| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING DECEMBER 18, 2007 | |
The City Council meets in the Council Chambers on Tuesday, December 18, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:31 P.M.
The invocation is read by Councilman DiTraglia and the Salute to the Flag is led by Councilman Cusack.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
| Present: | Mayor Isadore S. Ramos | | |
| | Robert E. Cusack | ) | Council Members |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | | | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Virginia B. Nunes | ) | City Clerk |
I. CONSENT CALENDAR
ALCOHOLIC BEVERAGE CLASS F-1 – February 2, 2008
St. Mary Academy – Bay View, 3070 Pawtucket Avenue (02915)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. PROCLAMATIONS & PRESENTATIONS
East Providence Girl Scout Troop 490 presenting Girl Scout Cookies to the Council members to “Kick-Off” Girl Scout Cookie Sales which will begin on January 4, 2008.
III. APPOINTMENTS
1. Traffic Control (by Councilman Cusack)
Arthur G. Neves, 51 Pershing Street (02914)
On a motion of Councilman Cusack, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
IV. LICENSES NOT REQUIRING PUBLIC HEARING
1. Vict/Not Over 25 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)
Ayesha Corporation, d/b/a Gulf Express, 2261 Pawtucket Avenue (02914)
Muhammad Asif Adil, 70 Cape Drive, Mashpee, MA (02649) was sworn in by City Solicitor.
Upon questioning of the Council, it is determined that the license is a transfer of ownership of a license.
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
2. Holiday Sales (Subject to approvals from Chief of Police, Building Inspector and Fire Marshall)
Ayesha Corporation, d/b/a Gulf Express, 2261 Pawtucket Avenue (02914)
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to approve.
3. Vict/Not Over 25 (Transfer) (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)
From: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue (02914)
To: Colbea Enterprises LLC, d/b/a Shell, 501 Warren Avenue (02914)
Norma LaMay, 393 Power Road, Pawtucket, RI (02861) was sworn in by City Solicitor.
Councilman Silva asked if this is just a transfer of the license.
Mr. LaMay stated yes, the existing company East Side Management, Colbea Enterprises is one of our exiting companies within the company they actually purchased the property and now is going to be the management of the property as well as the owners.
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
4. Holiday Sales (Transfer) (Subject to approvals from Chief of Police, Building Inspector and Fire Marshall)
From: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue (02914)To: Colbea Enterprises LLC, d/b/a Shell, 501 Warren Avenue (02914)
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
5. Additional Hours (Transfer) (Subject to approvals from Chief of Police, Building Inspector and Fire Marshall)
From: East Side Management, Inc., d/b/a Shell, 501 Warren Avenue (02914)To: Colbea Enterprises LLC, d/b/a Shell, 501 Warren Avenue (02914)
Councilman Silva asked if he was changing the hours and Mr. LaMay replies that it has always been a 24 hour location.
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
V. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE
1. The following is an ordinance amendment regarding public hazard.
AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS".
SECTION I. Sec. 14-50 entitled “Definitions” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Public hazard means a dead, weakened or diseased tree or one containing signs and/or symptoms of a hazard tree as described by the International Society of Arboriculture and/or Society of Municipal Arborists.
SECTION II. Sec. 14-52 entitled “Tree commission; powers and duties; meetings” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
(a) Created; composition; appointment. There is created a tree commission, hereinafter referred to as the “commission” which shall consist of six members five members, including two ex officio positions. Such members shall consist of a member of the city council selected by the council, the director of public works or his authorized representative, the city forester who shall be ex officio, and three other persons who shall be qualified electors of the city and shall not be public officeholders of the city. These three persons shall be appointed by the mayor subject to confirmation by the city council for a term of two years and shall be appointed in accordance with provisions of the Charter and they shall serve on the commission without compensation. The city council, when appointing members to the East Providence Tree Commission, shall give consideration to those persons interested in the conservation and preservation of trees and the urban forest of East Providence. The commission shall, to the extent practicable, include:
(1) One licensed arborist;
(2) One professional landscape architect or landscape gardener;
(3) Three members shall be lay citizens;
(4) The city forester and a member of the city council shall both be ex officio.
(b) Powers and Duties. The tree commission shall have the following powers and duties:
(1) The jurisdiction over all forestry functions including the planting, care and removal of trees, shrubs and other plants on the properties for which it is responsible. The tree commission shall do all acts necessary and proper for the care, management, improvement, maintenance and protection of the public parks and street trees under its jurisdiction.
(2) The duties of the tree commission shall be interpreted to include, but not be limited to the protection, maintenance, removal, and planting of trees on public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city.
(3) The tree commission shall appoint an appropriately constituted search committee of the tree commission to recommend for appointment by the city council a city forester and such search committee shall base their recommendations on a personal interview, education, experience, general qualifications and references.
(4) The tree commission shall hear and decide appeals from the standards of this article or an appeal of a decision of the city forester. It may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case. The commission shall act upon all appeals as expeditiously as possible and shall notify the applicant in writing within five days of the action taken by the commission on the appeal.
(c) Regular and special meetings; quorum. Regular meetings of the tree commission shall be held quarterly or as needed. Special meetings shall be held as often as the board shall determine them to be necessary. A quorum for the transaction of business at all regular and special meetings shall be three members with full voting powers.
SECTION III. Sec. 14-53 entitled “City forester—Appointment; qualifications” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
The city forester shall be recommended by the Director of Parks and Recreation, approved by the City Manager, and appointed by the city council. based upon recommendations from the tree commission and he The city forester shall be a person holding at least a bachelor’s degree from an accredited college or university in arboriculture or a related field or the equivalent in training or experience.
SECTION IV. Sec. 14-55 entitled “Same—Authority” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
(h) Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five (5) days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five (5) days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).
Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five (5) business days of the decision.
SECTION V. Subsection (c) of Sec. 14-58 entitled “Planting of trees upon any public street or public place” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
(c) Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding twenty (20) feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained. (R.I.G.L. § 45-2-43).
SECTION VI. Sec. 14-64 entitled “Appeals” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
(c) If the applicant remains dissatisfied with the ruling of the tree commission, the applicant may appeal to the municipal court. Notice of the appeal must be filed within ten (10) business days of his or her receipt of the commission’s decision. This notice must be in writing and directed to the city forester and the city manager.
(d) No tree subject to the provisions of this chapter shall be removed or in any way altered during the pendency of an appeal, unless deemed a public hazard by the City Forester pursuant to Sec. 14-55 (h).
SECTION VII. Sec. 14-65 entitled “Violation and penalty” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
Notice of Violation.
(a) First Notice of Violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:
(1) Be in writing;
(2) State the alleged violations applicable to this section;
(3) Describe the property where the violations are alleged to exist or have been committed;
(4) Provide a reasonable time, as stipulated by the City Forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;
(5) Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;
(6) Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;
(7) After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;
(8) No notice shall be recorded if a hearing has been requested, received, and/or under appeal;
(9) No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.
(b) Reinspection. After the appropriate time period, as stipulated by the City Forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.
If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the City of East Providence to purchase and plant new trees/vegetation whether performed by the Parks Division of the City of East Providence or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.
SECTION VIII. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by Tree Warden)
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to speak.
Councilwoman Perry asked for an explanation on the ordinance.
Mr. Conley stated he would attempt to answer any question if I can’t he knows the Council will have to defer till he can appear before the City Council. Recently have been some changes in state law as well as some federal guidelines or regulations regarding City and Town that have a formal tree program and a tree warden which we do. The formal tree program allows us each year to qualify to expend CVBG funds. One of the qualifier you meet or the statutory and regulatory standards for a tree program. The commission has been dormant and inactive, now has been reorganized with state law and it’s downsized from 6 to 5. City Forrest, Arborist or Tree Warden is a change in name only is does have some guidelines of removal of a tree that constitutes a public hazard.
Councilman DiTraglia stated the Tree Warden we have now they are aware of the new spec’s on this tree ordinance.
Mr. Conley stated they are requesting this.
Councilman Silva stated this will be in compliance to we can get state or federal money.
Mr. Brown stated there is not a lot of money out there, but if and when this is a step we have to go through.
On a motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
2. The following is an ordinance amendment regarding septic tank and cesspool dumping fee increase.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
SECTION I. Subsection (g) of Sec. 8-399 entitled “Dumping of contents at city treatment plant” of Article XIV entitled “Privies, cesspools, etc.” 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:
(g) The fee for septic tank and cesspool dumping shall be based at the rate of $25.00 $35.00 per 1,000 gallons.
(Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to speak.
On a motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
VI. CONTINUED BUSINESS
VII. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Memorandum of Agreement – East Providence Professional, Managerial & Technical Employees Association.
Mr. Brown states he is asking for Council’s approval of the Memorandum of Agreement for a 3% wage increase effective November 1, 2007 for the East Providence Professional, Managerial & Technical Employees Association. He says that this is the mid level management group that several years ago we got concessions from all of our employees for co pays of our health insurance as a result of that we got wage reopeners and this is consistent with what we have done in the other bargaining units. He states that the estimated impact will be $100,000 and those funds are included in the current budget.
On a motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley presents Claims Report from December 18, 2007:
| Joseph Dourado Claim No. 07-053 | Refer to Law Department |
| Jeffrey S. Vilardi Claim No. 07-052 | Deny the claim |
On a motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to accept as presented.
C. RESOLUTIONS
Resolution authorizing the City of East Providence 2007 RIDEM Historic Parks/Passive Recreation Development Grant Program Application Submission
WHEREAS, the City of East Providence desires to provide diverse and high quality recreational opportunities for its citizens of all ages;
WHEREAS, the City of East Providence desires to provide safe, comfortable, and convenient recreational facilities to its citizens;
WHEREAS, the City of East Providence does desire to preserve the historical and cultural heritage of East Providence and to provide educational opportunities focusing on this heritage;
WHEREAS, the City of East Providence does desire to protect and enhance the scenic and natural resources of East Providence and to provide opportunities for persons of all ages, abilities and income levels to enjoy these resources;
Whereas, the City of East Providence supports the implementation of projects that are consistent with the State-approved East Providence Comprehensive Plan;
Now, Therefore Be It Resolved, the City Council of East Providence does hereby formally support and authorize submission of the following grant applications to the State of Rhode Island Open Space and Recreation Rehabilitation Development Program:
1. Squantum Woods Park Rehabilitation
(Requested by Jeanne M. Boyle, Director of Planning)
On a motion of Councilman Cusack, seconded by Councilman DiTraglia 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 January 2, 2008 for a public hearing and consideration of final passage).
1. The following is an ordinance amendment regarding Handicapped parking on Burgess Avenue.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC.”
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:
BURGESS AVENUE in front of house number 121
(Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Silva stated this is an elderly woman that’s having trouble entering from the rear of her house.
On a motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
XII. ADJOURNMENT
Council members wish everyone Happy Holidays.
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is voted to adjourn.
Mayor Ramos adjourns the meeting at 8:00 p.m.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: January 2, 2008