| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING OCTOBER 21, 2003 | |
The City Council meets in the Council Chamber on Tuesday, October 21, 2003 and is called to order at 7:35 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
Lori Merolla, Merandi Reporting, is present to record the proceedings of the Public Hearings.
The invocation is given by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.
CONSENT CALENDAR
1. Alcoholic Beverage License - Class F - November 1, 2003
Sacred Heart Church - 118 Taunton Avenue
2. CANCELLATION/ABATEMENTS - Alberto S. Ereio, Tax Assessor
YEAR AMOUNT
2003 $87.41
2002 89.41
2001 322.25
2000 167.32
Total $666.39
On motion of Councioman Miranda, seconded by Councilman Rogers, and on a roll call vote, it isunanimously voted to approve the Consent Calendar.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
Wrecker/Tower (Deferred from October 6, 2003)
Wayne R. Motta, Jr., dba Advanced Towing, Inc., 45 Woodland Ave., Seekonk, MA
The applicant is not present.
On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to defer.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
Budget for 2003-2004 (continued from October 6, 2003)
Mr. Conley addresses the Council and says the ordinance has been amended and says it includes the payment for the debt service on bonds in the amount of $2,346,740 and the School Department budget of $63,229,698.
Councilman Ramos says he thought that the last meeting was the final public hearing on the budget and says he believes the School Department also thought that, otherwise they would have been here tonight to speak on the budget.
Mr. Conley goes on to explain where the cuts are coming from on the school side.
The meeting is open to public comment.
John F. Conley, 115 Smith Street, Riverside, Rhode Island addresses the Council about the spending that was done in this budget.
AN ORDINANCE APPROPRIATING $115,148, 263 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2004
CHAPTER NO. 282
On motion of Councilman Rogers, seconded by Councilman Ramos, a roll call vote is taken to approve the budget ordinance as amended:
Mr. Harrington Nay
Mr. Miranda Aye
Dr. Ramos Aye
Mr. Rogers Aye
Mayor Grant Aye
The motion passes 4-1.
2. Preliminary Draft 2003 East Providence Waterfront Special Development District Plan - Public Hearing
Planning Director Jeanne Boyle informs the Council that this is still in the draft stages, with the goal of having the final product at the end of the year. She says the plan will be put on the website next week, and the public is invited to make comments on the project. Copies of the plan can be purchased for $5 and the plan will also be available on a CD in the near future.
Diane Feather, Chief Planner, presents a power point on the Waterfront Plan.
Following the presentation, Councilman Harrington encourages all businesses to get copies of the plan, which he says is a great investment.
Councilman Rogers states that significant funding will be needed and says he hopes the City will meet with the Legislative leaders soon. Mr. Conley says that the City should seek Federal funding as well.
Councilman Ramos speaks about the Waterfront Commission and says it should have people that have expertise, rather than political connections.
Councilman Miranda commends Jeanne Boyle and her staff for the great job they have done.
Councilman Rogers suggests that a special meeting be scheduled for the public hearing on the waterfront plan, and says that a project of this magnitude should be given sufficient time to allow public input. It is decided that Ms. Boyle will schedule a date for the hearing.
ORDINANCES - FINAL PASSAGE (Given first passage October 6, 2003)
Advertised - Providence Journal - October 10, 2003
The following ordinance imposes a penalty on late payments of sewer use fee.
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. 17-183 entitled “Charges to be based upon water consumption; rate.” of Article III entitled “Sanitary Sewer System” to read as follows:
e) Any amount unpaid on the due date shall be subject to a penalty at the rate of 12 per centum, per annum
(f) Any property using city water or using other than city water which makes use of a so-called "deduct" meter shall not be entitled to the 3,500 cubic foot exemption provided for herein.
(1) The owner is to install and bear the associated costs of a deduct meter;
(2) The deduct meter is to meet customary minimum standards as established by the city department of public works;
(3) The deduct meter is to be installed by a licensed plumber;
(4) The owner is to submit a certification by a licensed plumber to the city department of public works covering the date of meter installation; the type and specifications of the installed meter; location of the installed meter; and that the meter reads solely extraneous water use;
(5) The owner is to submit a certification, permission and acknowledgment document to the city department of public works:
a. Guaranteeing access of unscheduled random meter inspections by authorized agents of the city department of public works; and
b. Agreement and understanding that sewer use credits will be granted only if all stated owner requirements for deduct meters are met and owner uses city department of public works provided reading cards in reading the deduct meter and submitting the readings to the city department of public works by a prescribed deadline.
(6) The owners is to submit a certification by a licensed plumber at the ten-year anniversary date of deduct meter installation (and at ten-year intervals thereafter) that either:
a. A new meter has been installed; or
b. The meter has received major maintenance and recalibration.
(7) For filling swimming pools, a certification from a licensed plumber should be submitted to the city department of public works that states:
a. When the swimming pool is filled;
b. How much water was used to fill the pool; and
c. That, when emptied, the pool will not discharge into a city sewer.
CHAPTER NO. 283
On motion of councilman Rogers, seconded byu Councilman Miranda, it is unanimouly voted to dispense with the reading of the ordinance.
The following ordinance increases the fees for alcoholic beverage licenses to comply with State Law.
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 Sec. 8-47 entitled “Alcoholic Beverages.” to read as follows:
(a) The license fees for retailing alcoholic beverages in accordance with G.L. 1956 §§ 3-7-1 through 3-7-23 are as follows:
Class A............................................................................................................. $1000.00
Class B – Tavern keeper..................................................................................... 2000.00
Class B – Victualer............................................................................................. 2000.00
Class B – Limited................................................................................................ 1500.00
Class B-H............................................................................................................. 500.00
Class C................................................................................................................. 800.00
Class D................................................................................................................. 800.00
Class D – Limited................................................................................................. 400.00
Class E................................................................................................................. 200.00
Class F................................................................................................................... 15.00
Class F-1................................................................................................................ 35.00
(b) In addition to the above license fee, all costs of advertising, including notice to abutters, shall be paid at the time of filing an application for such license to cover such costs. Applicants applying for renewal of a license shall pay upon filing such application an amount to cover the cost of advertising to be determined by the city council if such application is filed on or before October 1 next prior to license expiration date.
(Requested by the City Clerk) CHAPTER NO.
On motion of Councilman Rogers, seconded by Cuncilman Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
1. Collective Bargaining Discussion - IAFF, IBPO, USWA 15509, USWA 15509A, EPPMTEA, and Department Heads
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to go into Executive Session at the end of the meeting to discuss contract negotiations.
2. Requesting City Council approval for pre-qualification approval of the five companies for the Oak Avenue Sewer Improvements project.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
3. Requesting City Council approval to award the contract for the preparation and painting of the Secondary Clarifier to the lowest qualified bidder Yankee Fiber. The low bidder did not meet the minimum bid specifications.
Mr. Conley explains the bid award and the reason why the award did not go to the low bidder.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to award the contract to Yankee Fiber.
REPORTS OF OTHER CITY OFFICIALS
(By Gregory S. Dias, Acting City Solicitor)
Claims and Litigation Committee Report - None
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to accept.
(By Valerie A. Perry City Clerk)
Renewal of Alcoholic Beverage Licenses
All Alcoholic Beverage licenses will expire on November 30, 2003. It is requested that authorization be granted to advertise renewal applications for said licenses for a public hearing to be held on November 4, 2003.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
Renewal of Annual Licenses
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2003 upon application by licensee and approval by Chief of Police and, as required, by Health Inspector and other City Officials; and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on November 4, 2003 for a public hearing and consideration of final passage)
1. AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.
SECTION I. That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not less than Sixty-six Million Two Hundred Thousand ($66,200,000) Dollars nor more than Sixty-seven Million Three Hundred Thousand ($67,300,000) Dollars said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2003 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2004 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2004 and the 1st day of July, 2004 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2004, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2004 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2004 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2004, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2004, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2004 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2005.
Each installment of taxes if paid on or before the last day of each installment period successively in order, shall be free from any charge of interest.
If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1st day of June, and the 1st day of July, 2004 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.
SECTION II. That any of said taxes not paid on or before the 1st day of March, 2005 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispose with the reading of the ordinance.
Councilman Ramos asks about his suggestion of eliminating the discount, and Mr. Conley responds that the discount has been reduced from 4% to 3%, and will eventually be phased out.
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
2. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
3. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE.
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Article X entitled “Stopping, Standing and Parking.”, Subsection 18-307 entitled “Parking prohibited at all times.” by adding the following:
NINTH STREET (west side) from Mauran Avenue to Juniper Street.
(Requested by: Director of Public Works)
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
5. The following ordinance conforms to the state standard
AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE C1TY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”, which amends Article III entitled “Noise” by adding thereto the following:
Sec. 10-54. Declaration of policy.
It is hereby declared to be the policy of the City to prohibit unreasonable, excessive and annoying noise levels from all sources subject to its police power. At certain levels, low frequency sound (between 100-20 cps) when substantially amplified, often referred to as sub-woofer frequency, can be extremely penetrating, disturbing and poses a danger to the health and safety of the individual using equipment creating the sound, and to other individuals in the immediate area from which the sound is being generated. The noise being generated may originate from radios, CD players, DVD players, tape players, televisions and other audio-producing equipment.
Sec. 10-55. Violations of acceptable noise levels.
It shall be unlawful for any person to operate any equipment as set forth in section 10-54 from which the sound created by this equipment is capable of penetrating a closed vehicle from twenty (20) feet away from the location at which the sound is being generated. or heard from one hundred (100) feet away by a person outside from which the sound is originating. This section shall include, but not be limited to, sound electronically generated by autos, trucks, motor homes, houses, apartment buildings, condominiums, commercial buildings, or from any type of portable sound producing equipment that can be carried or placed outdoors which through its operation exceeds the provisions of this chapter. All state and municipal vehicles shall be exempt from the provisions of this chapter, or any person, firm, corporation or other legal entity which holds a valid state or municipal entertainment license to sponsor a parade, carnival or other similar special event.
Sec. 10-56. Penalties.
Any person who violates the provisions of this chapter shall, upon conviction, be subject to a fine in the amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third and any subsequent offense
(Requested by the Law Department)
On motion of Councilman Rogers, seconded by Councilman Harringotn, it is unanimously voted to dispense with the reading of the ordinance.
Dr. Ramos says this ordinance can only be effective if enforced.
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Councilman Daniel F. Harrington)
Building Board of Standards and Appeals
(R) Anthony Oliver 8 Allison Court 02915
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
Councilman Rogers is joined by the other Council members in wishing Mayor Grant well in his forthcoming hip surgery and recovery. Councilman Miranda will be Acting Mayor in Mayor Grant’s absence.
On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously grant 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. The motion passes unanimously on a roll call vote.
The meeting recesses at 9:02 p.m. and goes into executive session.
The open meeting reconvenes at 9:54 p.m.
It is reported that a motion was made by Councilman Ramos, seconded by Councilman Miranda and a roll call vote was taken to approve the police contract.
Mayor Grant - Aye
Councilman Harrington - Nay
Councilman Miranda - Aye
Councilman Rogers - Nay
Councilman Ramos - Aye
The motion passed 3-2.
There being no further business the meeting adjourns at 9:55 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: November 4, 2003