| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING AUGUST 19, 2003 | |
The City Council meets in the Council Chamber on Tuesday, August 19, 2003, and is called to order at 7:43 p.m. by Mayor Rolland R. Grant.
Present: Mayor Rolland R. Grant )
Daniel F. Harrington )
Norman J. Miranda ) Council Members
Patrick A. Rogers )
Dr. Isadore S. Ramos )
William J. Conley, Jr. ) Acting City Manager
Valerie A. Perry ) City Clerk
Gregory S. Dias ) Acting City Solicitor
The Invocation is read by Councilman Harrington and the Salute to the Flag is led by Councilman Miranda.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
CONSENT CALENDAR
1. Approval of Council Journals
July 15, 2003 - Regular Meeting
August 4, 2003 - Special Meeting - City Manager Search
August 4, 2003 - Closed Meeting -City Manager Search
2. Town of Coventry, R.I. Resolution No. 64-03-2263 Supporting Construction Aid for Public Libraries
3. CRMC F# 2003-03-091 A# W2003-03-091 Requesting to construct a single family dwelling. The dwelling will be serviced by municipal sewer and water. An existing garage and driveway on the lot will be utilized. Located at map 412, block 11, lot 8, Fenner Ave.
Lillian Williamson, c/o P.O. Box 15492, Riverside, RI , 02915
4. CRMC F# 2003-06-101 Requesting to strip and replace roof shingles, gutters.
Raymond Anderson, Jr., 102 Riverside Dr, East Providence., RI 02914-4505
5. CRMC F# 2003-05-039 RESIDENTIAL ASSENT #A2003-05-039
Requesting to construct/maintain 2 story, single family dwelling, to be served by municipal water/sewer service. Located: Plat 54, Lot 61; 47 Bluff Ave., East Prov., RI.,02915, James W. and Corinna Barry, 738A County St., Seekonk, MA 02771
6. CRMC A# F2003-07-034 FINDING OF NO SIGNIFICANT IMPACT
Requesting to enclose existing open deck for a sun room. Located at Plat 414, Lot 16-3; 145 Terrace Ave., East Prov., RI 02915 Christopher Gasbarro, 1 Progress St., Seekonk, MA 02771
7. CANCELLATION/ABATEMENTS - Alberto S. Ereio, Tax Assessor
YEAR AMOUNT
2003 $10,785.83
2002 825.24
2001 746.82
2000 160.72
1999 169.53
1998 178.01
1997 155.82
1996 196.63
1994 15.22
Total $13,233.82
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve the minutes of the August 4, 2003 Closed Meeting and to keep them closed.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
1. Alcoholic Beverage - Class B-Limited
(Advertised -East Providence Post July 24 & July 31, 2003)
Ben Ying Chan, DBA: Mei Singh Chinese Restaurant, 2827 Pawtucket Ave
Yun Yan Chen and Ben Ying Chan, 61 Oliver Street, Bristol, Rhode Island, are present and sworn. Attorney Martin Slepkow speaks for the applicants and answers questions from the Council.
There is no one from the public wishing to be heard.
On motion of Councilman Ramos, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
2. Victualing/Not over 25 (Transfer)
From Yun Yan Chen, dba Mei Singh Chinese Restaurant To: Ben Ying Chan,
Dba: Mei Singh Chinese Restaurant, 2827 Pawtucket Avenue
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
3. Alcoholic Beverage - Class B-Limited - Transfer
(Advertised -East Providence Post July 31 & August 7, 2003)
From: Verna Jeane, Inc., dba Theo’s Family Restaurant
To: Two Brothers House of Pizza, Inc., dba Two Brothers House of Pizza, 1175
Warren Ave.
Anna Barbosa, 109 Chaplain Street, Pawtucket, Rhode Island is present and sworn. Attorney Michael Marceau, representing the applicant, is also present and speaks on the license transfer.
There is no one from the public wishing to be heard.
On motion of Councilman Ramos, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
4. Victualing/not over 50 (Transfer)
From: Verna Jeane, Inc., dba Theo’s Family Restaurant
To: Two Brothers House of Pizza, Inc., dba Two Brothers House of Pizza, 1175 Warren Ave.
Subject to approvals from Police Chief, Building Inspector, Health Inspector, and Fire Marshall
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
LICENSES NOT REQUIRING PUBLIC HEARING
1. Peddler/Hawker - Patricia Bolarinho, 25 Wentworth St., No. Providence, Rhode Island
The applicant is present and sworn.
The applicant answers questions from the Council. She states she will be selling accessories, such as scarves, belts, hats. She says she will be setting up at Savers Mart on Newport Avenue and the Knights of Columbus on New Road.
Councilman Ramos states that he is going to be consistent with his vote and vote against this. Councilmen Miranda and Rogers also oppose. Councilman Harrington states that he believes the Council should give the license if it has the approval of the property owners. Mayor Grant agrees with the other Councilmembers and opposes.
Motion is made by Councilman Rogers, seconded by Councilman Ramos to deny the license. The motion passes on a 4-1 vote, with Mr. Harrington voting against.
2. Victualing/Not over 25 (Transfer)
From: Maddalena deAlbequerque, Brazil 2000, Inc., dba Sol E Vento
To: Poliana Dumot, Brazil 2000, Inc., dba Sol E Vento, 211½ Warren Avenue
Maddalena deAlbequerque, 327 Norwood Avenue, Warwick, Rhode Island and Poliana Dumot, 1020 West Shore Road, Warwick, Rhode Island are present and sworn.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
3. Sunday/Holiday Sales (Transfer)
From: Maddalena deAlbequerque, Brazil 2000, Inc., dba Sol E Vento
To: Poliana Dumot, Brazil 2000, Inc., dba Sol E Vento, 211½ Warren Avenue
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
4. Victualing/not over 25 (Transfer)
From Osma Youssef, dba Crescent Market Place To Chiragkumar Patel, Monach Food Mart, LLC, dba Crescent Food Mart, 745 Bullocks Point Avenue
Chiragkumar Patel, is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
5. Sunday/Holiday Sales (Transfer)
From Osma Youssef, dba Crescent Market Place, To Chiragkumar Patel, Monach Food Mart, LLC, dba Crescent Food Mart, 745 Bullocks Point Avenue
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall.
6. Pool Table (1)
John A. Pestana, Setback Restaurant, Inc., dba Setback Grill, 218 Warren Avenue
John A. Pestana and Celia Pestana, 1463 South Broadway, are present and sworn.
Councilman Miranda suggests approving the license for six months, and after that time, if no problems have occurred, the license will be continued.
On motion of Councilman Ramos, seconded by Councilman Rogers, the license is approved for six months, subject to approvals from the Police Chief and Building Inspector.
7. Pool Table/Sunday (1)
John A. Pestana, Setback Restaurant, Inc., dba Setback Grill, 218 Warren Avenue
On motion of Councilman Rogers, seconded by Councilman Miranda, the license is approved for six months, subject to approvals from the Police Chief and Building Inspector.
8. Secondhand/Autos & Trucks - Transfer
From Barbers Auto Sales & Body Works, dba Tom Ricci’sViking Motors
To Robert Zammito, dba Nissan of East Providence, Inc., 845 Taunton Avenue
Robert Zammito, Cape Cod, Massachusetts, is present and sworn.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from Police Chief and Building Inspector.
9. Secondhand/Autos & Trucks - Transfer
From Barbers Auto Sales & Body Works, dba Tom Ricci’sViking Motors
To Robert Zammito, dba Nissan of East Providence, Inc., 854 Taunton Avenue
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage July 15, 2003)
Advertised - Providence Journal - July 18, 2003
1. The following ordinance designates parking spaces in the City Hall Parking Lot and the lot at 31 Grove Avenue.
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. 18-314 entitled “Reserved Parking Designated–Municipal parking lots.” to read as follows:
(a) There shall be reserved, and the public given notice thereof by appropriate signs or other means, parking spaces as shown on that plan entitled "Municipal Parking Lot Area Layout Adjoining City Hall and 31 Grove Avenue, East Providence, Rhode Island” dated June 20, 2003, and listed as follows:
City Hall No. 31 Grove Avenue
1 space mayor 15 spaces city-owned vehicles
2 spaces council members 23 spaces city hall employees
3 spaces handicapped persons 1 space city manager
12 spaces city hall visitors 1 space director public works
36 spaces city hall employees
(b) The official record of the designation and location of parking spaces in the municipal lots at city hall and No. 31 Grove Avenue shall be kept in the office of the city clerk.
(c) Persons visiting city hall and using the spaces reserved therefor shall be limited to a parking time limitation of one hour.
(d) Each city hall employee shall be issued a decal authorizing such employee to park in one of the reserved city hall employee spaces. The decal shall be affixed to the left end of the rear bumper of each such employee's vehicle.
(e) No person except those enumerated in this section shall park in the spaces reserved as indicated by the appropriate sign reserving such spaces.
(Requested by Acting City Manager) CHAPTER NO. 259
There is no one from the public wishing to be herd.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage.
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 the following: THATCHER STREET (northbound and southbound traffic) at Nelson Street.
(Requested by Councilman Patrick A. Rogers) CHAPTER NO. 260
There is no one from the public wishing to be herd.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage.
Mr. Conley states that the following ordinances increase various fines, court costs, and service fees throughout the City. He says he understands there is a request to amend the White Goods ordinance and asks if the Council would agree to approve the ordinances with that exception. Councilman Ramos states that if the Council is going to approve these ordinances, they should make sure they are going to be enforced.
The meeting is open to public comment.
Maryann Matthews, 51 Outlook Avenue, speaks on the Recreation Center fees ordinance, and suggests reducing the fee for ages 18 and under. Mr. Conley states he has no problem with staggering the fees.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to amend the White Goods to $10 and the Recreation Fees to be waived at the discretion of the Recreation Director.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve the remaining ordinances for Final Passage.
The following establishes fines for failure to maintain cemeteries in East Providence
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”, which amends Article II entitled “Cemeteries” by adding thereto the following:
Division 4. Fines.
Sec. 13-62. Fines.
The fines for failure to maintain cemeteries in accordance with the rules and regulations relative to burials in the city of East Providence shall be as follows:
| (a) Grass more than six inches in height as measured from ground level | $50.00 |
| (b) Funeral flowers left on a grave site more than 4 days | 50.00 |
| (c) Open graves not covered and child proofed until time of burial | 50.00 |
| (d) Graves not packed tight, top dressed with loam, and seeded (weather permitting) | 50.00 |
(Requested by Acting City Manager) CHAPTER NO. 261
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage.
4. The following ordinance increases the court costs for Municipal Court
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”, which amends Section 2-278 entitled “Court costs” of Article VI entitled “Municipal Court” to read as follows:
(a) Court costs are hereby fixed at $75.00. The payment of such costs shall be a part of the sentence.
(b) All payments shall be deposited in the general treasury of the city.
(Requested by Acting City Manager) CHAPTER NO. 262
5. The following ordinance increases the fines for violation of curfews in public places
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”, which amends Subsection (c) of Sec. 13-2 entitled “Curfew at public places.” to read as follows:
(c) Any minor violating the provisions of this section who is subject to the jurisdiction of the state juvenile court shall upon first violation be referred to the city juvenile hearing board. For any subsequent offense any minor subject to the jurisdiction of the state juvenile court shall be dealt with in accordance with juvenile court law and procedure. All other minors or persons not under the jurisdiction of the state juvenile court shall, upon first conviction of violating the provisions of this section, be punished by a fine not exceeding $30.00, upon a second conviction be punished by a fine not exceeding $60.00, and upon third or subsequent convictions be punished by a fine not to exceed $100.00.
(Requested by Acting City Manager) CHAPTER NO. 263
6. The following ordinance increases the fines for violations of City ordinances pertaining to animals and increases the fee for dog licenses.
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 Subsection (e) of Sec. 3-9 entitled “Certain dogs and other animals to be confined; keeping of wild animals.” to read as follows:
(e) Any owner, custodian or person harboring any fierce, dangerous or vicious animal that shall bite or otherwise inflict any injury on any person shall be subject to a fine of $125.00 for the first offense, a fine of $150.00 and ten days in jail for the second offense, and a fine of $175.00 and 30 days in jail for the third and any subsequent offense
SECTION II. Subsection (e) of Sec. 3-10 entitled “Nuisance abatement” is amended to read as follows:
(e) It shall be unlawful to allow or permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, on private or public property shall be punished by a fine of not less than $50.00 for the first offense; not less than $75.00 for the second offense; and not less than $125.00 for the third and subsequent offense.
SECTION III. Subsection (a) of Sec. 3-16 entitled “Penalty” is amended to read as follows:
(a) Except as otherwise provided in this chapter any person convicted of violating any provision of this chapter may be punished by payment of the following fine:
(1) Allowing dog to run at large or harboring a dog which is a nuisance:
a. First offense $ 30.00
b. Second offense within a year 60.00
c. Third offense within a year 120.00
d. Fourth offense within a year 300.00
(2) Harboring an unlicenced dog 25.00
(3) Allowing a dog on school property 25.00
(4) Failure to confine the dog for 14 days after biting a person 25.00
SECTION IV. Sec. 3-35 entitled “Dog license; fees; penalty.” is amended to read as follows:
(a) Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, $10.00; all licenses issued shall be valid in every city or town during the then current year; provided that any person, who shall become the owner or keeper of a dog, shall cause such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid.
(b) Every person, owner or keeper of a dog not licensed and/or not collared according to the provisions of this chapter, shall be fined $15.00 to be applied to the support of the city, and that fine shall be in addition to all other lawful fees.
(Requested by Acting City Manager) CHAPTER NO. 264
7. The following ordinance establishes fees for wastewater discharge:
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”, which amends Sec. 17-165 entitled “Fees.” of DIVISION 4 entitled “USE REGULATIONS” of Article II entitled “Water” by adding thereto the following:
(c) Categorical Electroplating/Metal Finishers
| <2,500 GPD | $200.00 per year |
| 2,500 to10,000 GPD | 400.00 per year |
| 10,000 to 50,000 GPD | 600.00 per year |
Other Significant Non-categorical users
| <2,500 GPD | 100.00 per year |
| 2,500 to10,000 GPD | 300.00 per year |
| 10,000 to 50,000 GPD | 500.00 per year |
| Non-significant Industrial Users | 200.00 1st year |
| | 200.00 every 3 years |
Restaurant/Food Service
| <50 seats | 100.00 per year |
| 50 to 100 seats | 200.00 per year |
| 100 seats and/or drive-through | 300.00 per year |
| Vehicle Service/Marinas | 200.00 1st year |
| | 200.00 every 3 years |
| Dry Cleaners/Laundromat | 200.00 1st year |
| | 200.00 every 3 years |
| Commercial Users | 200.00 1st year |
| | 200.00 every 3 years |
(Requested by Acting City Manager) CHAPTER NO. 265
8. The following ordinance establishes Library fees:
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”, which amends Article IV entitled “Library” by adding thereto the following:
Sec. 13-161. Library Fees
The fees for overdue library material are hereby fixed as follows:
| Books (per day) | $0.10 |
| Audio books (per day) | $0.10 |
| CD’s, Videos, DVD’s (per day) | $2.00 |
| Museum passes (per day) | $5.00 |
| Miscellaneous library fees: | |
| Printing from computers (per page) | $0.15 |
| Library card replacement | $1.00 |
| Use of meeting room (plus custodial fee) | $75.00 |
(Requested by Acting City Manager) CHAPTER NO. 266
8. The following ordinance increases the fees for building permits, plumbing permits, electrical permits, signs and outdoor advertising permits.
9. 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 SECTION I. Section 4-16 entitled “Building permits.” to read as follows:
The valuation of the estimated cost of any new structure shall be established in accordance with the schedule set out in this section.
(1) All building permits, whether for new structures, repairs or alterations, and the fees for such permits are hereby fixed as follows. A $500.00 late charge shall be added for starting work before obtaining a permit.
| (a) Estimated cost $100.00 to $5,000.00 | $50.00 |
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| (b) Estimated cost $5,001.00 to $10,000.00 | $75.00 |
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| (c) For each additional $1,000.00 or fraction thereof to $50,000.00 | $7.00 |
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| (d) $50,000.00 | $353.00 |
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| For each additional $1,000.00 or fraction thereof to $100,000.00 | $6.00 |
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| (e) $100,000.00 | $653.00 |
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| For each additional $1,000.00 or fraction thereof to $1,000,000.00 | $5.00 |
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| (f) $1,000,000.00 | $5,153.00 |
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| Plus $ 4.00 per thousand or fraction thereof, no maximum. | |
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| (g) Oiled-fired burners, boilers and furnaces and/or gas-fired burners, boilers and furnaces with a rating less than 200,000 BTU’s each | $50.00 |
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| (h) Boilers, furnaces or heating systems over 200,000 BTU’s or other mechanical permits, such as pumping and piping systems, air-conditioning, elevators, etc. shall be charged the building permit fee schedule rate as outlined in this section. | |
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| (i) Demolition: | |
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| Residential | $50.00 |
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| Commercial | $100.00 |
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| (j) Moving building | $200.00 |
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| (k) Tanks: install, relocate or remove each | $125.00 |
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| (l) Pumps: install, relocate or remove each | $125.00 |
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| (m) Certificate of Occupancy: | |
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| Residential: $25.00 for initial inspection and $25.00 for each additional inspection. | | |||
| Commercial: $100.00 for initial inspection and $100.00 for each additional inspection. | | |||
| (n) Garage: $15.00 per square foot for attached and $ 20.00 per square foot for unattached. | |
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| (o) Basement: $12.00 per square foot for unfinished and $20.00 per square for finished. | |
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| (p) Shed | $10.00 per square foot |
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| (q) Deck | $10.00 per square foot |
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| (r) Interior renovations | $25.00 per square foot |
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| (s) Wood stoves and fireplaces | $25.00 |
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| (t) Tents over 120 square feet | $20.00 |
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| (u) Swimming pools | cost of construction per fee schedule |
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| (v) Building Code Board of Standards & Appeals | $100.00 |
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| (w) Minimum Property Standards Board of Review Appeal | $100.00 |
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| (x) Temporary structures, storage containers, mobile houses or any other temporary structure | $50.00 |
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| (y) A fee of $25.00 per inspection will be charged for change of occupancy, rooming houses, laundry and dry cleaners, school inspections other than public schools. | |
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(2) Fees will be computed as follows:
a. Compute gross square footage.
b. Locate square foot construction cost in those current charts on file in the city clerk’s office. The charts are referred to as Table 1 and/or 2 and adjust for height as per the notation set forth in the tables.
c. Compute construction cost: Gross square footage x square foot construction cost x $1.25.
SECTION II. Section 4-17 entitled “Plumbing permits.” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
Permit fees for plumbing installations are hereby fixed as follows:
| (1) Plumbing | $20.00 |
| Plus $10.00 per fixture | |
| (2) Hot water heater | $20.00 |
| (3) Drainage, cellar bottom | $20.00 |
| (4) Sewer connection | $75.00 |
SECTION III. Section 4-18 entitled “Electrical permits.” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
(a) The following schedule of fees shall be charged for the issuance of electrical permits for the installation or repair of all types of electrical installation. Such schedule of fees for permits shall be based on the cost of electrical equipment, materials and labor used for the installation or repair of any electrical project.
Valuation Fee Limits
| (1) $1.00 to $1,000.00 | $50.00 |
| (2) Each additional $1,000.00 after $1,000.00 to $ 11,000.00 | $7.00 |
| (3) Each additional $1,000.00 after $11,000.00 | $6.00 |
(b) All plants, factories, mills, machine shops and other commercial or industrial establishments employing electricians shall obtain an annual permit at a cost of $50.00 per year.
(c) All persons applying for temporary permits for the installation of electrical systems for circuses, carnivals, used car lots, etc. shall obtain a temporary permit at a cost of $50.00 for each permit.
SECTION IV. Section 4-19 entitled “Signs and outdoor advertising permits, fees.” of Article II entitled “Permits” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
(a) Permit fees for the following signs and for the operation of an outdoor advertising business are hereby fixed as follows:
| (1) Each sign up to ten square feet | $25.00 |
| (2) Signs in excess of ten square feet, per square foot | $3.00 |
| (3) Roof signs over 300 square feet | $100.00 |
| Plus $3.00 per square foot | |
| (4) Pylons or pole signs over fifteen (15) feet in height | $75.00 |
| Plus $3.00 per square foot. | |
| (5) Temporary signs, 30-day limit | $50.00 |
(6) Outdoor advertising, annual fee, $50.00 for the first 100 square feet or fraction thereof and $10.00 for every additional 100 square feet or fraction thereof, per sign per year.
(b) No fee shall be required for the following signs or outdoor display structures, provided that such signs or structures shall be securely fixed, attached or erected on their location and maintained in a safe manner at all times:
(1) Residential identification signs not exceeding 2 ½ square feet;
(2) Signs painted on the surface of masonry, concrete, frame or other approved building walls;
(3) Government building signs: Signs erected on a municipal, state or federal building which announce the name, nature of the occupancy and information as to use of or admission to the premises;
(4) Wall signs: Any wall sign erected on a building or structure which is not more than one square foot in area;
(5) Sale or rent: Signs erected to announce the sale or rent of the property so designated, provided that such signs are not over six (6) square feet in area;
(6) Transit directions: The erection or maintenance of a sign designating the location of a transit line, highway directional signs, railroad station or other public carrier;
(7) Street signs: Signs erected by the municipality for street directions;
(8) Construction signs: construction signs, engineers’ and architects’ signs and other similar signs which may be authorized by the building official in connection with construction operations;
(9) Special displays: Special decorative displays used for holidays, public demonstrations or promotion of civic welfare or charitable purposes, when authorized by the municipal authorities, on which there is no commercial advertising, provided that the municipality is held harmless for any damage resulting therefrom as provided in section 1407 of the state building code.
(Requested by: Acting City Manager) CHAPTER NO. 267
10. The following ordinance establishes Recreation Center fees:
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”, which amends Article V entitled “Parks and Recreation Areas” by adding thereto the following:
Sec. 13-177. Recreation Center fees.
The recreation center membership fees are hereby fixed as follows:
| (a) Adult membership | $50.00 | |
| (b) Child membership (18 years of age and under) | $25.00 | |
| (c) The Recreation Director may waive the annual fee upon a finding of financial hardship. | | |
(Requested by Acting City Manager)
(Ordinance was amended for First Passage - will be advertised for public hearing for September 2, 2003)
11. The following ordinance increases the fines for purchase, sale, or delivery of tobacco products to persons under 18 years of age.
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. 9-15 entitled “Purchase, sale or delivery of tobacco products to persons under 18 prohibited; notice of law to be posted” to read as follows:
(a) No person under 18 years of age shall purchase nor shall any person sell, give or deliver to any person under 18 years of age any tobacco in the form of cigarettes, cigars, pipe tobacco, chewing tobacco or snuff.
(b) Any person, firm or corporation that owns, manages or operates a place of business in which tobacco products are sold including sales through cigarette vending machines, shall post notice of this law conspicuously in such place of business in letters at least three-eighths of an inch high. Signs required by this section may be provided by the department of health at cost.
(c) Any person violating the provisions of this section shall be penalized as follows:
(1) Such person shall be fined $200.00;
(2) Any person violating this section a second time within 36 months of the first offense shall be fined $300.00;
(3) Any person violating this section a third time within 36 months of the first offense shall be fined $500.00 and may be ordered not to sell tobacco products for up to 90 days.
(d) Any person violating this section shall be cited for such violation and may:
(1) Pay the fine indicated on the citation either by mail or in person, within 20 days after receiving the citation; or
(2) Shall be required to appear in the Municipal Court for the City of East Providence for a hearing on that citation.
(Requested by Acting City Manager) CHAPTER NO. 268
12. The following ordinance increases fees on certain motor vehicle violations:
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 18-11 entitled “Traffic fines to read as follows:
Fines for violation of the motor vehicle regulations contained in this chapter are hereby fixed as follows:
| (1) Defiance of corner law | $25.00 |
| (2) Operating motor vehicle in violation of posted restricted street | 25.00 |
| (3) Parking at bus stop | 25.00 |
| (4) Parking at crosswalk | 25.00 |
| (5) Parking in front of driveway | 25.00 |
| (6) Parking in front of hydrant | 25.00 |
| (7) Parking in restricted area | 25.00 |
| (8) Parking too far from curb | 25.00 |
| (9) Parking with left wheel at curb | 25.00 |
| (10) Violating time regulation | 25.00 |
| (11) Parking in fire lane | 50.00 |
| (12) Parking on sidewalk | 25.00 |
| (13) For violation of snow emergency ordinance | 50.00 |
| (plus towing and storage charges, if any) | |
| (14) Parking by commercial vehicles in restricted areas | 50.00 |
| (15) Parking in disabled parking: | |
| First violation | 75.00 |
| Second violation | 150.00 |
| Third violation | 300.00 |
All of the above traffic fines are subject to a $4.00 increase upon issuance of a summons for such violations.
(Requested by Acting City Manager) CHAPTER NO. 269
13. The following ordinance establishes a 12% per annum penalty on unpaid water charges.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”, which amends Sec. 17-36 entitled “Water rates.” by adding thereto the following:
(d) Any amount unpaid on the due date shall be subject to a penalty at the rate of 12 per centum, per annum.
(Requested by Acting City Manager) CHAPTER NO. 270
14. The following ordinance establishes fees for voter information and for membership and meals at the Senior Center.
AN ORDINANCE IN AMENDMENT OF CHAPTER 1 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “GENERAL PROVISIONS”, which amends CHAPTER I by adding the following:
Sec. 1-17. Canvassing authority fees.
The fees for voter information are hereby fixed as follows except as otherwise provided for in R.I.G.L. § 17-19.1-21:
Voting lists (hard copy):
| City fee | $100.00 |
| Ward fee | $ 60.00 |
| Representative district fee | $ 60.00 |
| Senate district fee | $ 60.00 |
| Voting lists (3 ½ disk) | $ 50.00 |
| City of East Providence map | $ 10.00 |
Sec. 1-18. Senior Center Fees.
The fees for membership to the Senior Center are hereby fixed as follows:
| City resident fee (per year) | $10.00 |
| Non-resident fee (per year) | $15.00 |
| Daily meal | $ 2.50 |
(Requested by Acting City Manager) CHAPTER NO. 271
15. The following ordinance increases the fee for service pipes installed by the Water Dept.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”, which amends Sec. 17-19 entitled “Same–Amendments.” of Article II entitled “Water” to read as follows:
Section 3. Service pipes (general). Amended by changing the subsection entitled, “Connection charge for service pipes,” to read as follows:
“Service pipes are installed by the water division from the distribution main in the street up to and including the curb stop just inside the curbline. In the case of service lines six inches or larger, the installation will terminate just inside the curbline with no curb stop.
The charge for this installation will be at the following rates, and must be paid for in advance.
| Size of Pipe | Cost of Installation |
| 3/4 inch | $1,675.00 (includes meter) |
| 1 inch | $1,770.00 (includes meter) |
| 2 inch | $2,525.00 (includes meter) |
| 6 inch and 8 inch | $3,500.00 plus cost of tapping sleeve and valve (no meter) |
“The above service pipe charge is a connection charge and is made irrespective of the length of service pipe or the location of the main pipe.”
“Additional costs such as road sawcutting, police detail work and work necessary to comply with state road cut permits will be billed as required by the job.”
(Requested by Acting City Manager) CHAPTER NO. 272
16. The following ordinance increases Water service fees.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”, which amends Sec. 17-37 entitled “Water service.” to read as follows:
Sec. 17-37. Water service.
Fees for service charges for the following services performed by the water department are hereby fixed as follows:
| (1) Installation of water meter | $50.00 |
| (2) Testing water meter under existing regulations or when requested by customer: | |
| (a) 1 inch and smaller | $25.00 |
| (b) 1.5" and larger | Actual cost |
| (3) Turning off or turning on water after working hours at request of customer (non-emergency) | Actual labor cost |
| (4) Turning on water after customer pays delinquent bill | $25.00 |
| (5) Shut off charge (for nonpayment) | $50.00 |
| (6) Fire protection service sprinkler or private hydrant: | |
| (a) Six-inch pipe serviced to property, annual | $225.00 |
| (b) Eight-inch pipe services to property, annual | $300.00 |
| (c) Two-inch pipe serviced to property, annual | $100.00 |
| (d) Sprinkler system on domestic service | $100.00 |
| (7) Fire flow test | $100.00 |
| (8) Final reading and closing statement | $25.00 |
| (9) Frozen meter | Actual repair cost |
| (10) Bacteria sample - new water main disinfection | $40.00 |
(Requested by Acting City Manager) CHAPTER NO. 273
17. The following ordinance establishes fees for the collection of white goods.
AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “GARBAGE AND REFUSE”, which amends Article IV entitled “Recyclables” of Chapter 6 by adding thereto the following:
Sec. 6-45. White goods collection fee.
The fee for collection of white goods, as defined in Sec. 6-39, is hereby fixed at $20.00 for each item.
(Requested by Acting City Manager)
(Ordinance was amended to read “$10.00" for First Passage - will be advertised for public hearing for September 2, 2003)
18. The following ordinance increases fees for various business licenses and permits issued by the City Clerk’s office.
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 amends:
SECTION I. Subsection (b) of Sec. 8-5 entitled “Closing hours for businesses.”
(b) Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $100.00.
SECTION II. Sec. 8-27 entitled “Business licenses and permits generally.” of Article II entitled “Miscellaneous business and occupational licenses and permits” is hereby amended to read as follows:
Licenses and permit fees for the following types of businesses are hereby fixed as follows:
(1) Automobile junkyards, per location, annually . . . . $100.00
(2) Closing-out sales, as defined by G.L. 1956, Sec. 6-14-3, per sale . . . . 100.00
(3) Employment agency operators, annually . . . . 75.00
(4) Hawkers and peddlers:
a. Annually, $125.00; 90 day, 75.00 ; 60 day, 50.00; daily, 25.00
b. Watches, jewelry, gold and silver . . . . 50.00
c. General merchandise . . . . 25.00
(5) Itinerant vendors, as defined by this chapter . . . . 350.00
(6) Secondhand dealers:
a. Automobiles, per location, annually . . . . 100.00
b. Antique shop operator per location, annually . . . . 75.00
c. Other stores and shops, per location, annually . . . . 25.00
(7) Tattoo parlors . . . .200.00
(8) Automobile body repair shop . . . .100.00
SECTION III. Sec. 8-28 entitled “Occupational licenses and permits generally.” of Article II entitled “Miscellaneous business and occupational licenses and permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
The license and permit fees for the following enumerated occupations are hereby fixed as follows:
(1) Drainlayers, annually . . . . $40.00
(2) Foundryman, as defined by G.L. 1956, Sec. 5-27-1, annually . . . . 5.00
(3) Junk gatherers, annually . . . . 5.00
(4) Junk shop operators, per location, annually . . . . 25.00
(5) Laundries and dry cleaners, per location, annually . . . . 25.00
(6) Night soil removers, annually . . . . 200.00
(7) Pawnbrokers' shops, annually . . . . 200.00
SECTION IV. Sec. 8-29 entitled “Caterers.” of Article II entitled “Miscellaneous business and occupational licenses and permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
License fees for the carrying on of a catering business by mobile units are hereby fixed at $100.00 for each unit.
SECTION V. Sec. 8-31 entitled “Sunday sales and holiday sales.” of Article II entitled “Miscellaneous business and occupational licenses and permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
No person shall engage in sale by retail on Sundays and holidays as permitted by state law without first obtaining a license from the city clerk after approval by the city council. License fees for Sunday sales and holiday sales are hereby fixed as follows:
(1) First class, open to 6:00 p.m. . . . . $100.00
(2) Second class, open to 1:00 p.m. . . . 75.00
(3) Daily . . . .25.00
SECTION VI. Subsections (1), (2), and (3) of Sec. 8-32 entitled “Taverns and victualing houses.” of Article II entitled “Miscellaneous business and occupational licenses and permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
(1) First class, capacity to serve 51 persons or over . . . . $150.00
(2) Second class, capacity to serve 26 to 50 persons . . . . 125.00
(3) Third class, minimum and one to 25 persons . . . . . . . 75.00
SECTION VII. Sec. 8-33 entitled “Sale, possession and use of explosives.” of Article II entitled “Miscellaneous business and occupational licenses and permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
Whenever a license or permit is granted to any person to sell, possess or use explosives in the city, the fees for such license or permit are hereby fixed as follows:
(1) Dealer, annually . . . .$ 50.00
(2) Possessor, annually . . . .25.00
(3) Blasting, per location . . . 50.00
SECTION VIII. Subsections (2)a., (4), (6), (7) a. & b., (8), (9), and 13 a. of Sec. 8-66 entitled “Amusements generally.” of Article IV entitled “Amusements” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
(2) Bowling:
a. Per alley, annually . . . .20.00
(4) Carnivals, per day . . . .50.00
(6) Palmistry, annually . . .100.00
(7) Pinball machines:
a. Per unit . . . .100.00
b. Sundays and holidays, extra per unit . . . .75.00
(8) Pool tables:
a. Per table, annually . . . .100.00
(13) Video games:
a. Per game, annually . . . 100.00
SECTION IX. Subsection (g) of Sec. 8-399 entitled “Dumping of contents at city treatment plant.” of Article XIV entitled “Privies, cesspools, etc.” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
(g) The fee for septic tank and cesspool dumping shall be based at the rate of $25.00 per 1000 gallons.
(Requested by Acting City Manager) CHAPTER NO. 274
NEW BUSINESS
a. CITY MANAGER
1. Response to Request for Bids- Request to award contract for the purchase of one dump truck for the Water Department.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to award a contract to Colony Ford in the amount of $40,424.
2. Request to go into Executive Session to discuss contract negotiations with the following unions:
· I.B.P.O.
· I.A.F.F.
· U.S.W.A., Local 15509
· U.S.W.A., Local 15509A
· E.P.P.M.T.E.A.
· Department Heads
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to put this at the end of the meeting.
3. Lease of 6 Police vehicles
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve Mr. Conley’s request for the financing of 6 police vehicles at a price of $162,743 for 2 years at a rate of 2.66%.
4. Status of Welfare Office
Mr. Conley reports that there has been space reserved at the Self-Help building in Riverside for the East Providence Welfare office for the people who need the services. The East Providence office will be open on the days that the State is not there. The days will be announced as soon as things are set up.
b. REPORTS OF OTHER CITY OFFICIALS
1. (By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
§ Raymond Calner, Claim No. 03-35 Approved
§ Ellsworth McLeod, Claim No. 03-034 Approved
§ Bruce Murray, Claim No. 03-38 Denied
§ Walter Smith, Claim No. 03-31 Refer to Insurance Carrier
§ Albert & Vertie Theilig, Claim No. 03-36 Refer to Insurance Carrier
§ Tammy Dillon, Claim No. 03-10 Refer to Law Department
§ Richard J. Carey Vs. City of East Providence Refer to Law Department
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it was unanimously voted to accept as presented.
Unanimous Consent
Mr. Conley receives unanimous consent to report on the Caprionato Corporation Purchase and Sale Agreement. He gives the history of the property sale and reports that they are ready to close on the property, but because of the delays, the City will be getting 1980 prices.
2. (By Jeanne Boyle, Director of Planning)
Union Primary School -Future Use
Jeanne Boyle gives an overview of the history of the use of the Union Primary School since it was turned over to the City. She says the Planning Board is recommending the City Council issue an RFP for use of the portion of the school currently being used by the Seekonk YMCA for a RI DCYF licensed child care service provider.
Councilman Ramos asks that the East Providence Community Center be given the opportunity to speak on the issue. Ms. Boyle states that the proposal does not affect the space used by the Community Center.
The Council consents to allow a speaker from the Community Center.
Cheryl Gibbs, Executive Director of the East Providence Community Center, addresses the Council and states that they have worked out the problems with Jeanne Boyle and the City Manager. She says they are in agreement with the recommendations as outlined by the Planning Department.
It is also mentioned that the East Providence Community Center will be allowed to respond to the RFP.
On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the recommendation, to be effective during the next school year.
(By Joseph Crook, Director of Parks/Recreation)
Recommending the appointment of Michael R. Bartlett as Tree Warden for the City of East Providence.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
c. COUNCIL MEMBERS
(By Mayor Rolland R. Grant)
C Complaints about Drainage from Trash Trucks
Mayor Grant states that he has received numerous complaints about the smell emanating from several of the trash trucks that are draining on the street. He asks the City Manager to look at the contract and see what can be done.
C Ordering medicine from Canada as an alternative to spending millions of City $$ for prescriptions
Mayor Grant says he would like the City to look into this as a way of saving the taxpayers money. He says he will get more information on this.
3. Web Site for City
Mayor Grant asks the Council members to get their pictures in with a bio to be put up on the City’s web site.
4. Brook on Merritt Road
Mayor Grant speaks about a drainage problem on Merritt Road which has been a problem for years. He asks that the City look into it to take care of it once and for all.
Councilman Harrington says he has a similar problem on Robin Hood Drive.
(By Councilman Isadore S. Ramos)
Discussion on Zoning Ordinances
Councilman Ramos states that he has a problem with people getting variances to get relief from various zoning ordinances. He says he doesn’t know how builders are able to put houses on undersized lots when there are ordinances preventing this.
Councilman Miranda speaks on the issue, having served on the Zoning Board for many years. Councilman Harrington, also a one-time member of the Zoning Board, also speaks on the issue. The Planning Board is asked to look into the matter.
(By Councilman Norman J. Miranda)
1. Update on Demolition of Welfare Building on James Street, Bentley St. Garage, and Tristam Burges School
C Councilman. Miranda says he has been asked about the status of the demolition of the former Welfare Building on James Street from concerned neighbors, and he asks that he be given an update and that the building be demolished soon. .
C Councilman Miranda reports that he received an update on the status of the Bentley Street Garage, and the City is going through the process of obtaining the necessary permits.
C He has received an update on the Tristam Burges.
Unanimous Consent - Councilman Miranda
Councilman Miranda commends Steve Coutu and the employees who were responsible for the cleaning up of Oakley Street to Potter Street .
(By Councilman Patrick A. Rogers)
Traffic Control Issues
Councilman Rogers states that there is an item under Communications which pertains to his docket item, and asks that it be heard at this time.
John Lavill, 260 Wilson Avenue, requesting to address the Council regarding a traffic abatement proposal for Wilson Avenue and Greenwood Avenue
Mr. Lavill address the Council and asks that something be done to decrease the traffic flow on Wilson Avenue.
Councilman Rogers says this is an issue that also is a State issue. He proposes talking to Representative Rose and Senator Damiani to see what can be done on the state roads, particularly on the light at North Broadway and Pawtucket Avenue where the Church is.
(By Councilman Daniel F. Harrington)
1. Requesting a Resolution changing the name of “Wilann Drive” to its historically accurate name of “Wilann Circle.”
Councilman Harrington asks that the signage be changed to read Wilann Circle.
On motion of Councilman Rogers, seconded by Councilman Ramos, ad on a roll call vote, it is unanimously voted to approve.
Unanimous Consent - Councilman Harrington
Councilman Harrington commends Steve Coutu, the Public Works Department, and the Police Department for the work done at the site of the crater in Riverside.
2. Update/Status Report on Confidential Employee Survey
Councilman Harrington says of the 400 surveys sent out, he received 25 back. He says the box will be out there for another couple of weeks and urges employees to fill it out.
Unanimous Consent - Mr. Conley
Mr. Conley receives unanimous consent to have Steve Coutu give an update on the collapse of the road in Riverside.
Mr. Coutu reports on the matter and commends the crew and City Engineer Alan Corvi for the work and effort put into this project.
On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to change the order of business to hear the second item under “Communications.”
COMMUNICATIONS
John Rossi, President, I.B.P.O., Local 569, requesting to discuss Councilman Rogers’ editorial/commentary in the Providence Journal - Sunday edition dated 8/10/03.
John Rossi is present and sworn. Mr. Rossi says he decided to address the Council after careful consideration. He goes on to read a prepared statement in response to an editorial by Councilman Rogers.
Following Mr. Rossi’s remarks, Councilman Rogers responds and says he is willing to set an example on the co-pay issue, and asks that through the City Manager, that Mr. Benoit take $15 from his paycheck from this point forward to go toward the contribution for his health care premium. He says he is challenging the leaders of the unions to follow his example.
Councilman Ramos states that negotiating up here is totally wrong. He says the police have the same concerns as ours, and as far as the School Department goes, it is not the Council’s business.
Following discussion between Councilman Ramos and Councilman Rogers, Councilman Rogers says he is just one Councilman expressing his opinion.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to return to the regular order of business.
(By Mayor Rolland R. Grant, Councilman Norman J. Miranda, and Patrick Rogers)
Job Performance Review
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to put this at the end of the meeting.
INTRODUCTION OF ORDINANCES
(If given first passage, can be referred to the next regular Council meeting to be held on September 2, 2002 for a public hearing and consideration of final passage)
1. 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 Division 5 entitled “Minimum Residential Standards” by adding thereto the following:
Sec. 4-146. Overgrown yard; weeds; leaves; brush and natural debris.
(a)Every owner, occupant or person having the care of such residential property or dwelling shall be responsible for dwelling premises that is overgrown with grass, weeds, overgrown vegetation or underbrush, and it shall be the duty of the owner, occupant or any person having the care of such residential property to cut such grass, weeds, vegetation or underbrush to a height not exceeding six inches in order that it may be made safe and convenient. Overgrown vegetation shall mean grass, weeds, and other ground cover which has been allowed to be grown in an uncontrolled manner and are not regularly cared for and maintained. The owner, occupant or any other person having the care of such residential property shall cut such grass, weeds, vegetation or underbrush within three days after receiving notice that he/she is in violation of this section from the chief inspector.
(b) The owner or occupant of any land upon which there exists natural debris shall cause such natural debris to be removed within three days after receiving notice to do so from the chief inspector. Natural debris shall mean yard clippings, leaves, branches or wood.
(c) Whenever the owner or occupant fails to comply with an order to remove grass, weeds, overgrown vegetation, underbrush or natural debris and the city inspector determines that such grass, weeds, overgrown vegetation, underbrush or natural debris affect the health, safety and welfare of the surrounding neighborhood by harboring rodents and mosquitoes, by increasing dumping and littering, by creating fire hazards, by creating unsightly and unsanitary debris and by impeding upon the safe passage of pedestrians along sidewalk areas, the inspector may order the removal of the grass, weeds, overgrown vegetation, underbrush or natural debris and access the whole cost incurred for such removal by imposing a lien on the property as provided or authorized by the law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs. The lien will not be removed until the city inspector has been fully reimbursed for the execution of the removal of the grass, weeds, overgrown vegetation, underbrush and natural debris. The owner or occupant will also be subject to a civil penalty of $50.00 for not complying with the order of removal.
(Requested by: Minimum Housing Inspector)
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
The following ordinance clarifies current practices of Harbor Management, provides for up to four assistants, clarifies when fees are collected, assesses a $100 fee to non-respondents, standardizes the type of buoy used for a mooring float, adds provisions for movement and replacement of moorings during dredging, provides a time frame for a response to a warning, and increases the dollar amounts of penalties.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”. , which amends
SECTION I. Subsection 6) of Sec. 13-82 entitled “Composition and appointments; powers duties; membership” of Division 2 entitled “Harbor Management Commission” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
6) Ex officio members.
a. The Harbormaster shall be a nonvoting, ex officio member of the harbor management commission.
b. To enable the harbor management commission to coordinate issues of mutual concern between adjacent coastal municipalities, there may be one nonvoting, ex officio member from Barrington, Providence, and Pawtucket, who is either on a harbor management commissions or who is a resident of these municipalities.
SECTION II. Sec. 13-84 entitled “Assistant Harbormasters” of Division 3 entitled “Harbormaster” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
There shall be up to four assistant harbormasters who shall be appointed by the city council for a term of office concurrent with that of the council and until his/her successor is appointed and qualified and shall report directly to the harbormaster and are empowered with the same duties as the harbormaster, under the direction of the harbormaster. Only two of the four assistant harbormasters shall receive compensation.
SECTION III. Sec. 13-85 entitled “Salary to be set by the city council.” of Division 3 entitled “Harbormaster” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
The salary of the harbormaster and two assistant harbormasters shall be fixed by the city council. The remaining assistant harbormasters shall serve without compensation.
SECTION IV. Sec. 13-94 entitled “Towing and moving of vessels.” of Division 4 entitled “ Harbor Regulations” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
If any vessel berthed, moored, or anchored in the coastal waters of the city is found to be in violation of any provision of this chapter, the harbormaster is directed to move, relocate, or tow such vessel. In addition to any fees such violation shall incur, a fine of $100.00 shall be collected from the vessel owner for such harbormaster action. This fee shall be set by the city council periodically, upon recommendation from the harbor management commission.
SECTION V. Subsection (b) of Sec. 13-116 entitled “ Permitting.” of Division 5 entitled “ Mooring Regulations” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(b) Request for a new mooring permit. To be eligible for a new mooring permit, an applicant must own a boat for which a mooring permit is being sought. All requests for new mooring permits shall be submitted to the city clerk on the application forms available at the city clerk’s office The city clerk will forward a copy of all applications for new mooring requests to the harbormaster. A complete and accurate mooring permit application must be provided before the harbormaster can act to approve or deny such application. The harbormaster shall determine if a new mooring permit can be issued only after all the pertinent provisions of the harbor management plan and this chapter are met (Ref. Sec. 13-116(g)). If the harbormaster issues a mooring permit, the mooring owner for which such permit has been issued must locate the mooring at the direction of the harbormaster, assistant harbormaster or designees in accordance with the harbor management plan and this article.
SECTION VI. Subsection (c) of Sec. 13-116 entitled “ Permitting.” of Division 5 entitled “ Mooring Regulations” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(c) Permit renewals. Renewal forms will be mailed by the harbormaster each year to those persons who held valid mooring permits at the end of the previous calendar year by January 15 and returned to the city hall by March 31. Permit renewals that include a change in the vessel size or draft may cause the renewal to be considered under Sec. 13-116 (d) of this article, Relocation of existing permitted moorings. Nonrespondents shall be sent a registered letter on or about April 1, assessing them a $100.00 late fee and giving the permit holder until April 15 to renew. Failure to submit a renewal form, mooring permit fee, and late fee by April 15 may result in the loss of the permitted space. It shall be the responsibility of the mooring permit holder to notify the harbormaster of any change in address. The harbormaster shall approve or reject mooring permit applications by April 15.
SECTION VII. Sec. 13-117 entitled “Mooring permit application requirements.” of Division 5 entitled “ Mooring Regulations” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
The following requirements are set for applications for private mooring permits: (Ref. 13-78, Exhibit 1)
(1) Name, address and telephone (home and office) of owner;
(2) Vessel name, make, model, color, length (feet), draft (feet), and registration umber;
(3) Whether vessel has changed in status since the last permit was issued.
(4) Mooring classification (type), actual mooring weight;
(5 ) Area where applicant would like to locate mooring, prioritized.
See section 13-78, Exhibit 1.
SECTION VIII. Sec. 123 entitled “Mooring tackle specifications” of Division 5 entitled “Mooring Regulations” of Article III entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended by adding thereto the following
(6) The mooring buoy shall be white in color and shall have a blue stripe. The Mooring number shall be displayed in contrasting color in two places on each mooring buoy in block numerals at least three inches in height.
(7) A winter mooring stick/spar, if used to replace the mooring buoy, shall be white in color and bear the assigned mooring number in block numerals at least 3 inches in height. A winter mooring stick/spar shall be removed on or before May 31st and shall not be set until or after September 30th of each calendar year.
(8) A mooring in violation of these specifications may be issued a warning sticker (Ref. 13-78, Exhibit 6). Failure to respond to this warning issued by the harbormaster within the specified amount of time from the date issued, shall result in additional penalties and fines as provided for in this article.
SECTION IX. Division 5 entitled “ Mooring Regulations” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended by adding thereto the following:
Sec. 13-125 Dredging.
(a) Periodically Mooring Fields A-1, A-2 and B may be maintenance dredged as part of a federal project. It shall be the sole responsibility of the mooring permit holder (owner of the mooring) to remove all hardware and ground tackle for the duration of the dredge project. Notification will be made to remove mooring hardware and ground tackle by form of a letter to mooring permit holders and public notice. If after proper notification, a mooring and/or its ground tackle are not promptly removed by the mooring permit holder (owner of the mooring), the mooring and/or its ground tackle will be removed and disposed of at the owners expense and the mooring permit will be revoked.
(b) Re-installation of mooring hardware and ground tackle will be the sole responsibility of the mooring permit holder (owner of the mooring). After the dredging project is completed, mooring permit holders will be sent notification by the harbormaster that will include information on the designated positions for the permitted mooring locations. The mooring grid will be re-established in accordance with the Guidelines for establishing mooring grids as provided for in this Article. An individual’s mooring may or may not be placed in its original location.
SECTION X. Sec. 13-141 entitled “Fees.” of Division 6 entitled “ Fees and Penalties” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
No permit shall be issued until payment of the appropriate fee is made to the City of East Providence. All such fees are nonrefundable. These fees shall be set annually by the harbor management commission and shall be approved as part of the harbormaster’s budget submitted to the city council. The mooring permit fee shall not be less than $50.00. At no time shall the fee collected from a mooring permit applicant be different for residents and nonresidents.
SECTION XI. Sec. 13-142 entitled “Penalties.” of Division 6 entitled “ Fees and Penalties” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(a) If a vessel, mooring, or anchorage is found to be in violation of any provision of this article, the harbormaster may issue a warning that lists the violation(s) (Ref. Sec. 13-78, Exhibit 6). The owner of the vessel, mooring, or anchorage must respond to this warning within the number of days from the date the warning was issued, that is specified on the warning (a minimum of five (5) days). Failure to respond to a warning issued by the harbormaster within the specified amount of time from the date issued, shall result in additional penalties and fines as provided for in this article.
(b) Penalties.
(1) Reckless boat operation… $300.00- $1,500.00
(2) Speeding.... 75.00– 125.00
(3) Leaving a wake . . . . 75.00
(4) Abandoned or without proper registration
or documentation, numbers or markings . . . . 75.00
(5) Mooring not designated by harbormaster . 25.00
(6) Anchorage not designated by harbormaster 75.00
(7) Refusal to move or stop on oral command of
harbormaster . . . . 100.00
(8) Failure to carry and/or use required equipment 50.00
(Requested by: Harbor Management Commission)
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 Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
3. 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 Subsection 18-307 entitled “Parking prohibited at all times.” by adding the following:
OAKCREST DRIVE (south side) from Margaret Avenue to its dead end.
(Requested by: Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Mayor Rolland R. Grant)
Beautification Commission
(R) Louise King 35 Greenwich Ave. 02914
(R) June O’Hara 1354 So. Broadway 02914
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve both appointments.
(By Councilman Patrick A. Rogers)
Beautification Commission
(R) Alice Arden 142 King Philip Rd. 02916
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.
Traffic Control
Charles F. Bassett, Jr. 105 Newman Ave. 02916
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
(By Councilman Daniel F. Harrington)
Assistant Harbormaster
Michael D. Popolillo 35 Tanglewood Dr. 02915
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
(By Dr. Isadore S. Ramos)
Beautification Commission
(R) Hilda Andrews 2 No. Spruce St. 02914
Jacquelyn Bourne 12 Marietta St. 02915
Celeste Radock 25 Bourne Ave. 02916
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve all three appointments.
(By Councilman Norman J. Miranda)
Carousel Park Commission
Gail Hogan 119 Lyon Avenue 02914
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
Motion is made by Councilman Miranda and seconded by Councilman 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)(2)[Collective Bargaining, to discuss negotiations, and Section 42-46-5-(a)(1)[Job Performance]. The motion passes unanimously on a roll call vote.
The open meeting recesses at 10:40 p.m. and goes into Executive Session.
The open meeting reconvenes at 11:34 p.m. with all Council members present, and adjourns at 11:34 p.m.
Attest:
Valerie A. Perry,CMC
City Clerk Approved: September 2, 2003