| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING SEPTEMBER 19, 2006 | |
The City Council meets in the Council Chambers on Tuesday, September 19, 2006 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 8:12 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | Council Members |
| | Peter F. Midgley | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Silva.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
I. CONSENT CALENDAR
A. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2006 | $2,428.48 |
| 2005 | $1,484.54 |
| TOTAL | $3,913.02 |
B. COASTAL RESOURCES MANAGEMENT COUNCIL – Meeting Notice for the request for extension of State assent of Robert Settipane, CRMC File No. 1992-01-046, 7 White Avenue, Plat 313, Lot 1
C. COASTAL RESOURCES MANAGEMENT COUNCIL – Meeting Notice for the application for State assent of City of East Providence, CRMC File No. 2005-10-033, Pier Road, Plat 16, Lot 22-001
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. APPOINTMENTS
1) East Providence Public Library Trustees (By Councilman Caine)
Elizabeth Ingraham, 84 Hood Avenue (02916)
(To fill the unexpired term of Donna Drapeau)
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve.
2) East Providence Waterfront District Commission (By Mayor Larisa)
Steven Hardcastle, 20 Beech Tree Road (02916)
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve.
III. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given First Passage Sept. 5, 2006. Advertised-Providence Journal – Sept. 8, 2006)
1) The following is an ordinance amendment regarding stop sign at Omega Way (eastbound traffic) at Roger Williams Avenue:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
OMEGA WAY (eastbound traffic) at Roger Williams Avenue. (Requested by: Director of Public Works)
There is no one from the public wishing to be heard.
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
Click here to view ordinance
IV. NEW BUSINESS
A. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| East Providence Water Pollution Control Facility | |
| RIPDES Permit No. R10100048 | Not approved (pending NBC letter of intent) |
| SRH Corporation, Claim No. 06-27 | Denied |
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to accept the Claims Report.
B. COUNCIL MEMBERS
1) “Where have all the flowers gone?” (By Councilman Midgley)
Councilman Midgley would like to publicly thank Tom West for the work he’s done on his own time at Oldham School putting in flowers to make the area look better.
2) “East Providence Taxpayer Bill of Rights” (By Mayor Larisa)
Mayor Larisa states he’ll be putting a resolution on for the next meeting. We hear a lot about the rights of individuals under contracts, but we don’t hear about the rights of taxpayers in the City. We’ve heard about Proposition 2 ½ in MA and taxpayers in Rehoboth and Seekonk are saying enough is enough. School spending is out of control and taxpayers are saying they’re not going to take it anymore. They don’t get free healthcare or free prescription drug benefits and State and Federal government is not stepping up to the plate. What should taxpayers be entitled to, not as a privilege, but as a right of their City government? You’d think a City Council would set a tax rate of no more than is reasonably necessary to meet the obligations of the City. A City Council should do its best not to set a tax rate in excess of the rate of inflation. You’d think the taxpayers have the right as passed here by ordinance to have a fiscal impact of any City collective bargaining agreements executed by any entity in City government, the right that was lacking in the worse contract in the history of East Providence which is costing taxpayers millions of dollars each year with teachers and school department employees paying no copy on healthcare and a minimum prescription drug benefit. You’d think the taxpayers have the right to have all City employees pay a fair and reasonable co-payment. This Council has done that with the Police, Fire, Steelworkers and every City employee paying a fair and reasonable co-payment. Would we want more? Sure we would. But compared to every other community in RI, we are at the forefront. If the school just paid what the Police, Fire and all City unions pay, we’d make up $1.3 million dollars this year. We also think the taxpayers have a right to public hearing and the right to question any City expenditure and offer new suggestions to try and save money. The 3.5% tax increase was a far cry from the tax increase from the prior City Council. October 3rd is the first public hearing on the budget. Copies of the budget are available in the City Manager’s and City Clerk’s Offices and will be available on the website soon. A big step towards the East Providence Taxpayer Bill of Rights is to set a meaningful tax cap that requires higher scrutiny by the Council and heightened vote requirement in order to increase taxes above a certain amount.
Unanimous consent given to Councilwoman Perry, who discusses the coastal cleanup at Sabin’s Point last Saturday sponsored by the Audubon Society and Girl Scouts and wanted to thank them. I went down and volunteered with about twenty others to clean up the beach, but we still have a long way to go. Hope we could borrow equipment from another town to rake the beach again because it could use it. Next year, they’ll let me know ahead of time so we can get the word out and get more volunteers involved. Mayor Larisa asks the City Clerk to send a letter of thanks to the groups on behalf of the Council for the cleanup efforts.
Councilwoman Perry states she also went to the block party on Gerald Street and said they were many neighborhood children playing there and I was told almost the entire neighborhood was there. They did get the word out to the neighbors. They were all having a great time with no problems. We went down a couple of blocks when we left and didn’t hear anything. It was well run and everyone was having a great time.
Unanimous consent given to Councilman Midgley who asks that Eugene Saveory be reappointed as Chairman of the Zoning Board of Review. Motion is made by Councilman Midgley, seconded by Councilman Caine and is unanimously voted to approve.
C. INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on October 3, 2006 for a public hearing and consideration of Final Passage).
1) The following is an ordinance amendment regarding maximum tax levy:
SECTION I. Article IV entitled “Property Tax on Ratable Real Estate and Tangible Personal Property and Excise Tax on Registered Motor Vehicles and Trailers” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation.” is amended by adding thereto the following:
Sec. 16-53. Maximum levy.
(a) Beginning in fiscal year 2007, the City may not levy a tax in an amount more than 3 ½% in excess of the amount levied and certified by the City for the prior year. The amount levied by the City is deemed to be consistent with the 3 ½% levy growth cap if the tax rate is not more than 103.5% of the prior year’s tax rate. In all years when a revaluation is not being implemented, a tax rate is deemed to be 103.5% or less of the prior year’s tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than 103.5% of the prior year’s tax on the same parcel of real property. In any year when a revaluation is being implemented, the tax rate is deemed to be 103.5% of the prior year’s tax rate upon certification by the Department of Finance for the City.
(b) The amount levied by the City may exceed the 3.5% increase only upon approval by a supermajority of four of the City Council.
(c) The amount levied by the City may exceed the percentage increase as specified in subsection (a) of this section if one of the following occurs:
(1) The City forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the Director of Finance.
(2) The City experiences or anticipates an emergency situation, which causes or will cause the levy to exceed this percentage increase specified in subsection (a). Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the City experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year’s health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a) of this section.
(3) The City forecasts or experiences debt services expenditures which exceed the prior year’s debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) of this section and which are the result of bonded debt issued in a manner consistent with general law or a special act.
(4) The City experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the City or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the Director of Finance. (Requested By Mayor Larisa)
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve for First Passage.
Click here to view ordinance
2) The following is an ordinance amendment regarding stop sign at Milburn Road (northbound traffic) at Plymouth Road, Milburn Road (westbound traffic) at Dover Avenue, Commack Road (westbound traffic) at Dover Avenue, and Commack Road (eastbound traffic) at Milburn Road:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
MILBURN ROAD (northbound traffic) at Plymouth Road.
MILBURN ROAD (westbound traffic) at Dover Avenue.
COMMACK ROAD (westbound traffic) at Dover Avenue.
COMMACK ROAD (eastbound traffic) at Milburn Road. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for First Passage.
Click here to view ordinance
3) The following is an ordinance amendment pertaining to the Harbormaster’s Department:
SECTION I. Subsection (4) of Section 13-76 entitled "Purpose and Intent” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
(4) Remain consistent with the goals and regulations of the Rhode Island Coastal Resources Management Council, the Rhode Island Department of Environmental Management (RI-DEM), the state guide plan, the United States Army Corps of Engineers, and all Rhode Island State Laws pertaining to harbormasters.
SECTION II. Subsection (16) and Subsection (17) of Section 13-83 entitled “Appointment; duties and responsibilities” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” are amended to read as follows:
(16) Carry out all other powers and duties authorized to the harbormaster under various state and federal marine laws, including, but not limited to, Marine Sanitation Device (MSD) inspection and discharge responsibilities afforded through the U.S. Coast Guard (33 CFR, and 46 CRF) and RI-DEM through G. L. §46-12-41, MARPOL ANNEX V, Section 312 of the Clean Water Act, G.L. 1956, § 46-22-1 et seq.
(17) Attend First Aid and CPR training classes, attend all training courses required by the Harbormaster Training and Standards Commission, and attend specific harbormaster and harbor management training courses as designated by the harbor management commission to the city manager. The assistant harbormasters are also required to attend these classes and courses. Attending such classes and courses shall be at least prerequisite to appointment or reappointment as a harbormaster or assistant harbormaster.
SECTION III. Section 13-92 entitled “Boat sewage waste.” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” are amended to read as follows:
(a) The disposal of boat sewage wastes by any means into the coastal waters of the city is prohibited.
(b) No person shall operate or moor for more than thirty (30) days, a boat in the waters of the city, other than vessels for hire licensed by the U.S. Coast Guard to carry six (6) or more passengers, unless such boat displays in a prominent position an approved “no discharge certificate decal.”
SECTION IV. Section 13-94 entitled “Towing and moving of vessels” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
If any vessel berthed, moored, or anchored in the coastal waters of the city is found to be in violation of any provision of this chapter; the harbormaster is directed to move, relocate, or tow such vessel. In addition to any fees such violation shall incur, a fine of $500.00 shall be collected from the vessel owner for such harbormaster action. This fee shall be set by the city council periodically, upon recommendation from the harbor management commission.
SECTION V. Subsection (a) of Section 13-96 entitled “Abandoned vessels and structures” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
(a) Upon his determination the harbormaster may take custody and control of abandoned vessels and structures located in the coastal waters and harbor areas of the city and remove, store, or otherwise dispose of such vessel or structure at the expense and sole risk of the owner of the abandoned vessel or structure. In addition to any fees such violation shall incur, a fine of $500.00 shall be collected from the vessel owner for such harbormaster action. Reasonable notice of such removal, storage, or disposal shall be publicly advertised. If any abandoned vessel or structure presents a hazard to the navigation, the harbormaster may have it removed before it is publicly advertised. The owner is responsible for all expenses incurred.
SECTION VI. Subsection (c) and Subsection (e) of Section 13-116 entitled “Permitting” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
(c) Permit renewals. Renewal forms will be mailed by the harbormaster each year to those persons who held valid mooring permits at the end of the previous calendar year by January 15 and returned to the city hall by February 28. Permit renewals that include a change in the vessel size or draft may cause the renewal to be considered under section 13-116(d) of this article, Relocation of existing permitted moorings. Nonrespondents shall be sent a registered letter on or about March 1, assessing them a $100.00 late fee and giving the permit holder until March 15 to renew. Failure to submit a renewal form, mooring permit fee, and late fee by March 15 may result in the loss of the permitted space. It shall be the responsibility of the mooring permit holder to notify the harbormaster of any change in address. The harbormaster shall approve or reject mooring permit applications by March 15.
(e) Failure to renew an existing valid mooring permit. Failure to renew an existing valid mooring permit in accordance with the provision of this chapter by March 15 of any given year may result in the permitted owner’s abandonment of all his privileges and interest in the previously permitted mooring space. The harbormaster may remove the now abandoned mooring at the permitted owner’s expense. Such expense may in turn be recovered by the city, in accordance with the provisions of this article.
SECTION VII. Subsection (c) of Section 13-122 entitled “Mooring fields” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended by deleting therefrom the following paragraph:
Mooring Field A-2: A body of water beginning 100 feet northwest of Dock A at Cove Haven Marina proceeding northeasterly for 175 feet, then turning southeasterly for a distance of 125 feet, then turning southwesterly for 165 feet, then turning westerly for 85 feet.
SECTION VIII. Subsection (a) of Section 13-125 entitled “Dredging” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
(a) Periodically mooring fields A-1 and B may be maintenance dredged. It shall be the sole responsibility of the mooring permit holder (owner of the mooring) to remove all hardware and ground tackle for the duration of the dredge project. Notification will be made to remove mooring hardware and ground tackle by form of a letter to mooring permit holders and public notice. If after proper notification, a mooring and/or its ground tackle are not promptly removed by the mooring permit holder (owner of the mooring), the mooring and/or its ground tackle will be removed and disposed of at the owner’s expense and the mooring permit will be revoked.
SECTION IX. Subsection (4) of Section 13-141 entitled “Fees” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to read as follows:
(4) All current permit holders applying for relocation shall be assessed an application fee of $50.00;
SECTION X. Subsection (b) of Section 13-142 entitled “Penalties” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, entitled “Public Places” is amended to add Subsection (b)(12) and Subsection (b)(13) to read as follows:
(12) Failure to display an approved “No Discharge Certificate Decal” in a prominent position on a vessel required to display such a decal. $100.00
(13) Blocking, barricading, or impeding use of or access to designated public right-of-way. $100.00-$1000.00
(Requested by Councilman Midgley and Harbor Management Commission)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
Solicitor Conley states a small change is needed. Need to change 1987 to 1998 in the sections of this 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.
Click here to view ordinance
D. COMMUNICATIONS
Lisa Pinto, 55 Magnolia Street. Requesting to address the Council pertaining fire codes for the storage of firewood.
Ms. Pinto discusses an issue with a neighbor storing firewood close to her fence and she is concerned of a fire starting. She called the Fire Marshall and he said wood isn’t supposed to be stored within 10 feet of an existing structure. They have moved the wood, but it’s still on my property line. We are getting bugs from the wood being stored there. Also is concerned about the wood stove being installed without a permit. She has a copy of the citation, which she shows to the Solicitor.
Solicitor Conley states if the citation was issued, the enforcement process has begun. A lot of times, these construction issues may overlap between the Building Official’s Office and the Fire Department. They usually have a period of time to cure it before we bring them into court. We check for compliance to see if they’ve cured the issue or not. If it is not cured in the time period, a request is sent down for prosecution to the Law Department. We then file a complaint and bring it to Municipal Court. This letter is dated September 13th and it advises them they are in violation of the building code. On the wood storage, we’ve adopted the uniform code. Reads about outside storage conditions. Sounds like there was an attempt to remedy this, but it is still in violation so we may need to follow up again.
Chief Klucznik states that the Fire Department can only have jurisdiction in any residential dwellings of 4 units or more. This is a 3 family dwelling, which would fall under jurisdiction of the Building Inspector. However, when we talk of outside storage, this is for 4 units or more, it reads that any outside storage of combustible materials shall not be located within 10 feet of a property line. The separation distance shall be allowed to be reduced to 3 feet for storage not exceeding 6 feet in height.
Solicitor Conley said there is a building code standard for this. Usually the codes work together, but need to check into it this. Ms. Pinto states both the Fire and Building Officials have been out to the property. Solicitor Conley states we can see if the Building Official’s Office has followed up on the storage of the wood issue.
Mayor Larisa states that this is the Building Official’s jurisdiction, there’s a standard that applies throughout the United States, and the Solicitor will work with the Building Official to find out the status. If they are violating this, it would be enforced the same way as the wood burning stove issue. You can contact Solicitor Conley to follow up with this.
Unanimous Consent given to Mayor Larisa to add to the agenda the Annual Don Avenue Block Party to be held on September 24th from 4-7pm. Motion is made by Councilman Midgley, seconded by Councilman Caine, and is unanimously voted to approve.
There being no further business, on motion of Councilman Midgley, seconded by Councilman Caine, the meeting adjourns at 9:05 p.m.
Attest:
_________________________________
Dana L. Toy
City Clerk
Approved: October 3, 2006