CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR CITY COUNCIL MEETING

JULY 15, 2003

 

The City Council meets in the Council Chamber on Tuesday, July 15, 2003 and is called to order at 7:45 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

 

Timothy Chapman

)

Acting City Solicitor

 

The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.

 

>CONSENT CALENDAR

 

1.         Approval of Council Journals

Regular Meeting - June 17, 2003

Executive Session - Meeting w/City Manager Search Committee - July 1, 2003

2.         Alcoholic Beverage License - Heritage Days

3.         Rhode Island Dept. of Environmental Management - Insignificant Alteration Permit

Application No. 03-0152 along a drainage ditch located at the base of the northern I-195 embankment from the Warren Avenue overpass to the Runnins River and at an outfall located southwest of Highland Avenue (RI Route 6) between Catamore Boulevard and the RI/MA state line, East Providence, RI (RIFAP No. DPI-0140 (001). (R.I. Dept. of Transportation)

4.         Rhode Island Dept. of Environmental Management - Insignificant Alteration Permit

Application No. 03-0158 along a 4000 ft. stretch of I-195 starting from the RI/MA state line and ending immediately east of the Aexit 8" off ramp, East Providence, RI (RIFAP No. Im-1954 (050) (R.I. Dept. of Transportation)

5.         Coastal Resources Management Council - CEASE AND DESIST ORDER

Property located at Map 108, Block 1, Parcel 11, 1419 So. Broadway

(Steven Alan and Deborah Wilson)

6.         Coastal Resources Management Council - CEASE AND DESIST ORDER

Property located at Plat 209, Lot 3, 6, Boyden Blvd/Bond Rd and Squantum Cove (Squantum Association)

7.         CANCELLATION/ABATEMENTS - Alberto S. Ereio, Tax Assessor        

 

YEAR

AMOUNT

2003

$13,378.92

2002

1,857.96

2001

394.73

TOTAL

15,631.61

 

8.         Resignation - Leslie Haworth - Historic Properties Designation and Study Comm.

9.         Alcoholic Beverage License - Class F - July 19, 20, 2003

Carousel Park Commission - Bullocks Point Avenue

10        Alcoholic Beverage License -Class F - July 25, 26, 27, 2003

East Providence Heritage Festival Committee - Pierce Field

11        Alcoholic Beverage License - Class F - August 8, 9, 10, 2003

St. Martha=s Church - 2595 Pawtucket Avenue

12.       Victualing - Transfer of Corporate Name Change (Same Owner)

To Golden House Restaurant Inc.  From Yi He Chinese Rest. Inc. 126 Taunton Ave.

13.       CRMC - Joseph LaMountain, 153 Terrace Ave., E.P.   02915

#2003-06-074             To construct and maintain: a 4' x 51' fixed timber pier, ramp, and 8' x 18' float.  Also, a 14'x40' upland deck is proposed.

14.       Alcoholic Beverage, - Class F - July 18, 19, 20, 2003

Holy Ghost Brotherhood Of Charity - 59 Brightridge Avenue

 

On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to remove the minutes of the Executive Session from the Consent Calendar and to keep them closed.

 

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

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

1.         Bingo - Cape Verdean Club- 325 Grosvenor Avenue

 

Councilman Ramos recuses himself from the discussion and vote because of his affiliation with the Cape Verdean Club.

 

Cecelia Garedo, 117 Cadorna Street, East Providence, Rhode Island is present and sworn.

 

On motion of Councilman Harrington, seconded by Councilman Miranda, it is voted 4-0 to approve.

 

2.         Victualing - N/Over 25 - Transfer

 

From JSZ Restaurant, Inc., dba Sax=s Steak & Pizza Restaurant

To Adaco LLC, dba Sax=s Steak & Pizza Restaurant

 

Andreas D. Andrikopoulos, 33 Wagon Lane, Attleboro, Massachusetts is present and sworn.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Health Inspector.

 

3.         Victualing - N/over 25

 

Cumberland Farms #1300 - 2261 Pawtucket Avenue

 

4.         Sunday/Holiday Sales

 

Cumberland Farms #1300 - 2261 Pawtucket Avenue

 

5.         Victualing - N/over 25

 

Cumberland Farms #1227 - 2812 Pawtucket Avenue

 

6.         Victualing - N/over 25

 

Cumberland Farms #1225 - 350 No. Broadway

 

Linda Martone, 183 Paris Irons Rd. Chepachet, Rhode Island is present and sworn.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve all Cumberland Farms licenses, subject to approvals of the Police Chief, Building Inspector, and Health Inspector.                       

 

7.         Victualing - N/over 25 - Transfer

 

From Ping-Nor Leung dba East Providence Bistro

To Peter D=Ambra & Christopher Costa, dba East Providence Bistro, 456 Warren Ave.  

 

Peter D=Ambra, 3 Rosewood Drive, Seekonk, Massachusetts and Christopher J. Costa, 49 Tower Avenue, East Providence, Rhode Island are present and sworn.

 

On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Health Inspector.

 

8.         Private Detective License

 

Peter James DeMedeiros, 108 Farnum Street, East Providence, RI 02914

 

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to defer.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

 

ORDINANCES - FINAL PASSAGE (Given first passage June 17, 2003)

Advertised - Providence Journal - June 20, 2003                                                         

 

1.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AVEHICLES AND TRAFFIC@, which amends Sec.  18-269 entitled AStop and yield intersections designated; when stops required.@ by adding thereto the following:

 

DONNELLY STREET, (southbound), at Sanford Street.

CHARITY STREET, (northbound), at Sanford Street.

(Requested by Director of Public Works)          CHAPTER NO. 256

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.

 

The following ordinance establishes procedures for mandatory spaying and neutering of dogs and cats, fines, and penalties for violations.

 

2.         AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AANIMALS.@ , which amends Article I entitled AIn General@ of  Chapter 3 entitled AAnimals@ by adding thereto the following:

 

Sec. 3-17.     Mandatory Spaying and Neutering of Dogs and Cats Adopted from a Licensed Releasing Agency.

 

(1) No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered within thirty (30) days of the adoption date or within thirty (30) days from the date that the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the responsibility of the adopting party.

   

(2) The written agreement must include the dog or cat's age, sex, and general description; the date of adoption and the date by which the dog or cat must be spayed or neutered; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount of the deposit remitted.

 

(3) In addition to executing the written agreement the adopting party must leave with the licensed releasing agency a deposit of not less than twenty dollars ($20.00) and not more than forty dollars ($40.00). The amount of the deposit shall be determined by the licensed releasing agency. This deposit will be refunded by the licensed releasing agency to the adopting party upon presentation of a written statement or receipt from a licensed veterinarian of the adopting party's choice where the dog or cat was spayed or neutered providing that the spaying or neutering was performed within the thirty (30) day period.

 

(4) Alternatively, the licensed releasing agency shall make appropriate arrangements for the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery completed before releasing the dog or cat to the adopting party.

 

(b)        The following are exemptions from the provisions of subsection (a):

 

(1)        (i)A licensed releasing agency returns a stray dog or cat to its owner.

 

(ii) A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.

 

(iii) A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.

 

(iv) A licensed releasing agency transfers a dog or cat to another licensed releasing agency.       

 

(2) The exemptions provided in subdivisions (ii) and (iii) above are only applicable if the licensed releasing agency receives a written report from a licensed veterinarian within the thirty (30) day period during which the spaying or neutering would otherwise be required, or in the case of a report contemplated by subdivision (ii), the report may be provided to the licensed releasing agency during any temporary extension period provided by subdivision (iii) if the health condition of the dog or cat has changed.

 

(c)        If requested to do so, a licensed releasing agency shall refund deposited funds to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the expiration of the period during which the spaying or neutering was required to be completed.

 

Any and all licensed releasing agencies:

 

(1) May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and

 

(2) Shall make a good faith effort to cause an adopting party to comply with this section.

 

Sec. 3-18.     Forfeited deposits.

 

Deposits required by Sec.3-17 which are unclaimed after sixty (60) days from the date of adoption or sixty (60) days from when the dog or cat reaches sexual maturity, whichever is later, will be forfeited by the adopting party and retained by the licensed releasing agency and shall be used for the following purposes:

 

(1) A public education program to prevent overpopulation in dogs and cats;

 

(2) A program to spay and neuter dogs and cats that are available for adoption by the licensed releasing agency;

 

(3) A follow‑up program to assure that dogs and cats adopted from the licensed releasing agency are spayed or neutered; and

 

(4) To defray additional costs incurred by the licensed releasing agency in complying with Sec. 3-17.

 

Sec. 3-19.   Penalties for violations.

 

(a) Violations of the provisions of Sec. 3-17 or the written agreement executed pursuant to Sec. 3-17 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and every incidence of non‑compliance by an adopting party which continues unremedied for thirty (30) days after written notice of a violation under this section constitutes a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the licensed releasing agency from which it was adopted, which licensed releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the licensed releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of Sec. 3-17 and Sec. 3-19 will be enforced against an adopting party by an East Providence  dog officer or a police officer and prosecution shall be before the East Providence Municipal Court.

 

(b) Violations of Sec. 3-17 or Sec. 3-18 by a licensed releasing agency are punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars ($250) for the second offense and five hundred dollars ($500) for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the licensed releasing agency's license to operate.

 

(c) All fines collected under subsection (a) will be remitted to the city clerk.  These fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the "Animal Health Fund" which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the "Animal Health Fund" shall be made available to the department of environmental management division of agriculture to defray any costs or expenses incurred by the state veterinarian in the enforcement of '' 4‑19‑16, 4‑19‑17 and 4‑19‑18.

 

(Requested by: Chief of Police)                         CHAPTER NO. 257

On motion of Councilman Rogers, 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.

 

3.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AVEHICLES AND TRAFFIC@, which amends SECTION I. Sec 18-269 entitled AStop and yield intersections designated; when stops required@ adding:  

 

BENSON AVENUE (northbound and southbound traffic) at METACOMET AVENUE.

 

(Requested by Director of Public Works)          CHAPTER NO. 258

Frank Massarotti, 93 Metacomet Avenue, East Providence, Rhode Island is present and sworn.  Mr. Massarotti suggests putting stop signs on both sides of Metacomet Avenue because of the speeding on the street.  Councilman Rogers asks the City Manager to have the Police Chief put additional personnel in the area.

 

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

 

NEW BUSINESS

 

CITY MANAGER

 

1.         Watchemoket Force Main Project Request to Award Contract for Engineering Services

 

Mr. Conley notes that the low bid did not meet all the requirements, and recommends awarding the bid to James J. Geremia in the amount of $84,900.

 

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

 

2.         Carousel Foundation - Response to Request for Bids - Request to Award Contract       

 

On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to award the contract to Maron Construction Co., Inc. at a bid price of $556,750.              

 

3.         Roadway Improvements - Phase I, Tabulation of Bids Request to Award Contract

 

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to award the contract to Cardi Corporation at a bid price of $928,722.

 

4.         I&I Remediation Request to Award Contract                    

 

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to award the contract to New England Pipe Cleaning Co. for $770,063.

 

5.         Water and Wastewater Infrastructure Improvements - Request for State Revolving Loan Funds for the water meter program and strategic planning for the Water Pollution Control Facility

 

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

 

6.         Library Construction - Riverside

 

Mr. Conley reports that the design is near completion and all necessary documents will be submitted to the State by August 1. 

 

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to accept the report.

 

7.         GIS Tree Inventory Grant Award

 

Mr. Conley reports that students will be conducting inventories on the city=s trees as part of the America the Beautiful grant program.

 

On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept the report.

 

8.         Narragansett Electric PUC Hearing

 

Mr. Conley reports that a hearing has been tentatively scheduled for August 8 pertaining to high tension wires on the waterfront.

 

On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to accept the report.

 

REPORTS OF OTHER CITY OFFICIALS

 

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

 

Claims and Litigation Committee Report

 

Leanaro Goncalves, Claim No. 03-32

Refer to Insurance Carrier

Lorraine Miranda, Claim No. 03-33

Approved

Peter Murray, Claim No. 03-106

Denied

Matthew Mutchelknaus, Claim No. 03-30

Referred to R.I.D.O.T.

Edmond D. Buxbaum, Jr., Claim No. 03-27

Approved

Nancy Hazard, Claim No. 03-16

Referred to Insurance Carrier

Alicia Antone, Commission for Human Rights

Referred to Law Department

 

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

 

PLANNING DEPARTMENT (Jeanne Boyle, Director)

RECREATION DEPARTMENT (Joseph Crook, Director)

 

Requesting City Council authorization to re-design and re-bid the concession stand building component of the Rose Larisa Memorial Park for up to the amount of available funds from federal, state, and private sources.

 

Parks and Recreation Director Joseph Crook reports on the proposed concession stand at the park and says various funding sources has raised approximately $180,000.

 

The Council enters into discussion regarding the concession stand.  Councilman Ramos asks how the money was transferred to the Park from the Carousel Commission.  Zac Gordon of the Planning Department answers questions.

 

Anthony Bochichio, Carousel Park Commission Chairman, addresses the Council and says the Commission decided it did not want to be in the Restaurant business and decided that the concession stand be built on the park side. 

 

Joe Larisa, 44 Don Avenue, East Providence, Rhode Island is present and sworn.  He explains that Kelly & Picerne donated $10,000 for the concession stand.   He goes on to say that the project received a total of $1,063,00 in federal, state, and private funds.

 

After further discussion, motion is made by Councilman Rogers, seconded by Councilman Harrington, to accept the recommendation to go out to bid on the project.  Roll call vote follows:

 

Councilman Harrington

Aye

Councilman Miranda

Aye

Councilman Ramos

Nay

Councilman Rogers

Aye

Mayor Grant

Aye

 

Motion passes 4-1.

 

COUNCIL MEMBERS

 

(By Mayor Rolland R. Grant)

Handicapped Van

 

Mayor Grant says he has received complaints that the City=s bus for the handicapped is not air conditioned and asks if anything can be done.  Mr. Crook says the bus does have air condition, but it doesn=t work.  He says he plans to budget for a new bus for next year.  He will look into getting the air condition fixed to get through this summer.

 

(By Councilman Patrick A. Rogers)

Freedom Green - Inaugural Summer Concert - E.P. Community Chorus - August 1st     

 

Councilman Rogers announces the concert, which is open and free to the public.

 

Unanimous Consent

 

Mr. Conley receives unanimous consent to request an Executive Session at the end of this regular meeting to discuss negotiations. 

 

On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously approved.

 

(By Mayor Grant, Councilman Miranda and Councilman Ramos)

Demolition of Tristam Burges School and James Street School

 

Mr. Miranda says the James Street School should come down first and says it should happen soon.

 

On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to refer the land use issue of the James Street School to the Planning Department.

 

Unanimous Consent - Mayor Grant

 

Mayor Grant receives unanimous consent to report on the boat trip to view the city=s 14 miles of shore line.  He thanks the Chief of Police for the security, the Harbormasters of Barrington, Bristol and Warren, along with our own Harbormaster for the craft, James Moran of the Planning Department for a wonderful job of pointing out various sites along the way, and for members of the press who were in attendance.

 

d.       RESOLUTIONS

 

ABANDONMENT OF NORTH BROW STREET

           

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon North Brow Street from 230.59 feet southerly of its intersection with Cross Street to the northerly boundary of Parcel 29 on Block 2 of Assessor=s Plat 106, as shown on a recorded plat of land entitled  AProposed Road Standard Oil Co.=s Property, East Providence, R.I., August 1912, W.L. Anthony Eng=r@ and on Tax Assessor=s Map 106,  Block No. 2  dated December 31, 2001 situated in East Providence, County of Providence, State of Rhode Island.

 

WHEREAS, said petition, having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on June 17, 2003.

 

It is hereby ORDERED, ADJUDGED, and DECREED that North Brow Street from 230.59 feet southerly of its intersection with Cross Street to the northerly boundary of Parcel 29 on Block 2 of Assessor=s Plat 106, as shown on a recorded plat of land entitled  AProposed Road Standard Oil Co.=s Property, East Providence, R.I., August 1912, W.L. Anthony Eng=r@ and on Tax Assessor=s Map 106,  Block No. 2  dated December 31, 2001 situated in East Providence, County of Providence, State of Rhode Island, as hereinabove described, be and is hereby abandoned as a public highway by reason of the fact that North Brow Street from 230.59 feet southerly of its intersection with Cross Street to the northerly boundary of Parcel 29 on Block 2 of Assessor=s Plat 106, as shown on a recorded plat of land entitled  AProposed Road Standard Oil Co.=s Property, East Providence, R.I., August 1912, W.L. Anthony Eng=r@ and on Tax Assessor=s Map 106,  Block No. 2  dated December 31, 2001 situated in East Providence, County of Providence, State of Rhode Island, as hereinabove described has ceased to become useful to the public, said abandonment to be subject to (1) the submission of a site plan showing the design and location of a dedicated fire-lane which has been approved by the Fire Department; (2) the adoption of an amendment to Sec. 18-106 setting forth the description of the fire-lane; (3) the submission of a survey plan certified as a class 1 survey; (4) the setting of granite bounds as the proposed property lines; (5) the establishing of all necessary easements (including descriptions) for utilities; and (6) the determination of the physical location of the drainage inlet located on said site for review by city staff.

 

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

 

It is further ORDERED, ADJUDGED, and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described, having thereon the words ANot a Public Highway@; and

 

It is further ORDERED, ADJUDGED, and DECREED that after entry of this decree the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County, and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said North Brow Street as hereinabove described who is known to reside within this state.   RESOLUTION NO. 24

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the resolution.

 

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

 

INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on August 19, 2003 for a public hearing and consideration of final passage)

 

The following ordinance designates parking spaces in the City Hall Parking Lot and the lot at 31 Grove Avenue.

 

1.         ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AVEHICLES AND TRAFFIC@, which amends Sec. 18-314 entitled AReserved Parking DesignatedBMunicipal 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 councilmen

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)

On motion of Councilman Rogers, seconded by Councilman Miranda, 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.

 

2.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AVEHICLES AND TRAFFIC@, which amends Sec. 18-269 entitled AStop and yield intersections designated; when stops required.@ by adding thereto the following:

 

THATCHER STREET (northbound and southbound traffic) at Nelson Street.

 

(Requested by Councilman Patrick A. Rogers)

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.

 

Councilman Rogers asks that one motion be taken for the following ordinances regarding City fees.

 

Councilman Ramos asks that the ordinances be enforced.  He also speaks on the ordinance dealing with dog feces, and says people should be made aware of the ordinance.  Councilman Harrington suggests putting up signs in public parks.

 

Mr. Conley asks that a sentence be added to the ordinance dealing with voter information which read Aexcept as provided for in R.I.G.L.  ' 17-19.1-21.@

 

The following establishes fines for failure to maintain cemeteries in East Providence

 

3.         AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED APUBLIC PLACES@, which amends Article II entitled ACemeteries@ 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)

The following ordinance increases the court costs for Municipal Court

 

4.         AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AADMINISTRATION@, which amends Section 2-278 entitled ACourt costs@ of Article VI entitled

 

AMunicipal 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)

The following ordinance increases the fines for violation of curfews in public places           

 

5.         AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED APUBLIC PLACES@, which amends Subsection (c) of Sec. 13-2 entitled ACurfew 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)

The following ordinance increases the fines for violations of City ordinances pertaining to animals and increases the fee for dog licenses.

 

6.         AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AANIMALS@ , which amends Subsection (e) of Sec. 3-9 entitled ACertain 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 ANuisance 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 APenalty@ 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 ADog 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)

The following ordinance establishes fees for wastewater discharge:

 

7.         AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AUTILITIES@, which amends Sec. 17-165 entitled AFees.@ of DIVISION 4 entitled AUSE REGULATIONS@ of Article II entitled AWater@ 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)

The following ordinance establishes Library fees:

 

8.         AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED APUBLIC PLACES@, which amends Article IV entitled ALibrary@ 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)

 

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 ABUILDINGS AND BUILDING REGULATIONS@, which amends SECTION I.  Section 4-16 entitled ABuilding 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

(b)  Estimated cost $5,001.00 to $10,000.00

$75.00

(c)  For each additional $1,000.00 or fraction thereof to $50,000.00

$7.00

(d)  $50,000.00

$353.00

     

 

For each additional $1,000.00 or fraction thereof to $100,000.00

$6.00

 

 

(e)  $100,000.00

$653.00

   

 

For each additional $1,000.00 or fraction thereof to $1,000,000.00

$5.00

 

 

(f)  $1,000,000.00

$5,153.00

 

Plus $ 4.00 per thousand or fraction thereof, no maximum.

 

 

(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

 

 

(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.

 

 

(i)  Demolition:

 

 

Residential

$50.00

Commercial

$100.00

 

(j)  Moving building

$200.00

 

 

(k)  Tanks:  install, relocate or remove each

$125.00

 

 

(l)  Pumps: install, relocate or remove each

$125.00

 

(m)  Certificate of Occupancy:

 

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.

 

 

(o)  Basement:  $12.00 per square foot for unfinished and $20.00 per square for finished.

 

 

(p)  Shed

$10.00 per square foot

 

 

(q)  Deck

$10.00 per square foot

 

 

(r)  Interior renovations

$25.00 per square foot

 

 

(s)  Wood stoves and fireplaces

$25.00

 

 

(t)  Tents over 120 square feet

$20.00

 

 

(u)  Swimming pools

cost of construction per fee schedule

 

(v)  Building Code Board of Standards & Appeals

$100.00

 

 

(w)  Minimum Property Standards Board of Review Appeal

$100.00

 

 

(x) Temporary structures, storage containers, mobile houses or any other temporary structure

$50.00

 

(z)  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.

 

(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 APlumbing permits.@ of Article II entitled APermits@ of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled ABuildings 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 AElectrical permits.@ of Article II entitled APermits@ of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled ABuildings 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 ASigns and outdoor advertising permits, fees.@ of Article II entitled APermits@ of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled ABuildings 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 2 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

 

The following ordinance establishes Recreation Center fees:                  

 

10.       AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED APUBLIC PLACES@, which amends Article V entitled AParks 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

 

(Requested by Acting City Manager)

 

The following ordinance increases the fines for purchase, sale, or delivery of tobacco products to persons under 18 years of age.

 

11.       AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AMISCELLANEOUS OFFENSES@, which amends Sec. 9-15 entitled APurchase, 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)

 

The following ordinance increases fees on certain motor vehicle violations:                     

 

12.       AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998,  AS AMENDED, ENTITLED AVEHICLES AND TRAFFIC.@, which amends Section 18-11 entitled ATraffic 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)

 

The following ordinance establishes a 12% per annum penalty on unpaid water charges.

 

13.       AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AUTILITIES@, which amends Sec. 17-36 entitled AWater 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)

 

The following ordinance establishes fees for voter information and for membership and meals at the Senior Center.

 

14.       AN ORDINANCE IN AMENDMENT OF CHAPTER 1 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AGENERAL 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 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 2 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)

 

The following ordinance increases the fee for service pipes installed by the Water Dept.

 

15.       AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AUTILITIES@, which amends Sec. 17-19 entitled ASameBAmendments.@ of Article II entitled AWater@ to read as follows:

 

Section 3.  Service pipes (general).  Amended by changing the subsection entitled, AConnection charge for service pipes,@ to read as follows:

 

AService 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)

 

AThe 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.@

 

AAdditional 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)

 

The following ordinance increases Water service fees.

 

16.       AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AUTILITIES@, which amends Sec. 17-37 entitled AWater 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)

 

The following ordinance establishes fees for the collection of white goods.

 

17.       AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AGARBAGE AND REFUSE@, which amends Article IV entitled ARecyclables@ 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)

 

The following ordinance increases fees for various business licenses and permits issued by the City Clerk=s office.

 

18.       AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED ALICENSES AND BUSINESS REGULATIONS@, which amends:

 

SECTION I.  Subsection (b) of Sec. 8-5 entitled AClosing 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 ABusiness licenses and permits generally.@ of Article II entitled AMiscellaneous 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 operators, 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 AOccupational licenses and permits generally.@ of Article II entitled AMiscellaneous 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 ACaterers.@ of Article II entitled AMiscellaneous 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 ASunday sales and holiday sales.@ of Article II entitled AMiscellaneous 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 ATaverns and victualing houses.@ of Article II entitled AMiscellaneous 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 ASale, possession and use of explosives.@ of Article II entitled AMiscellaneous 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 AAmusements generally.@ of Article IV entitled AAmusements@ 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 ADumping of contents at city treatment plant.@ of Article XIV entitled APrivies, 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)

 

On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is u unanimously voted to approve all ordinances for First Passage as amended.               

 

APPOINTMENTS

 

(By Mayor Rolland R. Grant)

Narragansett Bay Commission

Dr. Isadore S. Ramos

 

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve.

 

Beautification Commission

Tracy Oliver                 7 Jackson Avenue (02915)      

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.

 

Zoning Board of Review  - Chairman

Patrick Caine    4 Drowne Parkway (02916)

 

On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve.

 

(By Councilman Daniel F. Harrington)

Beautification Commission

Martha L. Pezzullo        32 Beach Point Drive (02915)

Elizabeth Wahl  24 Beach Point Drive (02915)

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.                            

 

(By Councilman Norman J. Miranda and Councilman Daniel Harrington)

Assistant Harbormaster

Anthony Perry  119 Lyon Avenue (02914)

 

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.

 

COMMUNICATIONS

 

1.         Gregory S. Dias, 57 Tryon Avenue, requesting permission for a block party on July 19, 2003 and requesting that Tryon Ave. be blocked at the corner of Gibbs St. and the corner of Merchant St., and that Estelle Street be blocked at Ferris Avenue.

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.

 

Eugene F. Campbell III, 29 Laura Street, requesting permission for a block party on August 16 (rain date August 30) from 1PM to 9PM and requesting that Laura Street be blocked from Wayland Avenue to Sterling Street.      

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.

 

Motion is made by Councilman Rogers and seconded by Councilman Miranda to go into Executive Session in accordance with Section 42-46-5 of the AExceptions@ of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss negotiations.  The motion passes unanimously on a roll call vote.

 

The meeting recesses at 10:05 p.m. and goes into Executive Session.

 

The open meeting reconvenes at 10:15 p.m. with all Council members present.

 

There being no further business, the meeting adjourns at 10:15 p.m.

 

Attest:

 

 

_________________________

Valerie A. Perry, CMC

City Clerk

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