| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING SEPTEMBER 4, 2007 | |
The City Council meets in the Council Chambers on Tuesday, September 4, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:30 P.M.
The invocation is read by Councilman DiTraglia and the Salute to the Flag is led by Mr. 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
A. APPROVAL OF COUNCIL JOURNALS
August 16, 2007 - Special Meeting
B. ALCOHOLIC BEVERAGE-CLASS F-1 –September 15, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
C. ALCOHOLIC BEVERAGE-CLASS F-1 –October 6, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
D. ALCOHOLIC BEVERAGE-CLASS F-1 –October 13, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
E. ALCOHOLIC BEVERAGE-CLASS F-1 –October 20, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
F. ALCOHOLIC BEVERAGE-CLASS F-1 –October 27, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
G. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2004 | $617.42 |
| 2005 | $657.64 |
| 2006 | $2.329.02 |
| 2007 | $5,031.46 |
| Total | $8,635.54 |
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. LICENSES REQUIRING PUBLIC HEARING
1. Secondhand Antiques (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall)
Marie R. Young, d/b/a M & J Antiques, 99 Warren Avenue (02914)
Marie R. Young, 131 Warren Avenue (02914) was sworn in by City Solicitor.
Councilwoman Perry asks where 99 Warren Avenue is.
Ms. Young stated near the Korean Restaurant.
Councilman DiTraglia asks have you been in business before.
Ms. Young stated yes on Bullocks Point Avenue.
No one from the public wishes to be heard
On motion of Councilman Silva, seconded by Councilwomen Perry and on a roll-call vote, it is unanimously voted to approve.
III. LICENSES NOT REQUIRING PUBLIC HEARING
1. Holiday Sales (Subject to approvals from Chief of Police, Building Inspector, and Fire Marshall)
Marie R. Young, d/b/a M & J Antiques, 99 Warren Avenue (02914)
On motion of Councilman Silva, seconded by Councilwomen Perry, it is unanimously voted to approve.
2. Carnival-September 21, 22, & 23, 2007 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, State Div. of Taxation, Fire Marshall, and Electrical Inspector)
St. Martha’s Church, 2595 Pawtucket Avenue (02914)
On motion of Councilman DiTraglia, seconded by Councilwomen Perry, it is unanimously voted to approve.
Manny Aniceto, 78 Plymouth Road (02914) Carnival, September 21, 22 & 23 this is like an Oktoberfest, no alcohol no dancing, a much lower scale then our summer festival.
3. Wrecker/Tower (Subject to approval from Chief of Police)
Duane R. Souza, d/b/a Scorpio Towing, 101 Commercial Way (02914)
Duane R. Souza, 26 Derby Avenue, Johnston (02919) was sworn in by City Solicitor.
Councilwoman Perry asks have you operated a towing company elsewhere.
Mr. Souza stated yes I’ve been in business for 20 years, Johnston, Pawtucket, and East Providence.
Councilwoman Perry asks in East Providence.
Mr. Souza stated a body shop.
Councilman DiTraglia asks are you in good standing.
Mr. Souza stated yes.
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
IV. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given First Passage August 21, 2007. Advertised – Prov. Journal –August 24, 2007.)
1. The following is an ordinance amendment regarding 2 hour parking restriction at Algonquin Road (north side), from North Broadway to a point 90 feet west, between 8:00 a.m. and 6:00 p.m., except Sundays and Holidays.
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”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-312 entitled “Same—120 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
ALGONQUIN ROAD (north side) from North Broadway to a point 90 feet west between 8:00 a.m. and 6:00 p.m. except Sundays and Holidays
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to be heard.
On motion of Councilman Cusack, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
V. CONTINUED BUSINESS
VI. NEW BUSINESS
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley stated this is the continuation of the claims committee report from August 21, 2007. The council may recall I reported out the claims from the portion of the meeting held prior to the council meeting then claims committee reconvened and this is the report on those claims.
| Sonya Gendron Claim No. 07-033 | Deny the claim. |
| Stephen & Joseph Ptaszek Claim No. 07-032 | Deny the claim. |
| John & Virginia Woodruff Claim No. 07-034 | Refer the claim to the Law Department. |
| Louis Giraitis Claim No. 06-49 | Deny the claim. |
The meeting came to a conclusion at 10:20 p.m. That’s the entire report. There is no report this evening because there was no claims committee meeting.
On motion of Councilman Silva, seconded by Councilwomen Perry and on a roll-call vote, it is unanimously voted to approve.
Request for Easement – Dexter Road, Providence and Worcester Railroad (by Jeanne Boyle– Director of Planning)
Ms. Boyle stated this is for an easement by the Providence and Worcester Railroad for a location along and across Dexter Road. The request was referred to the Planning Board by City Council for review and recommendation. The purpose is to permit installation and maintenance of oil pipeline(s) running from Capital Terminals facility at 100 Dexter Road to a rail car loading facility on the P & W East Junction R.O.W. The request was referred to the Department of Public Works and the Fire Department. The P&W has assured the City that any portions of Dexter Road disturbed by pipeline construction will be completely restored per the requirements of the Director of Public Works. All Fire Safety and Building Code requirements will also be met in the construction of the pipeline and unloading facility. At their August 27, 2007 meeting, the Planning Board voted to recommend to the Council that approval of the easement be subject to the following conditions:
- Meet all requirements of the Director of Public Works per his memorandum of August 20, 2007;
- Meet all requirements of the Fire Department and the Building Inspector for construction of the pipeline and the unloading facility;
- Limit pipeline construction within easement area to no more than three pipelines with an 8” – 10” diameter;
- Relinquish any rights to construct other unloading facilities within the East Providence R.O.W.
It was voted unanimously.
Councilman Cusack asks if this fits in with the comprehensive plan.
Ms. Boyle stated I don’t think it’s inconsistent with the goals of the comprehensive plan.
Councilman DiTraglia asks how long the pipe line is.
Ms. Boyle stated my guess estimate would be 500 feet.
Councilman DiTraglia asks about the housing within 300 feet.
Ms. Boyle stated it’s dedicated for manufacturing, no housing.
Councilman DiTraglia asks if our Fire Department is equipped for this.
Ms. Boyle stated that’s my understanding and will be looking very carefully at this.
Councilman DiTraglia asks does P & W have their own apparatus.
Ms. Boyle stated I couldn’t answer that.
Marie Angelini, General Counsel, P & W stated no we do not have fire apparatus it would be the City of East Providence Fire Department that would be responding to calls.
Councilman DiTraglia stated so if anything happens we send you the bill.
Ms. Angelini stated that Capital Terminal has been in business in East Providence since 1996 and there has been a petroleum facility at Dexter Road since early 60’s never had a problem, I understand this is a little different.
Avery Noe, President, Capital Terminal Company was sworn in by City Solicitor.
Nr. Noe stated when we construct this loading facility it will be ¼ the size of the existing truck loading ramp. We will meet all the requirements set forth by the Fire Department.
Chief Joseph Klucznik, Fire Department.
Councilman DiTraglia asks if you’re happy with what they discussed.
Chief Klucznik stated yes we were happy with what we heard.
Councilman Cusack asks are you familiar with the Motiva Fire in Providence.
Chief Klucznik stated I am.
Councilman Cusack asks is there something different in kind or is it similar.
Chief Klucznik stated I can’t guarantee what Mother Nature is going to do. A combustible fuel vs. a flammable fuel, meaning a combustible fuel is more stable it takes at least 100 degrees or more to ignite. A flammable liquid like gasoline can ignite at 45 degrees below zero.
Councilman Cusack asks the capacity of 20 cars though fueling 2 at a time, do you think it’s a significant increase of danger vs. truck filling that they have now.
Chief Klucznik stated cars are in an isolated area vs. trucks that travel all over the City.
Councilwoman Perry stated she would make that motion subject to all the conditions recommended by the Planning Department is met.
On motion of Councilwomen Perry, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
Planning Department: Discussion of Property Acquisition – Riverside Square Project (by Jeanne Boyle– Director of Planning)
Ms. Boyle stated in May, 2007, the City Council authorized the Planning Department to explore acquisition of three properties located on Bullocks Point Avenue in the Riverside Square area for the purpose of redeveloping them into a mixed-use commercial/affordable housing project. We have made some progress and would like to discuss possible acquisition, so we would like to discuss the status with this Council and request this be done in Executive Session.
Councilman Cusack asks the City Solicitor as to the priority, so the public will know.
Mr. Conley stated yes the open meetings law does make provisions for the potential acquisition of property in closed sessions. Specifically the section of the statue is 42-46-5 a 5 and if you choose to go into close session you would have to make a motion pursuant to 42-46-5 a 5 to discuss the potential acquisition of realty property and that would need a roll call vote.
Mayor Ramos states he needs a motion pursuant to 42-46-5-a 5 to go into Executive Session after this meeting.
On motion of Councilwomen Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
C. COUNCIL BUSINESS
1. Regarding Communications for the Docket (by Mayor Ramos)
Mayor Ramos stated the reason I put this on the docket is so Council can be prepared if they want to speak on an issue rather than someone put on some title to make you guess and it’s a big game. I would like the Communications docket to be specific as to what you’re going to talk about.
Councilman Cusack asks are we amending our rules of the Council.
Mr. Conley stated give me a moment.
Councilman Cusack stated while he’s doing that if the Solicitor can comment if there is a Constitutional right of a citizen to petition the government just like we don’t limit the time of the speaker.
Mayor Ramos stated I’m not eliminating anyone as a speaker I want them to be more specific.
Mr. Conley stated in the Rules of Procedures, Rule Two. Order of Business, section 10 f Communications – Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing. A person who lists more than one topic on their communication will be allowed to speak on the first one listed. As to Constitution issue the Courts have said there’s a reasonable time, place and manor restriction or qualification the right to address. You don’t have to provide a free for all.
Mayor Ramos stated I’m not eliminating anyone from speaking.
Councilman Cusack asks if we are amending the rules. Is the motion encouraging the public to adhere to the rules of the Council?
Mayor Ramos stated no. I’m just asking for them to be more specific.
Councilman Cusack asks what action are we taking here tonight.
Mayor Ramos stated I’m just asking for them to be more specific on the topic their speaking on.
Councilman Cusack stated I agree, what we’re asking here tonight is more disclosure we want the public to be more specific.
Mayor Ramos stated yes be more specific.
Councilman Cusack asks what are we voting on, Mr. City Solicitor do you understand on what we’re voting on.
Mayor Ramos stated you just said to be more specific.
Councilman Cusask states I don’t know what I’m voting on.
Mayor Ramos stated you just said to be specific. We’re going to take a Roll call vote and you can vote against if you don’t agree.
On motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is voted to approve 4 – 0.
Councilman Cusack abstains.
2. Harbormaster Correction (by Councilman DiTraglia)
Councilman DiTraglia stated there was a misprint on the last meeting on Harbormasters raise it was a $3,000.00 raise not $6,000.00 I wanted to make the correction from $9,000.00 to $12,000.00.
Councilwomen Perry asks if we have to resend the other motion.
Mr. Conley stated if it was specific amount yes resend and then vote for the amount.
On motion by Councilman DiTraglia, second by Councilman Silva to resend the motion of the $6,000.00 raise to $15,000.00 and on a roll-call vote, it is voted to resend.
On motion by Councilman DiTraglia, seconded by Councilman Silva $3,000.00 raise to $12,000.00 and on a roll-call vote, it is voted to approve.
D. INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on September 18, 2007 for a public hearing and consideration of final passage).
1. The following is an ordinance pertaining to the stop sign for Putnam Street (eastbound and westbound traffic) at Second Street; Hamilton Avenue (eastbound and westbound traffic) at Second Street; and Hamilton Avenue (westbound) at Veterans Parkway.
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”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
PUTNAM STREET (eastbound and westbound traffic) at Second Street
HAMILTON AVENUE (eastbound and westbound traffic) at Second Street
HAMILTON AVENUE (westbound traffic) at Veterans Parkway
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.
2. The following is an ordinance pertaining to the stop sign for Rice Avenue (eastbound traffic) at Clyde 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”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
RICE AVENUE (eastbound traffic) at Clyde Avenue
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: City Council)
On motion of Councilwoman Perry, seconded by Councilman Cusack, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman DiTraglia, seconded by Councilwoman Perry, it is unanimously voted to approve.
3. The following is in ordinance regarding sewer connection fees.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Section 17-103 entitled “Application;fee” of Division 2. entitled “Building Sewers and Connections” 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:
(a) Application for a building sewer permit shall be made by a licensed plumber or drainlayer, his agent or representative. Application shall be made on an application form provided by the director of public works. Each application shall be supplemented with the plans and specifications for the sewer connection and such other information relating to the building and the wastes to be discharged, as may be considered pertinent by the director. A permit and inspection fee shall be paid to the city at the time the application is filed.
(b) The schedule of sewer connection fees based upon water meter size shall be established as follows:
| Meter size | Annual fee |
| | |
| 5/8” | $ 1,500.00 |
| 3/4” | 3,800.00 |
| 1” | 4,800.00 |
| 1 ½” | 7,600.00 |
| 2” | 10,133.00 |
For meter size larger than 1”, the connection fee shall be based upon the proposed water use established by a study performed and sealed by a Rhode Island registered professional engineer and approved by the Director of Public Works. Such fee shall be at the rate of $1,500 for each 500 gallons per day, or portion thereof, of proposed use but not less than $4,800.
For multi-family housing, or multi-family combined with commercial use, whether apartments or condominiums, or hotel type use, the fee shall be either the fee determined by the schedule above or the product of the number of housing units times $1,500 per unit, whichever shall be larger.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by: City Manager)
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, it is unanimously voted to dispense with the reading of the ordinance.
Councilwoman Perry asks the Manger to explain the ordinance.
Mr. Brown stated this is the first reading for sewer connection fees not for existing but for new construction. So this would not affect the residents.
Councilman Silva wants to know if these fees were comparable to other cities and towns near by.
Mr. Brown stated some a little higher; some lower and on a national search considerably lower.
Councilman Cusack stated we have a lot of projects like the Leonardo Farm plan would it be one hook up or separate dwellings.
Mr. Brown stated he couldn’t say until he saw the plans and how many lines. It would depend on the system there needs. It would be based upon the service to the facility.
Councilman DiTraglia asks what about an old established business that needs to put in all new.
Mr. Brown stated that sounds like a repair, if the building was vacant and then that would be a new connection if we have to go into the street.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, it is unanimously voted to approve.
E. COMMUNICATIONS
1. Charles Mello, Jr., 596 Willett Avenue (02915) was sworn in by City Solicitor.
How is this all going to be paid for? Two weeks ago on the front page of the East Providence Post entitled Wastewater Renovations the City’s top priority. No one ever made a priority cost involved the court order the city is under since 1973 intended into Barrington and has expired almost 10 years ago. All the time the city is waiting for Mr. Brown’s report. Perhaps vote on December 31, 2007 and no one will notice due to the holidays. Mayor Ramos stated whatever Mr. Brown recommends we should follow. Excuse me but the Council is the one to set policy. Where are we going to find $43 Million Dollars? Mr. Brown stated a large majority of the money will come from the rate payers. That’s us, how was this allowed to happen in the first place. Where did the money that we paid in the past go?
Mayor Ramos stated we’re not going to entertain any questions.
Mayor Ramos stated we need to recess to convene in Executive Session.
On motion by Councilman Silva, seconded by Councilwoman Perry to recess to go into Executive Session, it is unanimously voted to approve.
Mayor Ramos recesses at 8:35 p.m.
The regularly scheduled meeting of the City Council is reconvened at 9:07 p.m.
Mayor Ramos reports that a motion was made and a vote taken and passed unanimously in executive session but declared that disclosure of the specifics of the vote would be detrimental to the public interest at this time.
X. ADJOURNMENT
On motion of Councilman Silva, seconded by Councilman Cusack, it is voted to adjourn.
Mayor Ramos adjourns the meeting at 9:10 p.m.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: September 18, 2007