| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING MARCH 20, 2007 | |
The City Council meets in the Council Chambers on Tuesday, March 20, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:30 P.M.
The invocation is read by Mayor Ramos and the Salute to the Flag is led by Richard Brown.
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
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
A. APPROVAL OF COUNCIL JOURNALS
March 6, 2007 – Regular Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2004 | $20.03 |
| 2005 | $441.90 |
| 2006 | $10,292.25 |
| Total | $10,754.18 |
| Board of Assessment Review 2006 Tax Roll | |
| Real Estate | $2,006.90 |
| Tangible | $6,386.26 |
| | |
| TOTAL | $8.393.16 |
II. PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS
No one was present for Proclamation to D’Angelo Grilled Sandwiches.
III. APPOINTMENTS
1. Cancer Control Task Force (by Mayor Ramos)
Doreen Carter (Chairperson), 124 Bluff St. (02915)
(Reappointment)
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
2. Cancer Control Task Force (by Councilman DiTraglia)
Mary Ann DeSousa, 236 Burnside Ave. (02915)
(Reappointment)
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, it is unanimously voted to approve.
3. Cancer Control Task Force (by Councilman Silva)
Jennifer Medeiros, 26 Carlton Avenue (02914)
(Reappointment)
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
4. Cancer Control Task Force (by Councilman Silva)
Wendy Michalski, 88 Fenmoor St. (02914)
(Reappointment)
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
5. Cancer Control Task Force (by Mayor Ramos)
Phillip Tirrell, 168 Becker Ave. (02915)
(Reappointment)
On motion of Councilman Cusack, seconded by Councilwoman Perry, it is unanimously voted to approve.
6. Cancer Control Task Force (by Councilman Silva)
Mark Dauphinee, 46 Bliss Street (02914)
(Reappointment)
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
7. Assistant Harbormaster (by Councilman DiTraglia)
Michael J. Damiani, 887 Willett Avenue (02915)
Councilwoman Perry stated she received the Docket on Friday and her Docket says Harbor Management Commission. Why the change?
Mayor Ramos stated the Harbor Management Commission was done in error. I was with the City Clerk when she found the Assistant Harbormaster section under Miscellaneous and changed it on Friday afternoon.
Councilwoman Perry asked when the Docket with the change to Assistant Harbormaster was posted.
Virginia Nunes stated it was not posted.
Councilwomen Perry stated this needs to be posted 48 hours in advance so this needs to be deferred to the next meeting.
IV. LICENSES NOT REQUIRING PUBLIC HEARING
1. Holiday Sales Transfer (Subject to approvals from the Chief of Police, Building Inspector, and Fire Marshall)
From: Salim, Ghazi d/b/a Ghazi’s Exxon
To: RRK Enterprises, LLC, d/b/a Sunoco Food Mart, 1345 Wampanoag Trail (02915)
Roula Karam, 406 Pearce Street, Fall River, MA (02720) was sworn in by City Solicitor.
Councilwoman Perry asked if he was going to operate the same hours.
Mr. Karam stated yes.
Councilwoman Perry asked if he had done this before.
Mr. Karam stated yes.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, and Fire Marshall.
2. Vic/Not Over 25 Transfer (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)
From: Salim, Ghazi d/b/a Ghazi’s Exxon
To: RRK Enterprises, LLC, d/b/a Sunoco Food Mart, 1345 Wampanoag Trail (02915)
Councilman Cusack asks the City Solicitor what Vict/Not over 25 Transfer is.
Mr. Conley stated it’s a license to sell portable food to fewer than 25 people. Usually don’t have seating.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
3. Peddler-Seafood (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)
Couto, Ricardo M. d/b/a Couto’s Seafood 41 Pearl Street, North Providence (02904)
No one is here to be heard.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and it is unanimously voted to defer.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
V. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given First Passage March 6, 2007. Advertised – Prov. Journal –March 9, 2007.)
1. The following is an ordinance regarding sewer use rate.
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 $3.05 4.00 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.
SECTION II. This ordinance shall take effect November 1, 2006 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by Director of Finance)
Chester Mott, 1 Grant Avenue, Riverside (02915) was sworn in by City Solicitor.
Mr. Mott stated every time there’s a new Council the taxes and sewer bills go up.
Mayor Ramos stated this Resolution was under the last Council. They didn’t put it in the budget because it was a week before election. This Council spent hours at that sewer plant and we’re not taking this lightly. Today we have to make a decision about putting the money in that sewer plant. We’re talking to DEM and the Federal Government in terms of what we can do to get some money to save that plant without selling it across the bay.
Mr. Mott stated he knows that sewer plant and we need some more tanks and covers. Mr. Grant said I’ve got the money for your covers.
Mayor Ramos stated that money is still available. That’s part of the process to repair the plant a 50/50 split.
Mr. Mott stated the smell comes in the windows.
Mayor Ramos said it was going to be $50 or $60 more a household. If we sell the plant or give it away, we’ll have no control.
Councilman Cusack you eluted to $60.00 that is a 33% increase. $1.6 Million increase $800,000 in a fund depreciation account, $200,000 is NBC increase in our rate and $600,000 is smaller items. We get 3,500 exemption, we get clean water and pay less than a $1.00 day. Water and Sewer costs are going to rise because environmental Federal and the State Rules want cleaner and cleaner discharge into the Bay. This is nothing compared to what Camp, Dresser and McKee have $55 Million to redo the plant. I reluctantly support this.
On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote it passes 4-1.
Councilman Cusack, Councilman DiTraglia, Councilwoman Perry, and Mayor Ramos voted to approve. Councilman Silva voted Nay.
2) The following is a Zoning Ordinance regarding Electronic Reader Board Signs.
(Advertised Providence Journal March 9, 14, & 19, 2007)
SECTION I. Article VII entitled “Signs” of Chapter 19 entitled “Zoning” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Sec. 19-438. Purpose and intent.
The purpose and intent of this article is to regulate signs in order to provide for the orderly and harmonious display of signs within the City; ensure that signs are an effective means of communication which adequately identify uses, activities and enterprises for the convenience of the public; avoid the erection of signs which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment; provide for the safety of the traveling public by limiting distractions, hazards, and obstructions; minimize visual clutter and encourage a positive visual environment; improve and maintain the visual quality of commercial areas, which promotes the economic interests of the City; and promote the mental and physical health, safety, and welfare of the public.
Sec. 19-439. General provisions.
(a) Obsolete or defunct signs. Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises must be physically removed, not just covered over, within thirty (30) days of the business or organization closing or moving.
(b) Any sign authorized by this article may contain a non-commercial message constituting a form of expression in lieu of other copy.
(c) Severability. This ordinance and its various parts are hereby declared to be severable. If any section, clause, provision or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of either this ordinance as a whole or any parts not declared invalid or unconstitutional.
(d) Conflict. If any part of this ordinance is found to be in conflict with any other ordinance of the City, the most restrictive or highest standard shall prevail.
Sec. 19-440. Prohibited signs.
All signs that are not specifically permitted in this article, including but not limited to the following types of signs, are prohibited:
(a) Captive balloon and inflatable signs. This includes signs, or portions thereof, that hold their shape by receiving a one-time or continuous supply of air or gas.
(b) Electronic signs. This type of sign includes, but is not limited to, electronic message boards; television screens; plasma screens; digital screens; flat screens; light emitting diode screens; video boards; other types of electric and electronic display boards and screens; and holographic displays. This is not intended to prohibit the use of light bulbs, neon tubes, or other such light sources only for the purpose of internal or external illumination.
(c) Projected signs. This includes signs that are formed by projecting the sign copy, image, text, and/or message into the sky or onto a surface, including but not limited to the ground or the side of a building. This includes signs are created using projectors, light beams, lasers, holograms or holographic displays, or other such technologies.
(d) Animated signs. This includes signs, or portions thereof, that blink, flash, or emit a varying intensity of color or light.
(e) Moving, revolving or rotating sign. This includes signs, or portions thereof, having visible moving, revolving, or rotating parts, or visible movement of any kind, or giving the illusion of movement. Such movement can be achieved by wind, electrical, electronic, or any other means. This is not intended to prohibit the manual changing of channel letters or numbers when the changing is part of an approved sign or movable hands on analog clocks.
(f) Any sign that constitutes a hazard to public safety, health or that impedes vision or access to or from public streets, sidewalks or other places of ingress or egress. This includes signs which, because of size, location, or manner of illumination, obstruct the vision of a driver or detract from the effectiveness of traffic control devices. With the exception of traffic, regulatory, or informational signs, signs shall not use the words “stop”, “caution”, or “danger”, and shall not incorporate red, amber, green, or blue lights resembling traffic signals or emergency vehicles, and/or shall not resemble “stop” or “yield” signs in shape or color.
(g) Signs affixed to utility poles. Except for official notices posted by a public agency or officer, no signs shall be affixed to utility poles.
(h) Roof signs.
SECTION II. This ordinance shall take effect upon passage. (Requested by Councilman Cusack)
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, it is unanimously voted to dispense with the reading of the ordinance.
Jim Abrams, 61 Catlin Avenue (02916) was sworn in by City Solicitor.
Mr. Abrams asked if this was first reading.
Mr. Conley explained that zoning ordinances have only one passage. It is a special procedure of first and final passage at one time. Even it the Council wanted to amend it they could do it on the floor at the time of the hearing unlike other ordinances.
Mr. Abrams asked about Sec. 19-439 (a) if it means just the sign or the structure it stands on.
Mr. Conley stated it means the sign and the structure in the ground.
Mr. Abrams stated that he thought 30 days was excessive. He asked if signs that exist now would be grandfathered.
Mr. Conley stated signs that exist prior to the Ordinance have acquired legal non-conforming status. Non-conforming means they can exist but can’t change in any way.
Mr. Abrams asked about prohibited signs in the future. For example the flashing sign at Red Realty.
Mr. Conley stated that flashing signs that exist prior to the Ordinance have acquired legal non-conforming status, but will be prohibited in the future if this Ordinance passes.
Mr. Abrams asked about motion signs like billboard signs that rotate on the highway, would they be prohibited if the Ordinance passes?
Mr. Conley stated those signs are subject to City Regulations and would be prohibited.
Mr. Abrams stated he understood those might be State.
Mayor Ramos asked Mr. Conley about the letter from the Rhode Island Affiliate, American Civil Liberties Union.
Mr. Conley asked if he may address for the record the ACLU letter dated March 16, 2007 that the Council received. The Council has as Ordinance directed simply for Electronic Reader Board Signs and much of the letter isn’t directed toward that. The letter had concerns about First Amendment discretion. The first point is the definition of political signs, second point is in regard to citizen’s rights to place political signs on their lawns based on the First Amendment. The third point in regard to specific signs we have at election time. All being out of step with the First Amendment, frankly I agree. The new sign Ordinance in its totality when presented to the Council will meet every single one of the First Amendment text outlined in that portion of the letter. It’s only at the conclusion of that letter that they express their concerns about the Electronic Reader Board Signs Ordinance that bans the captive and inflatable signs. It would appear to make it illegal for new parents to tie to their mailbox a balloon telling passersby that “It’s a boy!” We would hope that a zoning officer would not confuse a temporary house decoration with a sign. The second point is objection to a portion of the Ordinance where we have a safety provision, where we don’t want the word Stop paraded along with similar looking traffic devices. Commercial establishments put up signs that look like traffic signals and stop signs as a way of getting peoples attention to stop at their establishments. That’s a safety issue. This Ordinance would prevent those kinds of signs. The ACLU letter expressed a concern that for instance, if that were applied to a political sign, “Stop War in Iraq” that this provision could be used to rid that sign and that’s not correct. That’s not what the Ordinance says and it’s not how it would be applied. I feel confident saying that this evening but certainly in a few weeks or months when we’re back with the total regulatory Ordinance the political sign definition will address that and protect that free speech activity.
Mr. Abrams stated he’s against the portion on obsolete or defunct signs. I oppose that. The economic hardship on the small businessman and a small business coming to our City, it would give them additional cost. What enforcement language do we have if this Ordinance passes for removal of an obsolete or a defunct sign?
The enforcement on a violation is the zoning office sends out a notice of violation. The property owner has 30 days to comply with the notice of violation. Within that time, the owner takes steps to remediate the violation. They are entitled to another 30 days to complete that remediation. Our practice has been during those 60 days if good faith, meaningful efforts occur that show attempts to comply, and if for whatever reason the compliance hasn’t been filled, we still don’t begin enforcement proceedings in Municipal Court. But if in that 60 day period there is no attempt at compliance, then we institute enforcement proceedings in Municipal Court. Thirty days for compliance, 30 for notice, additional 30 days before we begin enforcement proceeding for a total of 90 days.
Mr. Abrams asked if there were penalties thereafter.
Mr. Conley stated yes. If we prove the violation in Municipal Court, they become guilty of the violation of code. The court can fine up to the maximum of $500.00 for the fine.
Mr. Abrams stated for the record I oppose that.
Councilman Cusack stated this is an important change in our Sign Ordinance. These Electronic Reader Board Signs are a hazard to public safety. We want to increase the quality of life. We want to prevent people from diminishing the quality of life. Particularly of having a business, put up a large sign, going out of business and leaving it there for years, decades and beyond, which has happened in this community. We are surrounded by them. We are in charge of our community and what it looks like.
On motion of Councilman Cusack, seconded by Councilman Silva, it is unanimously voted to approve.
VI. CONTINUED BUSINESS
VII. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Memorandum of Understanding (City of East Providence/Gilbane Development Company)
On motion of Councilwoman Perry, seconded by Councilman Silva, and it is unanimously voted to defer to the next meeting.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley presents Claims and Litigation Report from March 20, 2007.
| Everett Mathews Claim No. 07-06 | Refer to the R. I. Depart. of Transportation |
| Robert & Leslie Gagnon Claim No. 05-97 | Refer to the insurance carrier |
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
VIII. COMMUNICATIONS
1. Keith Gonsalves, 2 Ramsay Street (02915) Requesting to address the
Council regarding Menhaden Management area H5713, S0311, & H5165.
No one was present.
On motion of Councilwoman Perry, seconded by Councilman Silva, and it is unanimously voted to defer to next meeting.
2. Received a letter from Steven Brown, Executive Director of the Rhode Island Affiliate, American Civil Liberties Union.
IX. ADJOURNMENT
On motion of Councilwoman Perry, seconded by Councilman DiTraglia it is voted to adjourn.
Mayor Ramos adjourns the meeting at 8:25 p.m.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: April 3, 2007