CONSENT CALENDAR

Approval of Council Journals

August 10, 2004-Regular Session                            

Department of Environmental Management-Insignificant Alteration-Permit Application No.0-3-0592 in reference to the property and proposed project located: Approximately 1300 feet south of  Bourne Avenue, utility pole number 3, approximately 1400 feet south of the intersection of Bourne Avenue and Noyes Avenue, approximately 1750 feet north of the intersection of Dexter Road and King Phillip Road, Assessor=s Plat 304, Block 1, Lots 1 and 8, and Assessor=s Plat 303, Block 13, lots 4 and 5, East Providence, R.I.                                       

Economic Development Committee-Letter of Resignation-Jo Ann Harry, 135 Vincent Avenue, East Providence, R.I.02914, August 2, 2004    

RESOLUTION, Town of Westerly, seeking support in opposition to legislation that would allow a new casino gambling facility within the State of Rhode Island.

RESOLUTION, City of Cranston, Seeking support for the Arthritis Prevention, Control and Cure Act of 2004.

RESOLUTION, City of Newport, Seeking support of the Open Space Recreation Bond.

ABATEMENTS/CANCELLATIONS, By Tax Assessor

Motion to approve is made by Councilman Harrington and seconded by Councilman Rogers.

A roll call vote follows:

Motion passes 5 to 0.

Motion to change the order of business to Communications is made by Councilman Miranda, and seconded by Councilman Rogers, it is unanimously voted to approve.

COMMUNICATIONS

BLOCK PARTY, Richard D. Pumple, 51 Monmouth Drive, Riverside, R.I. 02915 Re: Block Party, Monmouth Drive, Saturday, September 4, 2004, 2:00 pm until 10:30 pm. Stoneham Road and Monmouth and Beaver and Monmouth to be blocked off for about 100 yards .The party has already taken place. The City Clerk polled the Councilmen and informed the Police Chief because the party was prior in time to this meeting.

ALLIGATORS, Joe & Kit Melfi, 56 Knowlton St., Riverside, R.I. 02915

Mr. And Mr. Melfi are sworn in by the City Solicitor.

Mrs. Melfi testifies that her alligators are domesticated.  Mr. Melfi states that if the city imposes an alligator ban the family would have to move Abecause you would be breaking up the family.@

Mrs. Melfi concurs, saying that their alligators are allowed to roam free in the house with their 10 cats and 2 dogs.

Motion to amend the docket to ORDINANCES-FINAL PASSAGE for item 4. AANIMALS@ is made by Mr. Rogers and seconded by Mr.Miranda, it is unanimously voted to approve.

4.  AN ORDINANCE IN AMENDMENT FO CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AANIMALS@ which amends SECTION 1. Sec. 3-1 entitled ADefinitions@ of Article 1. Entitled AIn 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 ACertain dogs and other animals to be confined; keeping of wild animals.@ of Article 1. Entitled AIn General@ amended to read: (d) No wild animals may be kept within 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 that escapes and is found at large may be destroyed by the animal control officer or any police officer of the city.

Mr. Scott Fishburn, former owner of Rumford Pet Center now offers testimony. He claims that there is a better chance of a dog biting a child than an alligator. He keeps them inside and believes that he should have a right to own them because they do not intrude on anyone. He is concerned that his rights are being taken away.

Dr. Ramos recommends that it is responsible to keep the animals in the home and has no problem with that.

Marcia Biers of Rhode Island Reptile Rescue now testifies after being sworn in. She claims that there are no reported alligator bites in R.I. Ms. Biers states that there are no statistics kept on alligator bites. She urges the council not to pass the ordinance.

Councilman Rogers says that he is voting in favor of the ordinance because of the risk factor and because of the possible decrease in the value of a person=s home.

Councilman Harrington expresses his concern about the issue of freedom.

Dr. Ramos expresses that he has no problem with the Melfis keeping their alligators and does not wish to interfere with the long term relationship that they have with their pets.

Councilman Miranda states he can live with the Melfis keeping their pets if they are kept in the house.

Mayor Grant instructs the City Clerk to read the following into the record.

To the Honorable Members of the City Council:

I would like to speak on behalf of Mr. Joe Melfi of 56 Knowlton Street. Riverside.

I have had the pleasure of Mr. Melfis acquaintance for several years and have found him to be a responsible, compassionate gentleman. As I also owned an alligator for eight years, in the town of Riverside, I know from experience, that Mr. Melfi is more than capable of providing a safe, secure and healthy environment for his two alligators. As I recall, I never had a complaint filed against me or my alligator, nor did I ever have to seek permission from the City Council to keep him or my parrots, as exotic pets, on my property. I hope the same consideration will be shown to Mr. Melfi. 

Thank you for your consideration.

Respectfully,

Raymond C. Mason

497C Bullocks Point Avenue

Riverside, R.I. 02915

Mr. Miranda questions if Mr. Melfi is willing to keep his alligators in the cellar at all times.

Mr. Melfi steps forward and states that he is willing to do so if that is what it takes to keep my gator, I am not losing my alligator by anybody, so if that is what it takes, I will do that.

Mr. Harrington makes a motion that the City Solicitor put the language of concealment into the fine idea of compromise of confinement in the house into the ordinance, Mr. Miranda seconds the motion.

Dr. Ramos asks if this is an amendment. The City Solicitor answers in the affirmative.

Mr. Harrington moves on the amendment.

Motion as amended passes 3 to 2.

The Council returns to COMMUNICATIONS                                                                                                                                                                                              

EAST PROVIDENCE ANIMAL SHELTER, Karen VanGyzen wishes to speak.

Ms. VanGyzen, not being present, a motion to defer is made by Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to approve.

LACK OF CODE ENFORCEMENT-WEAK ORDINANCES, John F. Conley.

Mr. Conley is sworn in by the City Solicitor. He questions where authority begins and ends. He states that on the corner of Cushman and Dover we have a hay field which is unwarranted. He states that several builders have a cozy relationship with our Code Enforcement people.

Mr. Conley wants to know if someone, by the name of Gianlorenzo is being protected because he knows certain people.

Councilman Miranda, says that if it were in his ward he would go and talk to the people and then refer it to the legal department, and the law department send it upstairs to Zoning. Notice would then be sent out and there would be two weeks to cut the grass, if it is not done then someone could be hired to cut it and a lien would be put on the house.

Mr. John Conley states that Mr. Pimental, the Zoning Officer told the abutting owner=s sons that the ordinance had no teeth and that if you don=t like it run for political office. He feels that it is out of control up there.

Mr. Miranda instructs the City Manager to go and get the situation straightened out. That is not a nice thing for anyone to be saying because the taxpayer pays their salary and the Council salary.

Mr. John Conley states that those guys have to be told who the boss is.

If there are legitimate gripes the Council sets the policy and what we should do is have him (the City Manager) go upstairs and find out what is going on.

Mr. John Conley wants assurance from the City Manager that the grass will be cut and Mr. Fazioli assures him.

The City Solicitor states that the ordinance is effective.

Mr. Harrington states that the ordinance is effective and that it will work.

Mr. Gianlorenzo was given a time in which he has to cut the grass and he will just have to do it according to Mayor Grant.

Mr. Rogers is critical of Mr. Gianlorenzo and states that he has a negative reputation. He states that we have a Building Inspector who encourages that type of development which is the opposite of what we want. Mr. Rogers raises an issue of the inspector giving some permits without the appropriate applicant. Someone did not even own the land and was approved. A garage was built but collapsed. Another garage was built with an apartment on top. This was done without approval of the Zoning Board with the slight of hand of the Building Inspector.

Mr. Rogers hopes that this situation is fully investigated. He also believes that if the building is defective then it should be torn down.

The Zoning Officer is then accused of being very rude to people by the Mayor. Mr. Rogers asks Athe Building Inspector?@ Mayor Grant states, AHim too.@

Motion to return to the regular schedule is made by Mr. Harrington, seconded by Dr. Ramos, it is unanimously voted to approve.

Motion to move back to RESOLUTIONS, is made by Mr. Miranda and seconded by Mr. Harrington, it is unanimously voted to approve.

RESOLUTIONS

APPOINTMENTS

(By Councilman Patrick Rogers)

Carousel Park Commission

Louise Healey-reappointment

Motion by Mr. Miranda, seconded by Mr. Harrington, it is unanimously voted to approve.           

(By Mayor Rolland R. Grant)

School Crossing Guard

Anthony Lima

Motion by Mr. Miranda, seconded by Mr. Harrington, it is unanimously voted to approve.

(By Councilman Norman Miranda)

School Crossing Guard

James Gray

Motion by Mr. Miranda, Seconded by Mr. Harrington, it is unanimously voted to approve..

LICENSES REQUIRING A PUBLIC HEARING (TRANSFER)

ALCOHOLIC BEVERAGE - CLASS B-FP

From:   Setback Restaurant Inc.

To:       David Mathias, of Mathias Enterprise, Ltd.

Mr. Frank Clemente is now sworn in, he is represented Attorney Mr. William Maaia.

Mr. Mathias is the purchaser and Mr. Clemente will run the business. Mr. Clemente ran Estrella du Mar.

The new enterprise is to become a family restaurant with American and Portuguese food.

Subject to approval of the Police Chief, Building Inspector, Health Inspector and Fire Marshall, a motion to approve is made by Mr. Rogers and seconded by Mr. Miranda.

Motion passes 4 to 0

LICENSES NOT REQUIRING PUBLIC HEARING (TRANSFER)

VICTUALER/NOT OVER 50

From Setback Restaurant to Mathias Enterprise, Ltd.

Motion is made by Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to approve.  

POOL TABLE (1) SUNDAY POOL TABLE (1) (TRANSFER)     

From Setback Restaurant to Mathias Enterprises, Ltd.

Motion is made by Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to approve.

VICTUALER/NOT OVER 25

Angela Pirro, Italian Connection USA-DBA Italian Corner 

Motion is made by Dr. Ramos, seconded by Norman Miranda, it is unanimously voted to approve.

Restriction on a Liquor License-Alan V. Trow would like to address the Council regarding removal of a restriction on his Class A liquor license.

Mr. Rogers feels that it is a slippery slope when you set conditions and later reject them and find out later that they don=t mean anything. He hopes that the Council will reject it.

Mr. Harrington disagrees with Mr. Rogers. He feels it is an embarrassing precedent to set such restrictions.

Mr. Conley states that the parties agreed to these restrictions.

Dr. Ramos questions why others do not have to abide to the same rules and that they should have the same opportunities as everyone else.       

The attorney for the Trows testifies on their behalf.

Mr. Trow now testifies that he got a fire hose treatment when Mrs. Trow made a statement that the business would not be franchised and that it would only be sold to children. She meant that it would be run as a family business, run independently and not that it would not be sold to anyone else.

Attorney Robert Brady now testifies on behalf of Town Wine and Spirits, Haxtons and Barrington Liquors. He recollects that Mr. Trow did not intervene in any way either directly or through Counsel. It was this body that raised the question because the purchase price was so high.

Mr. Brady states that because the sale was perhaps six figures too high that there may have been someone behind the sale.         

Mr. Brady argues that the restriction is legal.

Dr. Ramos questions Mr. Brady whether or not they can come back when there is a transfer or sale.

Mr. Brady responds that there is no prohibition against them approaching the Council if they have a bona fide purchaser and we are not opposed to them removing that restriction.

Motion to reaffirm the restrictions placed on the license on March 2 is made by Councilman Rogers, and seconded by Councilman Miranda.

Motion passes 4 to 1

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

PLANNING DEPARTMENT, Jeanne Boyle, Director

AMEND THE LAND USE PLAN 2010 LAND USE DESIGNATION FOR PROPERTY DESIGNATED AS ASSESSOR=S MAP 305, BLOCK 5, PARCEL 1, LOCATED AT 27 NEWMAN AVENUE, FROM AOPEN SPACE@ to ALOW DENSITY RESIDENTIAL@  (Advertised for August 10, 2004 Meeting and deferred to September 7, 2004 Council Meeting.)

Motion to approve by Mr.Harrington and seconded by Mr. Miranda.

Motion passes 5 to 0

Recommendation on Proposed Comprehensive Plan Amendment (former Rumford Fire Station)

27 Newman Avenue

Applicant: City of East Providence

Assessor=s Map 403, Block 18, Parcel 29-From Open Space to Low Density Residential.

 Motion to approve by Mr. Harrington and seconded by Mr. Miranda.

Motion passes 5 to 0

ORDINANCES-FINAL PASSAGE

Advertised-Prov. Journal, August 13, 2004

NEW BUSINESS

CITY MANAGER

1.  Animal Shelter Update and RFP - D.E.M. outlined several things that have to be done. The shelter is closed per D.E.M. and was sanitized. Most of the animals were adopted. A request for proposal to privatize the shelter operations was completed. An advertisement for animal control officers and part time animal control officers.

 Motion to issue RFP for privatization of animal control operations by Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve. 

2.and 6. Are considered together. Warren Avenue Enhancement Project and Selection of Engineering Firm of Gordon Archibald Inc. (GRA) for the completion of an Environmental Assessment (EA) for the waterfront Interstate - 195 Interchange. Jeanne Boyle, Public Works Director appears before the                     Council.

Ms. Boyle requests of the Council for approval to go out to bid on the project. She states that the anticipated completion date of the project is spring, 2005 .                       

 Motion to approve is made by Mr.Miranda, seconded by Mr Harrington, it is unanimously voted to approve.

Ms. Boyle says that she is moving ahead with the plans for access to the waterfront via. Route 195.

The firm of Gordon Archibald has been chosen for architectural assessment.

 Motion to approve the firm is made by Mr.Harrington, seconded by Mr. Miranda, it is unanimously voted to approve. 

3.  Financial Report-Debt Summary- Per capita debt is low among other cities and towns and the state.

Debt service payments will decrease after 2005 allowing for some flexibility in the budget.

Motion to accept is made Mr. Miranda, seconded by Mr. Harrington, it is unanimously voted to approve.

4   Senior Center Architect Services - A differential exists between the bidder of SRH Associates that was selected for the expansion of the Senior Center Architectural Services and Mancini Associates in the amount of $9000. The bid also includes building oversight which goes above and beyond Mancini Associates proposal.  

Steve Coutu appears before the Council. Dr. Ramos expresses his concern about selecting who we want as opposed to the lowest bidder. Mr. Miranda raises his concern about change orders appearing at the beginning tells him that there is something wrong. Mayor Grant asks if there is sufficient evidence that the Mancini Company was not up to par. Mr. Coutu responds that there were some design issues associated with the job.  

Motion to accept the recommendation of the City Manager and the Public Works Director is made by Mr. Rogers and seconded by Mr. Miranda.

Motion passes 3 to 2.

5.  2004-2005 Capital Budget and Six - Year 2004-2010 Capital Improvement Program - Budget request is being funded out of Bond Issues and other sources. Mr. Fazioli states that he will propose a bona fide capital improvement plan next week in the budget on a pay as you go basis plan.

Motion to approve and accept that report is made by Mr. Harrington, seconded by Mr. Rogers, it is unanimously voted to approve.   

REPORTS OF OTHER CITY OFFICIALS

(By City Solicitor)

Motion to accept the recommendations of the Claims and Litigation Committee is made by Mayor Grant and seconded by Mr. Rogers.

Motion passes 5 to 0

1.  Key Span LNG, LP-Proposed Memorandum of Agreement

The City Solicitor discusses and advises that the Council that the city reconfirm its commitment with working with other coastal communities in rejecting the memorandum of agreement in its present form.

Motion to approve is made by Mr. Harrington and seconded by Dr. Ramos.

Motion passes 5 to 0

2.  Avenue D Application for Highway Abandonment

Motion to refer the petition to the Planning Board for entertaining recommendation to the City Council is made by Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to approve.

COUNCIL MEMBERS

(By Councilman Patrick Rogers)                                                                                                                             

Waterfront Commission Update

Councilman Rogers compliments Jeanne Boyle, Planning Director and Commissioner John Gregory and all other Commissioners for their work to date on the Commission.

He notes that the progress of Geo Nova is evidence that the development is moving along.

He states that an award from the Rhode Island Chapter of the American Association of Planning is further good news about our waterfront

(By Councilman, Dr. Isadore Ramos)   

Taxes - Discussion of tax freeze

He acknowledges Director Jeanne Boyle, of the Planning Department, Alberto Ereio, Tax Assessor and his constituents who helped make the proposal possible.

He discusses that the major purpose of this proposal is to freeze the taxes of the taxpayers 65 years and over who own and live in a single family home. He believes that seniors should not be put in a position to determine whether they should eat, pay taxes, or pay for their medication. He states that we cannot allow our seniors to be taxed out of their home and that we cannot turn our backs on those who have supported the city for many years. The proposal will try to assist some of those senior taxpayers.     

Some of the highlights of the exemption schedule are: Taxpayers with income not less that 180% and not more than 200% of the federal poverty guideline, will receive an exemption of 20% of the assessment cap or assess valuation, whichever is less. Taxpayers with income not less than 160% and not more than 180 % of the federal poverty guideline receive 30% of the assessment cap or assessed valuation whichever is less. Taxpayers with income of not less than 140% and not more than 160% of the federal guideline an exemption of 40%. Taxpayers with not less than 120% and not more than 140% of the federal guideline an exemption of 50% of the assessment cap of the assessed valuation, whichever is less.  Taxpayers with income not more than 120% of the federal poverty guideline an exemption of 60% of the assessment cap of the assess valuation, whichever is less.

Applicants must be 65 years of age , domiciled in the City and have been a resident for at least 5 years.

The proposal will impact 214 homes.

Mr. Rogers questions if it must receive General Assembly Approval. Dr. Ramos answers affirmatively. Mr. Rogers asks what the cost would be. Dr. Ramos says that he would work something out. Dr Ramos hopes that the new development in the city would offset the impact. Dr. Ramos says that he will try to come up with some figures.

(By Mayor Rolland Grant)

Meeting on LNG (Liquid Natural Gas) Facilities

a) What is being done?

b) What has been done to date

c)  Date to be determined by the Mayor                                   

Mayor Grant states that we do not need such a liquified natural gas facility. The City of Fall River held a regional meeting recently and those attending are happy with what we have done to date on this issue. He states that liquid natural gas is going to be a problem. He noted that Key Span has offered the city a fire boat. Why would this be done if it was not going to be a problem?  It is going to be a problem. 

We are planning a public forum and we would like to get people on the panel who understand the danger of LNG.  The forum will take place when the City Council and the City Manager can get together. The mayor notes that when Algonquin had plans to put liquified natural gas under the city, Councilman Miranda and I went to Washington on this matter. Algonquin dropped their plans when they found that the city opposed it.

The Mayor expresses his concerns about safety and security issues regarding liquified natural gas. We are getting to the point that we know where Key Span lies and when they tell the truth. The mayor is concerned about putting such a facility on the waterfront and is concerned that the facility would be an eyesore. 

INTRODUCTION OF ORDINANCES