change the order of business to hear Communications next.
COMMUNICATIONS
1. Representative Robert Sullivan requesting to address the Council regarding request for Skate Board Park
Representative Sullivan is present and addresses the Council. He presents petitions with 2199 signatures of parents and business owners, along with a letter from Rev. Thomas Unsworth of St. Brendan’s Church, which are made part of the record.
The Council gives unanimous consent to allow three speakers speak on the issue, and one additional speaker following the three. They all speak in support of a skateboard park:
Diane Selley, 48 Lincoln Avenue, East Providence, Rhode Island
Timothy, who speaks on behalf on the youth
Rev. Gene Dzlevski, Pastor of Riverside Congregational Church
Dr. Marge (could not get last name) - a Psychologist at Bradley Hospital
Following the speakers, Representative Sullivan requests that the matter be referred to the Planning Board.
Mayor Larisa speaks about the liability issues and suggests that the matter be referred to the City Solicitor for the liability issue, and the City Manager and Parks Department to consider a proposal.
Representative Sullivan agrees to sit on a committee to study the issue.
Mr. Midgley makes a motion to refer the matter to the Solicitor for further investigation. After discussion, Councilman Grant seconds the motion, and it is unanimously voted.
The meeting recesses at 9:05 p.m. and reconvenes at 9:10 p.m.
2. Multi-Purpose Recreation Center Committee requesting to address the Council.
Parks/Recreation Director Joseph Crook addresses the Council and speaks on the problems at the current center and says the committee is suggesting the Lyon Avenue site for a new center at a cost of $5.5 million. He also notes that an alternative is the Martin Middle School, if the School Department gave it up. He says a petition is circulating to get the question on the ballot, to let the taxpayers decide whether or not to have a new center built.
He says three members of the Committee are here to speak, and unanimous consent is given to the speakers.
The speakers are William Castro, William Stringfellow, and John Lewis, who speak in support of the ballot question.
After further discussion, Mayor Larisa asks Mr. Crook to provide the Council, before the Special Meeting next week) with the operating costs of the facility now and what the costs would be for a new facility.
Councilman Miranda thanks the Committee for their work and says he agrees that the taxpayers should make the decision.
Councilman Midgley says the matter should be discussed at the Special meeting next week.
3. Robert Johnson, 27 Upyonda Way, requests permission to block off Upyonda Way for the 8th annual block party - July 21, 2002 (rain date - July 28, 2002).
On motion of Mr. Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
4. Frederick A. Vinhateiro, 78 Read Street, requesting permission to block off Pawtucket Avenue from Hoppin Avenue to Burnside Avenue on May 26, 2002 from 9AM to 3PM for the 6th Annual Car Show.
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve.
5. Maryann Mathews
Requesting an update on the Waterfront Commission Status and/or plan.
Ms. Mathews is informed that the Commission will be formed as soon as the Planning Department creates a Waterfront Plan. Once that is passed into law, then the Commission will be created.
Follow-up on Auto Sales & Repair Shop on Pawtucket Avenue
Ms. Matthews is told it is in the hands of the Building Inspector.
Request a change in City Charter to be placed on the ballot.
Ms. Matthews says there are a number of changes she would like to see on the ballot.
She refers to sections 13-4 and 13-5, pertaining to elected officials holding State jobs, and 2-12 which restricts the Council making a direct request to a Department Head.
Ms. Matthews is asked to put the list in writing to the Council.
6. Elliott Deshong, 158 Lyon Avenue, requesting to address the Council re: excessive speed and noise of cars & motorcycles on Lyon Avenue.
Mr. Deshong is not present
On motion of Councilman Midgley, seconded by Councilman Grant, the matter is deferred.
PUBLIC HEARINGS
2001‑2002 CDBG Planning Process: Presentation of proposed projects by applicants for funding.
Nancy Remington says there are 17 applicants present and they will each make a brief statement for their program. The following speakers are sworn in by the Solicitor and give a brief presentation on their programs:
Kathleen Brady - United Methodist Retirement Center
Anthony Varone - Handicapped Health Housing Education Activity League
Mark Norton - East Providence Police
Sue Meyer - Boys & Girls Club of East Providence
Donna Cone - New England Gerontology Academy
Robert Germani - Senior Aides Program
David Britto - East Providence Community Center
Richard Smith - Big Brothers of Rhode Island
Dr. Sarah Fessler - East Bay Family Health
Eleanor Ash - East Bay Mental Health Center
Audrey Field - RSVP
Karen Marsh - Job Training Program
Dan Evangelista - R.I. Veterans Action Center
Laurie Panza - Newman YMCA
Melissa Alexander - Sexual Assault & Trauma Resource Center
Ann Rule - Blackstone Valley Chapter R.I. ARC
Following the presentations, Nancy Remington says the City Manager will receive the recommendations and he will present them to the Council at the next regular meeting.
The meeting recesses at 9:05 p.m. and reconvenes at 9:10 p.m.
ORDINANCES - FINAL PASSAGE (Given first passage April 16, 2002)
Advertised - Providence Journal - April 15, 2002
The following ordinance adds as a violation the return of a dismantled, junked or abandoned vehicle to the same premises within a 12 month period; creates a penalty for subsequent offenses; and a definition and penalty for unlicenced junkyards.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”, which amends:
SECTION I. Article II entitled “Dismantled, Junked and Abandoned Vehicles” by adding thereto the following:
Sec. 10-30.1 Failure to comply with notice to remove.
A violation of the regulations contained in this article shall also be deemed to have been committed by any person who initially removes any abandoned vehicle after having been given notice according to this article to remove said vehicle, but who then returns the same vehicle to the same property, in the same or similar abandoned condition, within a twelve month period from the initial notice of removal.
Sec. 10-36. Subsequent Offenses; Penalty.
For a second offense of this section, a person shall be subject to a fine of two hundred fifty dollars ($250.00), and for a third and any subsequent offense, be subject to a fine of five hundred dollars ($500.00).
Sec. 10-37. Unlicenced Junkyards; Penalty
Any person who maintains an unlicenced junkyard, whether or not they are the owner of said premises, shall be subject to a fine of not more than $500.00.
SECTION II. Sec. 10-26 entitled “Definitions” of Article II entitled “Dismantled, Junked and Abandoned Vehicles” is amended by adding thereto the following:
Unlicenced Junkyards means any establishment or premises which are used for the storing, keeping, or accumulation of one or more inoperable, worn out, junked, or discarded motor vehicles, or the storing, keeping, or accumulation of one or more abandoned vehicles and/or trailers within a twelve month period, which establishment or premises do not have a license as an auto wrecking and salvage yard.
(Requested by: Law Department) CHAPTER NO. 203
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Donald Doxey, Hospital Road, Riverside, Rhode Island is present and sworn. Mr. Doxey states that this ordinance is illegal and the Council doesn’t have the right to take someone’s property.
Joseph Roberts, 110 Metacomet Avenue, East Providence, Rhode Island informs the Council that he had two vehicles removed from his property and has never received any information on their whereabouts. The City Solicitor will look into the matter.
On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
The following ordinance adopts the state law violation for sale of alcoholic beverages to underage persons so that violators can be referred to municipal court.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES.” , is amended by adding thereto the following::
9.1.1 Penalty for violations relating to sale of alcoholic beverages to underage persons.
Any person who sells or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first (21st) birthday either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first (21st) birthday to drink said alcoholic beverages within the City of East Providence or suffers or allows any persons who have not reached their eighteenth (18th) birthday to sell or serve any alcoholic beverage on the premises shall for the first offense be subject to a fine of two hundred fifty dollars ($250); for the second offense, be subject to a fine of five hundred dollars ($500); and for the third and any subsequent offense, be subject to a fine of seven hundred fifty dollars ($750). In the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Requested by: Law Department)
CHAPTER NO. 204
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
3. The following ordinance establishes a No Parking Zone in an area of the Riverwoods development at the entrance due to safety and vehicles access concerns.
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:
RIVERWOODS COURT (east side), from Bourne Avenue to a point 120 feet south.
(Requested by Director of Public Works)
CHAPTER NO. 205
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
4. The following ordinance provides a handicapped parking space at 136 Juniper St.
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:
JUNIPER STREET, (north side) in front of house number 136.
(Requested by Director of Public Works)
CHAPTER NO. 206
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
5. The following ordinance brings the City into conformity with state law by changing125 yards to 500 feet.
AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”, which amends Sec. 9-3 entitled “Firearms and hunting -Definitions applicable to sections 9-4 through 9-6.” to read as follows:
Shoreline hunting means hunting on any part of the shore that is at least 500 feet from any occupied dwelling house, residence or other building occupied by human beings or any barn, stable or other building used in connection therewith.
(Requested by: City Solicitor)
CHAPTER NO. 207
On motion of Councilman Midgley, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
Bonding Presentation
Mr. Lemont reports that he asked the Department Heads to cut 5% from their present budgets. He will give more information at the special meeting on May 16th.
At the request of Councilman Rogers, Parks/Recreation Director Joseph Crook explains some of his ideas as to how to upgrade the playing fields in the City. Mr. Crook states that there is money left from the 1998 bond issue that could be used.
After further discussion, Mr. Crook is asked to get a report on what is available and whether the Council can authorize the amount of money for this purpose. Mr. Crook will have it ready for the next Council meeting.
Mr. McDonald says there is money available, but asks the Council to wait until the next Council meeting for him to give a full report.
City Manager’s Report
Mr. Lemont asks Mr. McDonald to explain a request to transfer some funds from the sale of surplus account on a temporary basis to pay some bills. He states that it was agreed on that the addition of the city garage would be funded with funds from the sale of surplus property, but some of the property has not sold as fast and the account has diminished. Mr. Lemont reports that there are several properties that will be sold and the account will be replenished.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
Saccoccia Construction & Landscaping Claim No. 02-6 Referred to Law Department
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to accept as presented.
Sewer Easement Map 505, Block 3, Parcel 5
For Referral to the Planning Board
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve.
COUNCIL MEMBERS
(By Mayor Joseph S. Larisa, Jr.)
1. Pond View Resolution Discussion
Mayor Larisa defers to Councilman Rogers. Councilman Rogers speaks on a request by Pond View to DEM to increase its tonnage. Councilman Rogers says he wants the City to have the final say and not DEM and asks for a Resolution.
Mr. Conley advises the Council that Pond View currently operates with a zoning variance, which has a condition attached to it which limits the tonnage. Even with the DEM approval, they are still bound by the zoning variance and would be incumbent upon them to come back before the Zoning Board and ask for relief from that limitation. He also says that the City cannot adopt an ordinance, but they can adopt a Resolution to address the issue.
Mr. Rogers asks that the Council approve orally a Resolution and that the City Solicitor be authorized to draft the resolution and forward it to DEM and he makes a motion for same.
There is no second to the motion.
Discussion is held regarding the matter. Councilman Miranda says it should be heard by the Zoning Board first. Councilman Grant agrees with him.
Councilman Midgley asks for a point of order. He states that there was no second to the motion and there should be no discussion.
Councilman Rogers makes a motion to have the Solicitor send a letter to DEM that the City, in the form of the Zoning Board, can restrict use limitations. There is no second to the motion.
2. Bond Cost Update
Mayor Larisa asks Mr. McDonald to get information on different bonding scenarios. Mr. McDonald reports that he has asked them for 5,10,15, 8, 12,20, 32, and 50. Mayor Larisa says he wants to know where the City is in bonded indebtedness.
(By Councilman Norman J. Miranda)
An ordinance which allows swimming pools and garden sheds as an accessory use to residences located in open space, commercial and industrial districts.
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING.”, which is amended as follows:
SECTION I. Sec. 19-171. Accessory uses.
The following accessory uses shall be allowed, provided that they shall conform to all other provisions of this chapter and that they shall not be detrimental to or impair adjacent properties or the neighborhood.
(1) Residential district:
a. The raising or growing of horticultural products for home use by a resident family thereon.
b. A hen house, barn, stable, kennel or dairy incidental to a permitted farming use.
c. A garden or tool shed used only for the storage of garden implements and light home maintenance tools.
d. A greenhouse not exceeding 1,500 cubic feet and not used for commercial purposes.
e. Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances.
f. A private garage or parking area as required in sections 19-276 through 19-284 in connection with a dwelling for:
1. Not more than three motor vehicles, which shall not include more than one vehicle owned by a nonresident of the premises in an R-1 or R-2 district.
2. Not more than four motor vehicles, which shall not include more than two vehicles owned by a nonresident of the premises in an R-3 or R-4 district.
3. Not more than two motor vehicles per dwelling unit, which shall not include more than one vehicle owned by a nonresident of the premises for each two dwelling units in an R-5 or R-6 district.
In any case, not more than one commercial vehicle weighing not more than 2 2 tons gross weight shall be permitted to park overnight on a residential premises in a residential district, except in the case of a farm operated on a full-time basis by a resident thereon.
g. A professional home office or studio located within the principal building of the premises of a resident architect, artist, author, attorney, clergyman, dentist, engineer, physician or other member of a recognized profession; provided that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no more than one other person is regularly employed therein in connection with such in an R-1, R-2, R-3 or R-4 district, and not more than two other persons are regularly employed therein in connection with such use in an R-5 or R-6 district.
h. Any home occupation use such as dressmaking, millinery, home cooking and preservation and similar domestic crafts, excluding barbershops, beauty parlors, hair dressers, dance studios, schools and repair services of any kind, customarily conducted within the principal building by a resident of the premises, provided that there is no exterior storage of material or equipment, that no display of products shall be visible from the street, that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in connection with such use in an R-1, R-2 or R-3 district, and not more than one other person is regularly employed therein in connection with such use in an R-4, R-5 or R-6 district.
i. Servants' quarter.
j. A seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises of a permitted farming use by the resident, owner or lessee thereof.
k. Dormitory or living quarters for churches or other places of worship, educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
l. The renting of a room to not more than two persons.
m. Other similar accessory uses customarily incidental to a permitted use, except that the storage of pallets in commercial form shall not be permitted in residential areas.
(2) Open space district:
a. One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b. Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.
c. Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
d. A garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances when such uses are accessory to a nonconforming residential use within this district.
e. Other accessory uses customarily incidental to a permitted use.
(3) Commercial district:
a. One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b. Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar permitted uses.
c. Other accessory uses customarily incidental to a permitted use.
d. Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.
e. Amusement game machines, in conjunction with a permitted business use, according to section 19-98, provided such use is beyond 500 feet from the property boundary of any school, church, other place of worship or religious institution, or public recreation area. No amusement game machine, as defined by this chapter, shall be allowed to operate without the issuance of a proper license by the city council.
1. A garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances when such uses are accessory to a nonconforming residential use within this district.
(4) Industrial district:
a. One-family dwelling for a caretaker or other personnel required to reside on the premises for the protection or maintenance of a permitted use.
b. Seasonal stall or stand for the sale of farm or garden products, the majority of which are grown or produced on the premises by the resident owner or lessee thereof.
c. Other accessory uses customarily incidental to a permitted use.
d. Off-street parking, as regulated by division 11 of this article and off-street loading and unloading as regulated by sections 19-285 through 19-290.
e. Employees services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use.
1. Garden or tool shed used only for the storage of garden implements and light home maintenance tools and swimming pools including pertinent structures such as dressing and shower rooms and equipment houses as regulated by this chapter and other city ordinances when such uses are accessory to a nonconforming residential use within this district.
(5) Business/technology floating zone district:
a. Accessory uses customarily incidental to a permitted use.
b. Off-street parking as regulated by division 11 of this article, and off-street loading and unloading as regulated by sections 19-285 through 19-290.
c. Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use, and further which meet the requirements of section 19-364 relating to the definition of a business/technology development. Such services shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: dry cleaning services (drop-off and pick-up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).
d. Licensed child day care centers for children of employees of the businesses in the business/technology district.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to refer to the Planning Board.
RESOLUTIONS
1. A RESOLUTION REQUESTING PERMISSION TO REGULATE HAWKERS AND PEDDLERS OF FLOWERS IN THE CITY OF EAST PROVIDENCE
(Requested by Councilman Norman J. Miranda)
Mr. Miranda speaks on the resolution, which will ask for legislation to include East Providence in the General Law which regulates flower peddlers.
On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to adopt the Resolution.
2. RESOLUTION ESTABLISHING AN ADOPT- A- PLAYGROUND/PARK COMMITTEE
(Requested by Councilman Rolland R. Grant)
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to adopt the Resolution.
INTRODUCTION OF ORDINANCES
(If given first passage, can be referred to the next regular Council meeting to be held on May 21, 2002 for a public hearing and consideration of final passage)
The following ordinance brings the city into compliance with State law regarding the imposition of a non-utilization tax.
AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”, which adds thereto the following:
Article VII. Real Estate Nonutilization Tax
Sec. 16-85. Definitions.
The following words, terms, and phrases, when used in this chapter, have the meanings ascribed to them in this article, except in those instances where the context clearly indicates a different meaning:
Actively marketed means good faith efforts by the owner of the property to obtain one or more occupants of the property. These good faith efforts may include, without limitation, one or more of the following: (i) making substantial financial expenditures in comparison with the value of the property; or (ii) listing the property for sale or lease, or both, with one or more real estate brokers, for a price and on terms, of for a rental that is realistic considering the fair market or fair market rental value of the property; or (iii) advertising, using one or more signs on the property and at least one other medium, the availability of the property for sale or rental for a price and on terms or at a rental that is realistic considering the fair market value or fair rental value of the property. Sporadic attempts to sell or lease the property during the privilege year may be viewed as not constituting a good faith marketing effort.
Continuously unoccupied means any property which is listed during the entire privilege year as vacant in the records of a city's or town's department of minimum housing.
Privilege year means the twelve (12) month period corresponding to the calendar year.
Vacant and abandoned property means any property which is:
(1) A building that has remained continuously unoccupied during the privilege year or a lot, with no existing structure that is littered with trash and obviously abandoned;
(2)(a) In the case of property containing one or more buildings used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous designation as vacant by a city's or town's department of minimum housing during the privilege year; or
(b) In the case of property containing one or more buildings none of which were used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous citation by an agency of a city or town for violation of minimum housing code provisions relating to the health or safety of citizens during the privilege year.
Nonprofit housing organization means any organization exempt from taxation pursuant to ' 501(c)(3) of the Internal Revenue Code [26 U.S.C. ' 501(c)(3)] whose exempt purposes include the provision of affordable housing to low and moderate income households.
Reviewing entity means the Department of Planning.
Development plan means a plan to rehabilitate a vacant and abandoned property within a set time frame for a use in conformance with the city or town's comprehensive plan.
Abutter means a neighbor whose property touches the property in question.
Sec. 16-86. Imposition of tax.
The City of East Providence shall impose a tax upon the privilege of utilizing property as vacant and abandoned property within the city during any privilege year commencing with the privilege year beginning January 1, 2000 and every privilege year thereafter. The tax shall be in addition to any other taxes authorized by the general or public laws.
Sec. 16-87. Determination of vacant or abandoned property.
The Building Official for the City of East Providence shall be responsible for determining which properties are vacant and abandoned. If the Building Official determines that a building has been continuously unoccupied or vacant and abandoned during the privileged year, the Building Official shall notify the Tax Assessor and the Tax Assessor shall impose the nonutilization tax authorized by this chapter.
Sec. 16-88. Removal of nonutilization tax.
The nonutilization tax shall be removed from the property upon certification by the Building Official to the Tax Assessor that the property has been rehabilitated. Any development plan proposed by a nonprofit housing organization or an abutter pursuant to this chapter shall be submitted for review to the Department of Planning and must be approved by the Department of Planning prior to development.
Sec. 16-89. Abatement of nonutilization tax.
The Tax Assessor shall abate the nonutilization tax if it is imposed in error or if a nonprofit housing organization or an abutter acquires the property for rehabilitation and submits a development plan that complies with the provisions of Sec. 16-90(2).
Sec. 16-90. Exemptions.
(1) The non-utilization tax authorized by this chapter shall not be imposed on property owned by an abutter or a nonprofit housing organization if: (i) the abutter or nonprofit housing organization submits a proposed development plan which has been approved by the Rhode Island housing resources commission or Rhode Island housing and mortgage finance corporation to the Planning Department; (ii) the proposed development plan contains a reasonable timetable for the development or reuse of the property; and (iii) the Planning Department determines that the proposed development plan is in accordance with the city’s approved comprehensive plan and approves it.
(2) The Planning Department shall deliver a copy of the approved development plan to the Tax Assessor who shall certify the property as exempt from the non- utilization tax.
(3) Failure of the nonprofit housing organization or abutter, without good cause, to carry out the development or reuse of the property in accordance with the timetable set forth in the approved development plan shall result in the property being subject to the non-utilization tax as of the first date of assessment following the expiration of the timetable in the approved development plan.
(4) The decision of the Planning Department denying approval of a development plan may be appealed as provided in Sec. 16-93.
Sec. 16-91. Rate of tax.
The tax authorized by this chapter shall be measured by the assessed value of the real estate at the rate of ten dollars ($10.00) for each one hundred dollars ($100) of the assessed value of the real estate as most recently returned by the Tax Assessor.
Sec. 16-92. Date on which taxes due.
The tax imposed under authority of this chapter shall be due and payable in the same manner as other municipal taxes are due in the City of East Providence.
Sec. 16-93. Appeals.
(a) In any appeal from the imposition of the tax set forth in this chapter, the tax review board of the City of East Providence shall find in favor of an appellant who shows that the property assessed:
(1) Was actively marketed during the privilege year; or
(2) Was occupied for substantial portions of the privilege year, notwithstanding its designation by the Building Official.
(3) Was exempt pursuant to Sec. 16-90 from the imposition of the tax set forth in this Article.
(b) Nothing contained in this Article shall be deemed to enlarge or diminish any other right of appeal that an appellant may possess pursuant to the general or public laws, or the ordinances of the City of East Providence.
(Requested by the Law Department)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Councilman Norman J. Miranda)
Library Board of Trustees
(R) Paulo Silva 150 So. Rose Street (02914)
(R) Janet Seals 30 Stephen Street (02915
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
(By Councilman Rolland R. Grant)
Traffic Control
Stephen Cadoret 13 Boyden Boulevard (02915)
Tabitha Watjen 141 Wampanoag Trail (02915)
On motion of Councilman Grant,, seconded by Councilman Miranda, it is unanimously voted to approve.
(By Councilman Peter F. Midgley)
Library Board of Trustees
Claire Wayland 65 Forbes Street (02915)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve.
There being no further business, the meeting adjourns at 11:28 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: May 21, 2002