| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING OCTOBER 18, 2005 | |
The City Council meets in the Council Chambers on Tuesday, October 18, 2005 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:45 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | |
| | Peter F. Midgley | ) | Council Members |
| | Norman J. Miranda | ) | |
| | Valerie A. Perry | ) | |
| | William J. Fazioli | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
The invocation is read by Councilman Miranda and the Salute to the Flag is led by Councilman Midgley.
Lori Merolla, Merandi Court Reporting, is present to record the proceedings of the public hearing.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
September 15, 2005 – Special Meeting September 20, 2005 – Regular Meeting
October 4, 2005 – Regular Meeting October 11, 2005 – Special Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2005 | $687.44 |
C. BOARD OF ASSESSMENT REVIEW
Requested adjustments for hardships and residential Tax Board of Review
| YEAR | AMOUNT |
| 2005 (17 approved, 9 denied, total of 26) | $14,046.38 |
D. RESOLUTION – Town of Westerly– 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.
E. ALCOHOLIC BEVERAGE LICENSE – Class F – for October 22, 2005
Sacred Heart Church, 118 Taunton Avenue
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. APPOINTMENTS
Traffic Control (By Councilman Caine)
David Najarian, 2 Fern Drive (02916)
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
Traffic Control (By Councilman Caine)
Edward D. Long, 69 Redland Avenue (02916)
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
Harbor Management Commission (reappointment by Councilman Miranda)
Lee H. Hastings III, 157 Schuyler Street (02914)
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.
Harbor Management Commission (reappointment by Councilwoman Perry)
Alan Dillon, 92 Cushman Avenue (02914)
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
Harbor Management Commission (reappointment by Councilman Midgley)
Capt. E. Howard McVay, Jr., 273 Terrace Avenue (02915)
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
Historic Properties Designation & Study Commission (by Councilwoman Perry)
Michael Charves, 43 Coyle Avenue (02916)
On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
Vict/Not Over 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Monarch Food Mart, LLC
To: Henry Mota, Ivelys LLC, d/b/a Crescent Market Place, 745 Bullocks Point Ave.
Henry Mota, 21 Health Ave., Providence, RI, is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, 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.
Holiday Sales (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Monarch Food Mart, LLC
To: Henry Mota, Ivelys LLC, d/b/a Crescent Market Place, 745 Bullocks Point Ave.
On motion of Councilman Midgley, 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.
Motel/Hotel (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Krishna Realty, d/b/a New Yorker Motor Lodge
To: Natvar J. Patel, Omsairam, LLC, d/b/a America’s Best Value Inn, 400 Newport Ave.
Natvar J. Patel, 400 Newport Ave., and his attorney are present and sworn in by the City Solicitor.
On motion of Councilman Caine, seconded by Councilman Midgley, 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.
Laundry/Drycleaner (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Parkway Plaza Laundry, d/b/a Pete’s Norgetown
To: Daniel S. Kaplan, KKR Enterprises, Inc., d/b/a Parkway Plaza Laundromat, 7 Forbes St.
Daniel S. Kaplan, 5 Karen Dr., Barrington, RI, is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, 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.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
IV. PUBLIC HEARINGS
Mayor Larisa makes a motion to change the order of business to move up the fence graffiti and handicap parking ordinances. Motion made by Councilman Miranda, seconded by Councilwoman Perry.
ORDINANCES – FINAL PASSAGE (Given first passage September 20, 2005. Advertised-Providence Journal – September 23, 2005)
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)
The following people are present and sworn in by the City Solicitor:
Milton Stanzler, Argyle Avenue, represents the RI affiliate of the American Civil Liberties Union and says that the statute has a limitation of a $500 fine. This ordinance would punish someone who puts an exhibit on their own property and would prohibit them from expressing themselves and violates our rights under the First Amendment.
Mayor Larisa says in this case, they painted the fence on the side facing the neighbors and admitted to the Police that their intent was to annoy the neighbors. This Council is saying you cannot put graffiti on your house or fence to harass your neighbors. Mr. Conley says the activity would be a minimum property violation and would be limited to a $500 fine.
Elise Falvo, Prescott Avenue, said that the people who put the graffiti on the fence were asked what they were trying to express. In the Police report, they said I don’t like my neighbors and will do anything to annoy them. We just want the graffiti removed. It takes away from the aesthetics of the City.
Cynthia Dugas, Prescott Avenue, says that she agrees with Mrs. Falvo and doesn’t want her children thinking the graffiti is appropriate behavior because it is not. If people think it is right, every fence will have graffiti on them and that is not acceptable.
Wesley Plante, Seventh Street, states he disagrees with this ordinance.
Councilman Caine said he feels terrible for the neighbors. His opinion is that it is not constitutional and creates the right to sue your neighbor over graffiti and will cost the City funds to hear these cases in Municipal Court. It sends a wrong message to constituents that every time there is a neighbor-to-neighbor problem, the Council can create an ordinance to solve the problem.
Mayor Larisa says he will defend the constitutionality of this ordinance for free. He believes that this ordinance is constitutional.
After further discussion, Councilman Midgley makes a motion to approve for Final Passage. Councilwoman Perry seconds the motion. Roll call vote as follows:
| Councilman Caine | Nay |
| Councilman Midgley | Aye |
| Councilman Miranda | Aye |
| Councilwoman Perry | Aye |
| Mayor Larisa | Aye |
The motion passes 4 to 1
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)
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
Motion to return to the regular order of business by Councilman Miranda, seconded by Councilwoman Perry.
BUDGET DISCUSSIONS (Continued from October 11th)
Following comments by the members of the City Council and City Manager, the meeting is open for public comments. The following people were present and sworn in by the City Solicitor and speak on the budget:
Melissa Carvalho, Gordon Street
Anthony Bochichio, Pine Crest Drive
Roberta Brady, Read Street
Jim Abrahms, Caitlin Avenue
Wesley Plante, Second Street
Charles Mello, David Street
Tom Riley, Pawtucket Avenue
Dennis Kamowski, Barrington Court
Al Quattrucci, Building Official
Jack Fahey, Pawtucket Avenue
The following is an ordinance appropriating $127,215,195 for the support of the City Government for the fiscal year ending October 31, 2006. (Advertised Providence Journal - September 16, 2005)
The following changes were made to the budget: Total receipts decreased from $127,935,195 to $127,215,195 and total of $7,015,285 decreased to $6,295,285.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve the budget as amended for Final Passage.
Mayor Larisa reads the Council’s intent resolution, which is the Council’s intent to authorize and require the City Manager to use best efforts to reduce expenditures and/or raise revenues to reduce the affected property tax rate increase for fiscal year 2005-2006 to at or below 3% by the time the tax rate is set in April.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
1) School Roof Repairs
Mr. Fazioli discusses the resolution on the docket relating to the financing of school roof repairs at Orlo and Waddington Schools and asks for passage of the Resolution.
2) Landfill Facility
Deferred until next meeting.
3) Collective Bargaining Negotiations
Without objection, it is unanimously voted to go into Executive Session at the end of the meeting 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/Litigation], to discuss negotiations.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
No claims report to be filed.
C. RENEWAL OF ANNUAL LICENSES (by Dana Toy, City Clerk)
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2005 upon application by licensee and approval by Chief of Police, Building Inspection, Health Inspector, and Fire Marshall. Requesting to also be advised of any licenses to be deferred or withheld from the renewal process.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.
D. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on November 1, 2005 for a public hearing and consideration of final passage).
1) 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 more than Seventy-six Million Three Hundred Fifty-one Thousand ($75,401,000) Dollars nor less than Seventy-five Million Two Hundred Fifty-one Thousand ($74,301,000) 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.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve as amended for First Passage.
2) 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.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for First Passage.
3) 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.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for First Passage.
4) 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)
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for First Passage.
5) 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)
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is voted to approve for First Passage 4 to 1. It is noted for the record that Councilman Miranda voted Nay.
6) The following is an ordinance amendment regarding stop sign on Quarry Street.
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following: QUARRY STREET (eastbound and westbound traffic) at Fifth Street. (Requested by: Director of Public Works)
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilwoman Perry, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for First Passage.
7) The following is an ordinance amendment pertaining to parking on Grosvenor Ave.
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 18-307 entitled “Parking prohibited at all times.” is amended by adding thereto the following: GROSVENOR AVENUE (north side) from North Hull Street to North County Street. (Requested by: Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for First Passage.
E. RESOLUTIONS
The following is a resolution determining certain matters relating to the issuance of $550,000 notes for the purpose of financing emergency repairs to the Orlo School and the Waddington School, the appropriation of such funds to the repairs, and authorizing the Director of Finance and the Mayor to determine certain other matters relating thereto.
WHEREAS, it has recently been discovered that the roofs of two schools, the Orlo School and the Waddington School, have been damaged and emergency repairs are required; and
WHEREAS, the cost of such repairs may amount to $550,000; and
WHEREAS, moneys have not been appropriated nor budgeted for such repairs; and
WHEREAS, pursuant to Sections 4-19 and 4-20 of the Charter, as ratified by Chapter 80 of the Public Laws of 1959 of Rhode Island upon the recommendation of the City Manager and the concurrence of 4/5 of the City Council, an emergency appropriation may be made and in the absence of budgeted funds, emergency notes may be issued to fund the emergency appropriation; and
WHEREAS, the Rhode Island Health and Educational Building Corporation (“RIHEBC”) has the authority to finance municipal school projects pursuant to Chapter 38.1 of Title 45 of the Rhode Island General Laws; and
WHEREAS, RIHEBC has established a direct loan program pursuant to which the City may issue its emergency notes in exchange for a loan of $550,000.
NOW, THEREFORE, the Council of the City of East Providence hereby resolves:
1. Pursuant to Section 4-19 of the City Charter, $550,000 is hereby appropriated for emergency repairs to the Orlo School and the Waddington School.
2. It is hereby found and determined that it is in the best interest of the City to take advantage of the direct loan available from RIHEBC.
3. Pursuant to Section 4-20 of the City Charter, Notes in an amount not to exceed $550,000 shall be sold to the Rhode Island Health and Educational Building Corporation. The Director of Finance and the Mayor be, and they hereby are, authorized to negotiate the terms of said Notes including the denominations, maturities, interest rates and other terms and conditions of any such Notes as they in their discretion deem necessary or desirable to implement the foregoing. (Requested by: City Manager)
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
F. 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 - Deferred until next meeting.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted 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/Litigation], to discuss negotiations.
There being no further business, on motion of Councilman Caine, seconded by Councilman Miranda, the open meeting recesses at 11:30 p.m. and goes into executive session at 11:40 p.m. and adjourns at 11:59 p.m. The Open Meeting reconvenes and adjourns at 11:59 p.m.
Attest:
________________________________
Dana L. Toy
City Clerk Approved: November 15, 2005