| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING AUGUST 10, 2004 | |
The City Council meets in the Council Chamber on Tuesday, August 10, 2004 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 |
| | Dr. Isadore S. Ramos | ) | |
| | | | |
| | William J. Fazioli | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | John M. O’Hare | ) | City Clerk |
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Harrington.
CONSENT CALENDAR
1. Approval of Council Journals
July 13, 2004-Regular Meeting
2. Resolution: Town of Jamestown opposes the construction of the LNG terminal in Fall River, MA and urges all communities in the Narragansett Bay Ares to support this resolution.
3. ABATEMENTS/CANCELLATIONS, City Tax Assessor
| YEAR | AMOUNT |
| 2004 | $84,268.57 |
| 2003 | $122.42 |
| 2002 | $441.85 |
| TOTAL | $84,832.84 |
Motion to approve is made by Councilman Miranda and seconded by Councilman Harrington, it is unanimously voted to approve.
APPOINTMENTS
Motion to defer the appointment of James Gray is made by Councilman Harrington and moved by Mayor Grant pending a background check, it is unanimously voted to approve.
Mayor Rolland R. Grant recommends Mr. Albert Bruno to be reappointed to the Building Board of Standards and Appeals.
Motion to approve is made by Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
Motion to appoint Marie Camille to the Carousel Commission is made by Councilman Harrington and seconded by Councilman Miranda, it is unanimously voted to approve.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
DANCE/ENTERTAINMENT LICENSE FOR TROPICAL ILHAS
The City Solicitor announces that Councilman Ramos recuses himself from this matter.
Councilman Miranda makes a motion to approve the license and it is seconded by Councilman Harrington subject to approval of the police chief and the building inspector.
A roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Mayor Grant | Aye |
The motion passes 3 to 0.
REMOVAL OF RESTRICTION ON A LIQUOR LICENSE FOR JORDANS LIQUORS
Councilman Miranda makes a motion to defer until September 7th, seconded by Councilman Harrington because all of the original members who voted on the restriction are not present and on a roll call vote it passes unanimously.
Mayor Grant asks the City Clerk to take note that Councilman Rogers was excused by him because he is on vacation.
B & B SPORTS TAVERN REQUESTS A PERMIT FOR A ONE DAY EVENT FOR THE ANNUAL SCHOLARSHIP BENEFIT FOR CAROL DELLEFEMINE BOUCHARD & JAMES BAILEY, SR.
Motion to approve the one day event, including a liquor license is made by Councilman Ramos, seconded by Councilman Miranda subject to the police chief approval and whatever has to be done.
A roll call vote follows:
| Mr. Harrington | Aye |
| Mr Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
PEDDLERS LICENSE-PAULA T. SOLLITTO DBA SKURSOL ENT-SUBJECT TO APPROVAL FROM CHIEF OF POLICE.
Motion to approve a peddlers license is made by Councilman Harrington and seconded by Councilman Miranda.
A roll call vote follows:
| Mr. Harrington | Aye |
| Mr Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
Motion to change the order of business is made by Councilman Miranda and seconded by Councilman Miranda to Communications, it is unanimously voted to approve.
COMMUNICATIONS
A request to address the council regarding property taxes erroneously charged on property on 85 Allerton Avenue that was deferred from July 13, 2004.
Ms. Mackey not being present, a motion to defer is made by Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve.
A request by Maryann Mathews & Cathy Anthony to address the council regarding stop sign qualifications.
Dr. Ramos believes that the parties should speak to the City Manager on this matter and Mayor Grant states that the parties be notified.
A motion to defer is made by Dr. Ramos and seconded by Mr. Harrington, it is unanimously voted to approve.
A request by Tom West to address the Council regarding Riverside Park trees and overgrown grass and appearance of properties on Cedar Avenue.
Councilman Miranda suggests that Mr. West take his complaint to Minimum Housing before he comes to the Council.
On a motion by Mr. Harrington and seconded by Mr. Miranda that the motion to defer be dropped from the docket, it is unanimously voted to approve.
A request by Elizabeth Kirby to address the Council regarding pet alligators at 56 Knowlton Street.
Ms. Kirby displays photos of a broken fence and that a child could put his hand through there. She states that there are many children in the neighborhood who might be curious, as well as, small animals that might be endangered.
Mayor Grant states that a public hearing will take place at the September 7th. The City Manager has ordered the Police Chief that the alligators be kept inside. Dr. Ramos suggests that the edict be enforced and that the animals stay inside.
Mr. Harrington questions if there is any ordinance on the books concerning reptiles. The City Solicitor states that the ordinance is not strong enough. He advises that the language of the ordinance is sufficient to tell the party involved that the alligators be properly confined and secure.
He states that the ordinance, according to the mayor, is inadequate to the task and recommends that a direct prohibition take place. Therefore an ordinance will be introduced consistent the definition of wild animals which is provided by the Department of Environmental Management
On a motion by Councilman Miranda and seconded by Mr. Harrington to continue further discussion, (because the owners of the animals are not on the docket), it is unanimously voted to approve.
Kathleen A. Melfi, and Joseph C. Melfi are sworn in. She states that both animal control and police officers have visited her and are convinced that the alligator is docile and that he is contained. They all suggested that we line the fence with chicken wire.
Ms. Melfi is told that the ordinance will be heard on September 7th, and that she will have an opportunity to be heard.
Ms. Melfi has a problem about leaving the alligator in the house. The mayor reminds her that she is under orders from the City Solicitor to keep her animal in the house. Mr. Melfi requests to receive the order in writing.
Dustin Sears requests to block off Whitcomb Road and Euclid Avenue to the corner of Whitcomb Road and Catalpa Avenue for a block party on September 5th, 2004 from 10:00 a.m. until 10:00 p.m.
On a motion by Mr. Miranda and seconded by Mr. Harrington, it is unanimously voted to approve.
A request is made by the East Providence Community Theater requesting a fee waiver for Solicitor’s license.
Elenor Grendron, Carly Romano and Kelley Martin are sworn in by the City Solicitor. They introduce their group and request the waiver because they are low on funds. The group also seek a place to rehearse.
The mayor suggests the Union Primary School as a place for rehearsal. The City Manager will look into availability.
On a motion by Mr. Miranda and seconded by Dr. Ramos for fee waiver for the first time, it is unanimously voted to approve.
Confirmation of request to block off Bates Avenue for a block party on Bates Avenue which took place on July 31, 2004 requested by Mr. & Mrs. M. Santiago.
On a motion by Mr. Harrington and seconded by Mr. Miranda, it is unanimously voted to approve.
On a motion by Mr. Miranda to return to the regular order of business and seconded by Mr. Harrington, it is unanimously voted to approve.
ORDINANCES - FINAL PASSAGE
(Advertised - Prov. Journal, July 16, 2004)
1. 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 Sec 13-78 entitled “Exhibits” of Division 1 entitled “Generally” of Article 111. Entitled Coastal Waters and Harbor Areas”
(Requested by Harbor Master)
Motion to approve is made by Mr. Harrington and seconded by Mr. Miranda.
| Councilman Harrington | Aye |
| Councilman Miranda | Aye |
| Councilman Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0
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 1. Article 1 Entitled “In General.” adding: Sec 13-3. Parking at public places.
(a) It shall be unlawful for any person to park any vehicle in or upon any public lot, public playground, public recreation area, parks or other public grounds between the hours of 11:00 p.m. and 7:00 a.m.of the following day. The provisions of this section shall not apply to those public places during those hours enumerated in this section which are under the supervision of employees of the city.
(b) Each violation of the provision of this section shall constitute a separate offense.
(c) All persons, upon a first conviction of violating the provision of this section, shall be punished by a fine not exceeding $30.00; upon a second conviction be punished by a fine not exceeding $60.00; and upon a third or subsequent conviction be punished by a fine not exceeding $100.00.
(Requested by the Chief of Police)
Mr. Harrington makes a motion to dispense with the reading of the ordinance which is seconded by Mr. Miranda, it is unanimously voted to approve.
Motion to approve is made by Dr. Ramos and seconded by Mr. Harrington.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0
3. 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 SECTION 1. Subsec (4) entitled “Miscellaneous items” of Sec 6-39, Entitled “Recyclable materials established” of Article IV. Entitled “Recyclables”(4) Miscellaneous items Sec. 6-45 Miscellaneous items collection fee. (Requested by Director of Public Works)
Motion to defer by Mr. Miranda and seconded by Dr. Ramos.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
| Motion passes 4 to 0 | |
CITY MANAGER
Weaver Building update-A block grant of $275,000 for community development was received to restore the building. Jeanne Boyle, Planning Director is called forward to give an update status. She states that the water line, boiler and sidewalk has been replaced and that the exterior should be completed in the fall. The interior will be worked on during the winter. In response to Councilman Harrington’s question, Ms. Boyle.
Motion to accept by Mr. Harrington and seconded by Mr. Miranda, it is voted unanimously voted to approve.
Rabies Clinic-Mr. Fazioli thanks all the volunteers who participated in the rabies clinic that was put together within in 48 hours as a result of the rabies outbreak at the animal shelter. There were 36 people who received the shots.
Fiscal Report-The City Manager states that we are 3/4 through the fiscal year and only 73% of the budget has been expended. Thus far, $30,500,000 has been spent and it is below budget and the general fund is strong.
Rose Larisa Park ADA Compliance-Primary approval is given from the state ADA Office on a design that provides for a ramp that provides access to the beach. We are asking the Council to seek bids and will get back to the Council as to who will pay for the project.
The architect will not charge any design fees. Once the bids are received, we expect to come back to the council within a month to seek final approval.
Councilman Ramos said that the access ramp will not be put on the backs of the taxpayer.
Jeanne Boyle comes forward and explains in terms the grading that it was done at the expense of the contractor. The City Manager explains that any further expenses will be paid out of Federal and State grant money.
At this time we are seeking the Council’s approval to proceed with the final design.
Request for City Council approval to award contract for Architectural Design Services; Senior Center Expansion.
Motion to approve is made by Mr. Miranda, seconded by Mayor Grant.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Nay |
| Mayor Grant | Nay |
On a vote of 2 to 2 the motion fails to pass.
Motion requesting City Council approval to lease the Union Primary School building to the Y.M.C.A. is made by Dr. Ramos and seconded by Mayor Grant
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
Motion requesting City Council approval to award Pezzuco Construction, Inc, “Construction of Riverside Library.” is made by Mayor Grant and seconded by Dr .Ramos.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
REPORTS OF OTHER CITY OFFICIALS
Planning Department-Jeanne Boyle, Director
Motion to defer Recommendation on Proposed Comprehensive Plan Amendment (Former Rumford Fire Station) is made by Mr. Harrington and seconded by Mr. Miranda, it is unanimously voted to approve.
Motion to defer recommendation on requested zoning map amendment (former Rumford Fire Station) is made by Mr. Harrington and seconded by Mr. Miranda, it is unanimously voted to approve.
Motion to defer disposition of City owned property located on Cresent View Avenue was made by Mr. Harrington and seconded by Mr. Miranda, it is unanimously voted to approve.
The above motions were made because the Planning Board had not yet given consideration on these matters.
CLAIMS COMMITTEE
A motion is made by Mr. Miranda and seconded by Mr. Harrington to accept the Claims and Litigation Committee Report, it is unanimously voted to approve.
COUNCIL MEMBERS
(By Mayor Rolland R. Grant)
1. Mayor Grant addresses the issues concerning the dog pound and the outbreak of rabies. He recommends that the city look at alternatives to the pound such as transferring the animals to a private agency.
RESOLUTIONS
RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE DESIGN OF A NEW KAYAK LAUNCH/RAMP ON CITY PROPERTY LOCATED OFF CAROUSEL DRIVE.
A motion is made by Mr. Miranda and seconded by Dr. Ramos to refer the resolution to the Planning Department , it is unanimously voted to approve.
INTRODUCTION OF ORDINANCES -
( If given final passage, can be referred to the next Regular meeting to br held on, Tuesday, September 7, 2004, a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC” which amends SECTION 1. Sec. 18 - 269 entitled “Stop and yield intersections, designated: when stops required “adding: JUNIPER STREET (eastbound and westbound traffic) at BENTLEY STREET.
(By Councilman Norman J. Miranda)
Motion to approve is made by Mr. Miranda and seconded by Mr. Harrington.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
2. 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 1. Sec 8-6 entitled “Authority to issue one -day licenses,” of Article 1 entitled “In General.” Sec 8-69 of Article 111, Requirements (1)(2)(3)(4)
Motion to approve is made by Mr. Miranda and seconded by Mr. Harrington.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
(This ordinance was given 1st passage on July 13, 2004-Amended for 1st passage 8-10-2004)
(Hearing, September 7, 2004)
3. 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 SECTION 1. Subsec (7) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate.” Amended to read as follows:
(7) For filling swimming pools, a property owner may be eligible for a one-time reduction of a sewer charge in the amount of $30.00. The owner is to submit a certification to the City Department of Public Works which states the following:
a. Date of new pool installation (including the submission of the approved building permit), or proof of pool repair (i.e., receipt from repair contractor) which necessitated the draining and refilling of the pool.
b. Pool must contain a minimum of 7480 gallons (1000 cubic feet) which is comparable to an 18 foot diameter above-ground pool, or greater.
c. That, when emptied, the pool water will not discharge into a city sewer.
(By Councilman Norman J, Miranda)
Motion to dispense with the reading of the ordinance is made by Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to approve.
Motion to approve is made by Dr. Ramos and seconded by Mr. Harrington.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
4. AN ORDINANCE IN OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS,” which amends SECTION 1. Sec 3-1 entitled “Definitions” of Article 1 entitled “In General,” adding: Wild animal shall mean any animal not included within the definition of domestic animals as defined by regulations promulgated by the Rhode Island Department of Environmental Management.
SECTION 11. Subsec (d) of Sec.3-9 entitled “Certain dogs and other animals to be confined; keeping of wild animals,” of Article 1. Entitled “In General.”amended to read: (d) No wild animal may be kept within the city limits., provided that wild animals may be kept for exhibition purposes by circus, zoos and educational institutions in accordance with such regulations as promulgated by the Rhode Island Department of Environmental Management. Any wild animal control officer or any police officer of the city.
(By Mayor Rolland R. Grant)
Motion to approve is made by Mr. Miranda and seconded by Mr. Harrington.
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mayor Grant | Aye |
Motion passes 4 to 0.
On motion of Councilman Miranda, seconded by Mr. Harrington, the meeting adjourns at 10:00p.m.
Attest:
JOHN M. O’HARE
CITY CLERK