CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

OCTOBER 4, 2005

 

The City Council meets in Joint Session with the School Committee in the Council Chambers on Tuesday, October 4, 2005 and is called to order at 7:30 p.m. by Mayor Joseph S. Larisa, Jr.

 

Present:

Mayor Joseph S. Larisa, Jr.

)

 

 

Patrick T. Caine

)

 

 

Peter F. Midgley

)

Council Members

 

Valerie A. Perry

 

 

 

William J. Fazioli

)

City Manager

 

William J. Conley, Jr.

)

City Solicitor

 

Dana L. Toy

)

City Clerk

 

 

 

 

 

Manuel F. Vinhateiro

)

Superintendent of Schools

 

Antone M. Gouveia, Jr.

)

 

 

Mildred Morris

)

School Committee Members

 

Robert Faria

)

 

 

David A. Medeiros

)

 

 

Eileen S. Lovett

)

 

 

 

 

 

Absent:

Norman J. Miranda

)

 

 

The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Caine. 

 

Pauline Bunker, Merandi Court Reporting, is present to record the proceedings of the public hearing.

 

I.  CONSENT CALENDAR

 

A.  APPROVAL OF COUNCIL JOURNALS

                  September 6, 2005 – Regular Meeting

      September 20, 2005 – Closed Meeting - Re: Collective Bargaining

 

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT

 2005                                             $9,410.83

 

C.  RESOLUTION Town of North Kingstown – Resolution in support that the town shall not exercise their power of eminent domain upon private residential property and transfer it to a private developer for the purpose of improving tax revenue or expanding the tax base or for the purpose of economic development.

 

RESOLUTION – Town of Coventry – Resolutions requesting that the RI Congressional Delegation and The President of the United States demand hearings in the Senate and the House of Representatives of the Congress of the United States regarding the source of the record gas price increase over the last six months, whether any of the multi-national oil companies are guilty of price gouging the American public, and if a criminal investigation is warranted.

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to remove the minutes of the September 20, 2005 from the Consent Calendar and keep them closed.  It is noted for the record that Councilman Miranda is absent.

 

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.  It is noted for the record that Councilman Miranda is absent.

 

II.  PROCLAMATIONS & PRESENTATIONS

 

Mayor Larisa presents a proclamation to Superintendent Vinhateiro for the Agnes B. Hennessey School being awarded Blue Ribbon status by the U.S. Department of Education.

 

III.  APPOINTMENTS 

 

Traffic Control  (By Councilman Midgley)

Michael Cute

            10 Willett Avenue, Apt. 6 (02915)

 

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve.  It is noted for the record that Councilman Miranda is absent.

 

Traffic Control  (By Councilman Caine)

            Edward Dias

            93 Miller Avenue (02916)

 

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.  It is noted for the record that Councilman Miranda is absent.

 

Traffic Control (By Councilwoman Perry)

            Marie Hornig

            47 Knowlton Street (02915)

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.

 

Traffic Control (By Councilwoman Perry)

            Thomas Martino

3040 Pawtucket Avenue, Apt. 203 (02915)

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.

 

Traffic Control (By Councilwoman Perry)

            Ed Lundstrom

43 Angell Drive (02914)

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.

 

IV.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

 

1)  Vict/Not Over 25 (Transfer)

From:  Poliana Dumont, Brazil 2000, Inc., d/b/a Sol E. Vento

To:  Sal Aragao, d/b/a Brazil 2000 Sol E. Vento, 211½ Warren Avenue

 

Sal Aragao, 87 John Street, Cumberland, RI is present and sworn in by the City Solicitor.

 

There is no one from the public wishing to be heard.

 

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and subject to the letter of objection being cleared. It is noted for the record that Councilman Miranda is absent.

 

2)  Holiday Sales (Transfer)

From:  Poliana Dumont, Brazil 2000, Inc., d/b/a Sol E. Vento

To:  Sal Aragao, d/b/a Brazil 2000 Sol E. Vento, 211½ Warren Avenue

 

There is no one from the public wishing to be heard.

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police,

 

Building Inspector, Health Inspector and Fire Marshall and subject to the letter of objection being cleared. It is noted for the record that Councilman Miranda is absent.

 

Without objection, on motion of Councilman Caine, seconded by Councilwoman Perry, Mayor Larisa changes the order of business.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

 

V.  PUBLIC HEARINGS

 

ORDINANCES – FINAL PASSAGE  (Given first passage September 20, 2005.  Advertised-Providence Journal – September 23, 2005)

 

The following is an ordinance amendment regarding signs prohibited.

 

SECTION I.  Sec. 8-101 of Article V entitled “ Electric Poles and Wires” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations.” is amended to read as follows:

 

Sec. 8-101.  Sign Prohibition.

 

No sign shall be placed upon any poles erected in accordance with this section except by the state and the city or unless otherwise approved by the City Manager.

 

SECTION II.  Sec. 8-481 of Article XVII entitled “Telegraphic and Telephonic Uses” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations.” is amended to read as follows:

 

Sec. 8-481.  Sign Prohibition.

 

No sign shall be placed upon any poles erected in accordance with this section except by the state and the city or unless otherwise approved by the City Manager. (Requested by Councilwoman Perry)

 

 

Councilwoman Perry states the ordinance will prohibit any signs from being posted on any poles and that we will be removing the signs that are up there now.

 

Joseph Botelho, 82 Plymouth Road, is present and sworn in by the City Solicitor and states he owns a realty company and has signs up throughout the City.  Have no problem with removing my signs as long as my competitors have to do the same.  Since there is already a State law on the books that you cannot do this, how will this be enforced?  Mayor Larisa states that Councilwoman Perry has proposed a sign removal day and we’ll go out there and remove them.  Mr. Botelho states he’s still has seen signs up.  As they go back up on the poles, what will happen?  Mayor Larisa says if you’re competitors are still putting them up, then make the call.  Councilwoman Perry states she has no problem with notifying these people by letter and will send them out myself to notify them that signs are prohibited. 

 

Mr. Botelho states it has been a State law, but nothing has happened and they are still out there.  What happens once they are notified and they don’t take them down?  Mr. Conley states under existing law now, it was within zoning enforcement.  A number of communities have taken it out of zoning enforcement and also provide enforcement from the Police Dept. It will be punishable by the City’s Municipal Court as an offense.  What other communities have done is that when they start to go back up, letters are sent from the Police Dept. stating that if you don’t take them down, you will be cited and have to go to Municipal Court.  Changing enforcement to include the Police Dept. and Municipal Court as an attempt to make it more of an impact. 

 

Mr. Botelho asks if there is a fine to prevent them from doing it over and over again?  Mr. Conley states under the general penalty provision, they can be fined anywhere up to $500.  Mr. Botelho asks who would be cited, the person who puts it up or the individual who owns the company?  Mr. Conley states it would be the owner of the company. 

 

Anthony Abatecola, 72 Hazelwood Avenue is present and sworn in by the City Solicitor and  asks how much leeway is given for people that want to have yard sales?  Many of us do take them down when we’re done, but I don’t want to put them up and then have someone come up and remove it. 

 

Mr. Conley states there are no exceptions to those circumstances.  One of the reasons for these types of ordinances is for safety issues.  A lot of these signs end up getting put in a high traffic and high visibility area and on corners and that is the worst place for them because they create risks and block vision and intersections.  When a yard sale sign goes up, chances of enforcement happening that quickly are very little.

 

Councilwoman Perry states the one reason we did this was because people abuse their privileges.  For yard sales, you are required to get a permit, which a lot of people don’t get and after the yard sale is over, you have 12 hours to take that sign down.  There are signs still up from a June moving sale.  That is why we did this. 

           

Mayor Larisa asks Councilwoman Perry if would she be opposed to having someone that comes in and gets permit for yard sale and part of it signs something that says they could have the sign up for 48 or 72 hours?  Councilwoman Perry states if they came in for the permit and that sign would still have to be down within 12 hours of the sale.  Mayor Larisa states we could have it say on the permit application that you agree to take the sign down.  Will entertain a different ordinance amending the permits to allow posting of yard sale signs with an agreement that you’ll put them up and take them down in proximity to the yard sale.

           

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for Final Passage.  It is noted for the record that Councilman Miranda is absent.

 

The following is an ordinance amendment regarding signs prohibited.

         

SECTION I.  Subsection (a) of Sec. 9-9 entitled “Property damage generally; obstruction of lawful pursuits.” is amended to read as follows:

Sec. 9-9.  Property damage generally.

 

(a)  No person shall maliciously, wantonly, or carelessly daub with paint, cut, break, or other wise injure or by scratching or writing with paint, blacking, chalk or in any other way or manner deface any post, light post, fence, tree, tree box, house or other building situated in or on any street, highway, bridge, wharf or public place or ground set apart for public purposes in the city or any ornament or appurtenance of such post, light post, fence, tree, tree box, house or other building.

 

SECTION II.  Subsection (b) of Sec. 9-9 entitled “Property damage generally; obstruction of lawful pursuits.” is amended to read as follows:

Sec. 9-18.  Signs prohibited.

 

(a) Unless otherwise provided for in Chapter 19, Article VII, the following signs, including political signs, shall be prohibited in the City:

 

(1)    Signs on any building owned, operated, or leased by a public agency.

(2)    Signs on or within the confines of any public park, recreation area, or other type of landscaped grounds owned or operated by the city or other governmental agency, or upon any flagpole or tree owned by a public agency.

(3)    Signs on any traffic-control sign or device, such as stoplights and their standards, stop signs, yield signs, one-way street signs, or any other type of sign or device that directs traffic, or on the supporting post of such sign

(4)    Signs which in any way blocks the view of a traffic-control sign or device by motorists or pedestrians in such a manner as to create a hazard.

(5)    Signs which in any way poses a hazard to motorists, pedestrians, cyclists using the public rights-of-way such as not being high enough to allow pedestrians or cyclists to pass by unobstructed, or protruding into a street or sidewalk in such a manner as to interfere with the safe passage of the public.

(6)    It is also unlawful for any person to obstruct the use of the property of another or obstruct another in the prosecution of his lawful business or pursuits in any matter

(7)    Signs on any telephone or electrical pole

(8)    Any person found guilty of any violation of this section shall be penalized in accordance with section 1-16.

 

(b)  Pursuant to Sec. 19-447, the requirements of this article shall be enforced by the zoning officer and/or the chief of police or his designee.  The notice shall be provided by telephone or, at their discretion, written notice to the person and/or persons responsible.  The chief of police shall provide notice of violation to any person who posts a sign that constitutes a traffic hazard.  (Requested by Law Dept.)

 

 

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for Final Passage.  It is noted for the record that Councilman Miranda is absent.

 

The following is an ordinance amendment regarding fence graffiti.

 

SECTION I.  Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses: is amended by adding thereto the following:

 

Sec. 9-17.  Fence graffiti prohibited.

 

Graffiti shall be defined as the defacing, altering, modifying, changing, drawing, damaging, or destroying by spraying or use of paint or marking of ink, dye or any other similar substances on public and/or private buildings, structures and places, an inscription, slogan, drawing or modification.

 

A fence or other structure upon which the owner or agent paints or affixes graffiti for the malicious purpose of annoying the owners or occupants of adjoining properties and/or adjacent neighbors shall be deemed a private nuisance.  Such nuisance shall constitute a minimum property violation and be within the jurisdiction of the municipal court.  Any owner or occupant of adjoining or adjacent properties who are injured either in the comfort or enjoyment of his or her estate thereby may have an action to recover a fine and damages of up to $1,000.00 per incident and/or equitable relief ordered by the court including removal of the graffiti.  (Requested by Mayor Larisa and Councilman Midgley)

 

 

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to continue until the next meeting.

 

The following is an ordinance amendment regarding mandatory spay/neuter program.

 

SECTION I.  Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended by adding thereto the following:

 

ARTICLE IV.  Spay and Neuter Program.

 

Sec. 3-60.  Findings, purpose and intent.

           

(a)  The City Council finds and determines that:

 

(1) Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of stray domestic animals.

 

(2) Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.

 

(3) A permit system for breeding of cats owned or harbored in the City of East Providence combined with a program for spaying/neutering is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.

 

(b) Declaration of intent.  The City Council hereby finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate permits are acquired.

 

Sec. 3-61.  Spaying/Neutering.

 

(a) No person shall own or harbor, within the City any cat over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered cat or a license and permit for breeding cats issued by the City of East Providence Animal Control.  The owner of any cat over the age of six (6) months is responsible to provide proof of spay/neuter through records or certificate of examination by a licensed veterinarian to the Animal Control Officer within seven (7) days of a request for said records by the Animal Control Officer.

 

(b) An "intact" permit shall be issued for an unaltered cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit.  An "intact" permit may be issued by the ACO to an individual who refuses to spay or neuter their cat.  The fee for such a permit shall be $100 per year.  All funds from "intact" permits shall be deposited in the City's spay/neuter account.

 

(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the owner of such animal and shall adhere to the provision of this section.

 

(d) Subsection (c) above shall not be interpreted to apply to a person caring for a colony of feral cats if such person:

           

(1) Registers (at no charge) with the City of East Providence as a caretaker for feral cats;

 

(2) Regularly feeds or arranges for the feeding of the colony, including on weekends and holidays;

 

(3) Traps all feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered or identifies to animal control those cats deemed unable to be trapped;

 

(4) Has all trapped cats tested for feline aids and leukemia and has those who test positive humanely euthanized or isolated indoors;

 

(5) Identifies feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;

 

(6) Has all trapped cats vaccinated according to state and local laws.

 

Sec. 3-62.  Breeding permits.

 

(a) No person shall cause or allow any cat owned or harbored in the City to breed without first obtaining a breeding permit under this Section.

 

(b) East Providence Animal Control shall administer a permit program to allow breeding of cats consistent with criteria and according to procedures contained in the city ordinances.

 

(c) Each applicant who is issued a permit to breed cats under this section shall pay a breeding permit fee of $100 per year.

 

(d) No person shall cause or allow the breeding of a male or female cat without first obtaining a breeding permit issued by Animal Control. Breeding permits shall be valid for twelve months, renewable on an annual basis. Fees for such permit shall be as set forth. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:

 

(1) No offspring may be sold or adopted and permanently placed until reaching an age of at least eight (8) weeks.

 

(2) No offspring may be sold or adopted until immunized against common diseases.

 

(3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six (6) months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.

 

(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any animal bred by the permit holder.

 

(5) The breeding permit holder shall adhere to Minimum Standards regarding the care and keeping of animals developed and approved by the Animal Control and Rhode Island state law.

 

Sec. 3-63.  Sale or adoption of cats.

 

(a) Any person who provides or offers to the public, whether or not for compensation, any pet or pet related goods (where they are the primary products) or pet services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by Animal Control.

 

(b) Any person offering cats for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing or permit requirements of East Providence applicable to such animal.

 

(c) No person shall offer for sale or adoption any cat on any public street, sidewalk, or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption.

 

(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.

 

Sec. 3-64.  Revocation of permit.

 

(a) Any permit issued may be revoked if the Animal Control Officer has reasonable cause to believe any of the following to be true:

 

(1) The permittee has violated any state or local ordinances relating to the keeping, care or use of any animal.

 

(2) The permittee is in violation on any State health or safety law or regulation regarding animal care or control;

 

(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this ordinance;

 

(4) The permittee refuses to allow inspection, upon forty-eight hours written notice, of any cat covered by the permit or the premises on which the animal is kept; or

 

(5) The permittee has transferred, sold or otherwise disposed of the cat for which the permit was issued.

 

(b) If, after investigation, the Animal Control Officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit.

 

Sec. 3-65.  Penalty for violation.

 

Any person who violates the provisions of this act shall have no more than 30 days to have their cat spayed or neutered.  The ACO may inform persons subject to this law to the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations.  If an animal is not spayed or neutered within 30 days of notice they shall be subject to a $100 fine for each 30 days the subject animal is not spayed or neutered.

 

Sec. 3-66.  Responsibility for enforcement.

 

The Animal Control Officer shall be responsible for the enforcement and administration of this ordinance.

 

Sec. 3-67.  Transition.

 

Persons harboring a cat subject to this ordinance on the date it becomes effective shall have 120 days from such date to comply herewith.  (Requested by:  Mayor Larisa)

 

 

On motion of Councilwoman Perry, seconded by Councilman Caine, 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 Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Councilman Miranda is absent.

 

VI.  NEW BUSINESS

 

CITY MANAGER’S REPORT

1) Pre-qualifications for dental coverage

 

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.

 

2) Pre-qualification for construction for addition to the East Providence Senior Center

 

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.

 

REPORTS OF OTHER CITY OFFICIALS

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

No claims report to be filed.

 

VI.  PUBLIC HEARINGS

            2005-2006 Budget

Manuel Vinhateiro, Superintendent of Schools, addresses the Council and highlights the School Department’s budget.  He speaks about the State mandates effect on the budget and the schools increased expenditures, including increases in staff, maintaining school resource officer positions, replacement of maintenance vehicles, increase energy costs, benefit increases, health care increases, salary increases, and debt servicing. 

 

The City Manager addresses the Council regarding the City’s budget.  I previously addressed the Council at the meeting on September 15th.  We all agree that schools are a very important part of the community.  They add strong economic variables to the City, such as the next generation of skilled workers and have an effect on the real estate values in the community.  The large amount of school funding comes from the property tax in this state.  Our State has a miserable record of providing state aid to education, where we rank 44th out of 50 states across the country for the State’s share.  I have to balance the need for providing quality schools recognizing that the money that comes into City Hall is not free.  I hope that we can work together collaboratively on this budget. 

 

The following people were present and sworn in by the City Solicitor and speak on the budget:

 

Tony Gouveia, School Committee Chairman

Bob Enos, Milburn Road

Dave Medeiros, School Committee member

Beverly Ogden, Riverside Drive

Joan Perry, East Providence

Jack Monagle Ferris Avenue

Brittney, Willett Avenue

Dr. Isadore Ramos, Bullocks Point Avenue

Elizabeth, Center Street

Bob Rodericks, Howland Avenue

Jim Abrahms, Caitlin Avenue

Steve Furtado, Mason Street

Tony Abatecola, Hazelwood Street

Sean Cook, Pawtucket Avenue

Robert Faria, Cushman Avenue

Tom Riley, Pawtucket Avenue

Louis Giraitis, 35 Jenks Street

Joe Botelho, 82 Plymouth Road

Don Rogers, Suttcliff Circle

Pat Streit, 81 Indian Road

Dorothy O’Gara, Bridgham Farm Road

Tom,  214 Riverside Drive

Tony Gouveia, School Committee Chairman

Jack Fahey, Pawtucket Avenue

Bob Cusack, Greenwood Avenue

Tracy Lusignan, 45 Rhodes Avenue

 

ORDINANCES – FINAL PASSAGE

The following is an ordinance appropriating $127,935,195 for the support of the City Government for the fiscal year ending October 31, 2006. (Advertised Providence Journal - September 16, 2005)

 

To be continued at the next meeting.          

 

INTRODUCTION OF ORDINANCES  (If given first passage, can be referred to the next regular Council meeting to be held on October 18, 2005 for a public hearing and consideration of final passage).

 

The following is 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 Seventy-six Million Three Hundred Fifty-one Thousand ($76,351,000) Dollars nor more than Seventy-five Million Two Hundred Fifty-one Thousand  ($75,251,000) 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, 2005 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, 2006 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 2006 and the 3rd day of July, 2006 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 3rd day of July, 2006, 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 3rd day of July, 2006 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2006 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 3rd day of July, 2006, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2006, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2006 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2007.

 

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 3rd day of July, 2006 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, 2007 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.

 

To be continued at the next meeting.

 

The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue.

 

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2006 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

 

To be continued at the next meeting.

 

The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes.

           

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2006 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

 

To be continued at the next meeting.

 

The following is an ordinance amendment pertaining water rates.

                                                                               

SECTION I.   Subsection (a) of Sec. 17-36 entitled “Water Rates.” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

 

(a)  The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $1.90 2.45 per 100 cubic feet for all consumers. (Requested by:  Director of Finance)

 

To be continued at the next meeting.

 

The following is an ordinance amendment pertaining sewer rates.

 

SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended to read as follows:

 

(c) The water consumption portion of the sewer charge shall be at a rate of $2.70 3.05 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis. (Requested by:  Director of Finance)

 

To be continued at the next meeting.

 

The following is an ordinance amendment regarding handicap parking.

 

SECTION I.  Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled

 

 “Vehicles and Traffic.” Subsection 18-315 entitled “Reserved parking designated–Handicapped parking.” is amended by adding thereto the following:

 

CORNELL AVENUE (east side) in front of house number 33. (Requested by: Director of Public Works)

 

 

On motion of Councilwoman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for First Passage. It is noted for the record that Councilman Miranda is absent.

 

          COMMUNICATIONS

Tim Norton, 180 Bourne Avenue

Requesting to address the Council to discuss enforcement of noise violations and the harm to quality of life that non-enforcement causes.

 

To be continued at the next meeting.

 

There being no further business, on motion of Councilman Midgley, seconded by Councilman Caine, the meeting adjourns at 11:47 p.m.

Attest:

 

 

__________________________________

Dana L. Toy

City Clerk                                                       

 

Approved: October 18, 2005

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