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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING June 5, 2012 Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914 7:30 P.M. Open Session |
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I. CALL TO ORDER
The meeting is called to order at 7:31PM. A moment of silence is called by Mayor Rogers in honor of East Providence City Employee Donald Belcastro who recently passed away.
Councilman DiGioia announces that Councilman Conley is not present this evening due to the graduation of his son.
II. SALUTE TO THE FLAG
III. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. RI DEM Notification to Abutters Environmental Site Investigation Riverside Square Site.
2. CRMC Semi-Monthly Meeting - Tuesday, May 22, 2012, Conference Room A, One Capitol Hill, Providence.
3. Resolution Town of East Greenwich Proclamation Brain Tumor Awareness Month.
B. Alcoholic Beverage Class F
1. Elizabeth M. Costa, 14 Larch Street (02914), The Charlie Viveros Memorial Fund, Holy Ghost Brightridge Club, 59 Brightridge Avenue (02914), Bike Run, June 24, 2012.
2. East Providence Heritage Days Festival, Pierce Field, 201 Mercer Street (02914), July 19-11, 2012.
C. Carnival
1. East Providence Heritage Days Festival, Pierce Field, 201 Mercer Street (02914), July 19-11, 2012.
D. Council Journals
1. Regular Council Meeting May 17, 2012
2. Special Council Meeting May 17, 2012
A motion to approve the Consent Calendar is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman Conley marked as absent.
IV. PROCLAMATIONS AND PRESENTATIONS
NDYA State Championship - Duckpin Bowling (by Mayor Rogers and Councilman DiGioia)
Coach Lynn Miller is recognized by Councilman DiGioia the team is traveling to Maryland for the National Tournament in June. Proclamations are presented to the team and photos are taken.
V. PUBLIC COMMENT
1. Candy Seel 1340 South Broadway regarding school administrative office move
2. Karen Donovan regarding CDBG will speak later on the docket
3. Corliss Blanchard 32 Roger Williams Avenue regarding Pond View Inspections
4. Dinis Paiva regarding licenses will speak later on the docket
5. Mr. DiCilio regarding licenses will speak later on the docket
6. Jose Rodriguez regarding licenses will speak later on the docket
7. James Auburn regarding licenses will speak later on the docket
8. Sound FX regarding licenses will speak later on the docket
9. Deborah Cardillo regarding licenses will speak later on the docket
10. Tom Riley 3620 Pawtucket Avenue regarding four years?
VI. APPOINTMENTS
A. Economic Development Commission (by Mayor Rogers)
Anthony Shepherd, 40 Rosemere (02914)
Mayor Rogers requested the appointment be tabled at Mr. Shepards request.
VII. LICENSES REQUIRING PUBLIC HEARING
A. B-Full Privilege Vict. (request to lift the stipulation of alcoholic beverage service after 10:00PM)
Dinis Paiva, 162 S. Spruce Street (02914), Paiva Restaurant Corp., DBA O'Dinis Restaurant & Tavern, 579 Warren Avenue (02914).
Solicitor Andreoni swears in Dinis Paiva. The stipulation and how it came to be placed on the restaurant from a previous establishment in 1996 is discussed.
Chief Tavares is called to podium and states he has no knowledge of complaints and with the information he has been given has no opposition. Mr. Paiva explains there are no other changes. There is a Portuguese night on Monday nights where Fado is performed. His establishment is small and only seats 70 people. He can't afford music on other nights. Currently the music starts 9pm and they close at 11:30 or midnight.
Testifying against the license:
Ray Cardillo of 559 Warren Avenue. States he is worried that people will drink more if they are open later. Monday nights is hard because people have to work. They may come out making loud noise and intoxicated. The amplifiers are loud and can be heard half way down Warren Avenue. The entertainment should stop at 11:30. There is a 3 family house with small children and he is also speaking for a neighbor who could not attend who has 3 children under 6 years old.
The Mayor stated that just having an anticipation of something happening when it hasn't is an issue. He asked Mr. Cardillo if they ever contacted the restaurant and he stated he had and that they lowered the music. The previous restaurant in 1996 had problems with noise, garbage and urination on the grass.
The Mayor states he would hate to put on a stipulation which was not for ODinis especially considering he is working with the neighbors and there have been no problems. If Mr. Paiva is working and responding he would like to grant the lifting of the stipulation and if it doesn't work have him back before the Council as he understands the neighbors are close to the building. The owner should control the crowd when they leave.
Mr. Cardillo stated there was a parking issue on Spruce Street and a fire truck or rescue wouldn't fit as the City allows them to park on an angle.
The Mayor stated it is very congested and there may be an issue which the City can look at.
Councilwoman Kleyla summarizes the minutes from 1996 and states the issue was with Rosegarden not Mr. Paiva.
Deborah Cardillo of 559 Warren Avenue
She stated right now this is a family restaurant open until 10pm and if you allow the increase it might start having different crowds, drawing younger kids and turning it into a nightclub. Adding that on music nights she has to watch TV in the bedroom. She is afraid due to what they experienced with previous establishments at this location.
Mr. Paiva states the parking lot issue doesn't exist at lunch and he has more people at lunch than in the evening. He has never had a fight outside or inside and police have never been called.
Freddie Rybka of 9 Cozzens asks if everyone serving at the establishment is TIPS certified? And the response is yes.
A gentleman living at 143 South Spruce Street speaks objecting to the license on Monday night. He states the band stops at 11:30pm but if they serve till 1am patrons will come out loud and intoxicated . He has 3 small children under 6 and the noise level is causing the children to wake up. It is disturbing the household. He works 2nd shift and when he comes home there are still customers there parking in front of his house. He gave the Council pictures showing how close the restaurant is to his house.
Mr. Paiva states the music is 99% acoustic band he doesn't have a bar he has a restaurant there are no bartenders just wait staff. The only day with music is Monday. He has been a businessman since 1980 with no problems.
Assistant Mayor Rose states that it doesn't sound like the neighbors are specifically against him.
Mayor Rogers states he feels the City can monitor the situation closely and if there is a problem he will ask them to come back. He asks for assurances that the owner will continue to work with the neighbors and also monitor the outside noise.
Tony Ferreira of 44 Brightridge Avenue asks why aren't the parking problems addressed by the owners of the establishment? On South Spruce Street they parallel park and sometimes a car can't fit in there. They park motorcycles in front of stairs and the owner should be asking these vehicles to leave. Does the City allow parallel parking?
Mr. Paiva states there is no parking to the corner, people park there and pay the tickets what can he do? This parking issue has nothing to do with him there is parking allowed there.
The Mayor states that perhaps there should be a tow zone instead of parking tickets and that later on that may be a consideration.
Councilman DiGioia states he is sympathetic to the neighbors but the characterization of the establishment not caring is unfair he's been in business since 1980.
A motion to approve lifting the stipulation on the liquor license is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman Conley marked absent.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A.Hawker
Keith M. Lambert DBA Keystone Novelties, 201 Seymour Street, Lancaster, PA 17603 Location: 40 Highland Avenue
Brian Shaub of 3 Doe Run Lane, Lancaster, PA testifies. He is the owner of Keystone Novelties.
Mr. Lambert works for the company.
There are two locations which are the same as last year. They are open from June 27-July5 and the hours are 9am-9pm. No one is sleeping at the locations. They are complying with all the ordinances and state laws. They have obtained all other necessary permits. The Chief of Police has signed off and the question regarding more than one tent and company at the Rite Aid location has been cleared up. It is only this company which has been given the permit.
The Mayor states we have an introduction to an ordinance tonight banning fireworks for sale under tents.
Mr. Shaub states that for the future that would be the proper way to go about banning the sale under tents. However, for this year, they have already hired staff and rented and purchased agreements. If you were to pass this prior to this season it would be detrimental for those reasons if we had an off season to plan and comply with the ordinance that would be fair.
The Mayor asks Solicitor Andreoni where they stand on fireworks?
Solicitor Andreoni states there are no state guidelines. At this juncture they have prepared an ordinance to prohibit firework sales under tents in the interest of public safety and welfare and defer the action at this time to next council meeting which is the June 19th meeting.
The Mayor asked if this was due to further research?
Solicitor Andreoni states yes and due to the ordinance.
The Mayor asks Mr. Shaub if they have paid for permits. And Mr. Shaub responds they have.
The Mayor asks the City Clerk if this can be refunded and the response is yes.
Mr. Shaub states this would create a hardship to pull the plug as they need to pay the employees and the rental agreements whether they work or not and this will cost them several thousand dollars. It is unfair to treat a business that way it's like closing down a Christmas Tree lot three days before Christmas.
The Mayor stated you might not have wanted to predetermine the Council would grant the license.
Mr. Shaub states they were here last year and had all the permits in the City and the State passed the law two years ago and to do this on June 19th is ridiculous.
The Mayor calls up the Fire Marshall, Oscar Elmasian and asks him if the Council grants the license does he have any objection.
The Fire Marshall states that if they carry on as last year he does not at this time, provided that they provide 24 hours notice before the tent goes on the premises and the Fire Department inspects the tent prior to opening as well as inspects the merchandise.
Assistant Mayor Rose states he was the one who put the ordinance together and he is against the tents but at this time since these companies are already invested in their time and effort and training and rentals it would be good to set up this ordinance for next year, and to start it on July 5th as long as these companies follow all Fire Department regulations it is fine with him.
Testifying in favor:
John DeWare from Sound FX at 166 Minolla Avenue in Warwick. He stated it would be a financial hardship for Sound FX in East Providence to lose this lease. The amount of traffic generated is amazing and it's a wonderful marriage. Keystone follows the letter of the law and we definitely would like to see this happen the cross promotions and foot traffic really help us.
Councilman DiGioia states that the rents and the tent workers etc... are all from East Providence it brings money in and generates business and he is in support.
A motion to approve the license is made by Councilman DiGioia, seconded by Assistant Mayor Rose and the vote is Councilwoman Kleyla Nay, Mayor Rogers Nay and Councilman Conley Absent. The motion fails.
B. Hawker
Keith M. Lambert DBA Keystone Novelties, 201 Seymour Street, Lancaster, PA 17603 Location: 655 Warren Avenue
Mr. Shaub states he has been doing this for 22 years with over 4000 tent sales and there has never been a single incident. In many places the Fire Department's opinion in almost all cases is that they would prefer firework sales out of a tent rather than a store because of the egress, you can be out in 3 steps.
Fire Marshall Elmasian was called to the podium and stated when the Chief made the previous statement he did say the code does allow for the sale of fireworks under a tent but as the Chief also stated a fire alarm system and sprinklers are not required under a tent. If they go to a big box store it is required and you have better housekeeping and better aisle widths.
Councilman DiGioia asked if he was concerned with the public safety issue.
The Fire Marshall stated the code allows for the sale. His personal opinion is that he would rather the sales take place in a building due to the contents, the night sleeping in the tents, these are usually young adults sleeping in a truck on the premises. We have to put more time in to make sure the code is complied with.
Councilman DiGioia asked if he thinks there could be a legal action in superior court? These sales are a boon to the economy and to the city.
Mr. Shaub states if this was March there would be no problem to find a storefront but its June 5th these are no longer available. We have had to line up 400 locations and he would ask that the Council reconsider the idea of passing the ordinance as of July 5th.
Councilwoman Kleyla said that she thinks is that it's a slippery slope with endless amounts of outside vendors coming in and we can focus our spending within the City and our businesses if you have a store sell fireworks. Every holiday celebration our local businesses can be thriving and everyone is lining up on the corner to purchase from a vendor.
Mr. Shaub states we have close to $10,000 in rent and $7,000 in wages providing summer jobs to 8-10 people, we hire local people everywhere we go.
Mayor Rogers asks if granted this evening would you feel like you could make money if you came back and rented a store front?
Mr. Shaub stated he could try however their specialty is tents and it would take a lot more to comply with building regulations etc... when they have tried this elsewhere sales have dropped 75%.
Mr. DeWare from Sound FX stated that he has been in retail since 1979 and the first thing we did was buy pallets of fireworks. Here they are paying for rent and we are making more than we could sell ourselves. You need a tent or a tractor trailer to create the excitement.
Councilman DiGioia asks to reconsider the vote on the license for both locations.
A motion is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote the motion passes 3-1 with Councilwoman Kleyla voting Nay and Councilman Conley Absent.
C. Hawker
Melissa M. Goduti, 40 S. Cherry Street #23, Wallingford, CT (06492), American Promotional Events, Inc. DBA TNT Fireworks Hogan Wall Association, 1 West Exchange Street, Providence (02903) Location: 801 Taunton Avenue
Timothy Chapman, Esq. of 670 Willett Avenue in Riverside is Ms. Goduti's attorney and he testifies.
Mr. Chapman states he is here today requesting to sell goods which happen to be fireworks. He would like to point out this is a unique product and it is a very seasonal time line. There are no stores which sell fireworks other than stores such as Shaws etc... these fireworks are made elsewhere they are not made in RI. The product is shipped here and it is an economic benefit to the City. King Richard Auto Sales and So Fresh So Clean both paid $76,000 in real estate taxes $4,000 in tangible taxes totaling $81,000 just in taxes not including sales taxes etc...
In State taxes they pay $55,000 which trickles down to East Providence. For 3 weeks of requested rental and approximately $500 for a license and fees, $4,000 to a tent company and they employ people as well as bring customers to these locations. There are many fire safety discussions with buildings vs tents to conform to NFP guidelines and codes. If there are safety issues with our tents we are unaware of them as a resident of East Providence I drove up and down Warren and Pawtucket Avenues and went to or viewed various storefronts there were none that would be possible locations. Mr. Chapman describes the various reasons at the various sites. The requirements to bring a building to code can be very difficult especially in a 3 week time period especially when they may be able to get a long term tenant. We are using legal ground fireworks if you do pass the ordinance banning the sale in tents wait until after July 6th as we do sell on July 5th.
A motion to approve is made by Councilman DiGioia and seconded by Assistant Mayor Rose and on a roll call vote the motion passes with Councilwoman Kleyla voting Nay and Councilman Conley Absent.
D. Hawker
Melissa M. Goduti, 40 S. Cherry Street #23, Wallingford, CT (06492), American Promotional Events, Inc. DBA TNT Fireworks Hogan Wall Association, 1 West Exchange Street, Providence (02903) Location: 30 Highland Avenue
A motion to approve is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote the motion passes with Councilwoman Kleyla voting Nay and Councilman Conley Absent.
Following the vote the Fire Marshall stated that he put all companies on notice that they will be doing inspections and checking to confirm no one would be sleeping at the sites.
E. Hawker
Melissa M. Goduti, 40 S. Cherry Street #23, Wallingford, CT (06492), American Promotional Events, Inc. DBA TNT Fireworks Hogan Wall Association, 1 West Exchange Street, Providence (02903) Location: 1235 Wampanoag Trail
A motion to approve is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote the motion passes with Councilwoman Kleyla voting Nay and Councilman Conley Absent.
F. Hawker
Jose Rodriguez, 1305 Monte Carlo Avenue #214, San Juan, PR 00924, BJ Alan Co. DBA Phantom Fireworks, 555 Marin Luther King, Jr. Blvd, Youngstown, OH 44502 Location: 354 Taunton Avenue
James Aubin of 35 Pleasant Street in Cumberland was also present and testified. They were here last year at a different location this year it is the bowling alley.
A motion to approve is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote the motion passes with Councilwoman Kleyla voting Nay and Councilman Conley Absent.
Under discussion the Mayor let all the license holders know that this could all change next year both with hawker licenses in general as well as tent sales for fireworks.
G. Hawker
Steven Yuppa, 52 Burgess Avenue (02914) DBA S & S Novelty
Mr. Yuppa stated that Councilman DiGioia had withdrew his denial of this license at a previous meeting. Mr. Yuppa stated most businesses are closed at the 5 holidays a year where he is open. He is disabled and this is extra money. His family has lived here for many years and he is a law abiding citizen and is not here to take over and put people out of business. Most days he is sold out by 2pm.
Solicitor Andreoni researched whether or not this item is allowed to come up again once defeated.
The Mayor questioned if it couldn’t then is there a limit?
Solicitor Andreoni stated that it needs to be brought up at the next meeting. This is two meetings following.
Councilman DiGioia stated it hasn't been reconsidered yet.
The Mayor allowed the item to go forward.
Assistant Mayor Rose stated this is a different situation than the fireworks. So many stores are open during that time and they complain about it. They pay inventory taxes, electricity etc…it’s not fair.
Mr. Yuppa stated most don't open on those 3 days and he’s a small potato applying for one year, after this year if the Council is thinking of doing away with it then so be it.
Mayor Rogers stated is there a motion to suspend the rules to allow a vote? No motion was called and the Mayor stated that he would have to go along with Mr. Andreoni as the Solicitor has stated he is a parliamentarian this evening.
H. Vict/Not Over 50
Michael DeCilio, 44 Reynolds Avenue, Rehoboth, MA 02769, Underground Heros, Inc. DBA Subway, 80A Newport Avenue (02916)
Mr. DeCilio testifies this is a relocation from the plaza next door in Pawtucket to East Providence. The hours of operation are 7am-10pm. They are considering staying open slightly later due to the bowling alley being right next door. On Sundays 9am-8pm. They were in Pawtucket almost 9 years and have two other locations Providence and North Smithfield. He has been in the industry 25-30 years.
A motion to approve is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman Conley Absent.
IX. PUBLIC HEARING
A. 2012-2013 CDBG Funding
A motion to defer to the next meeting in order to have all five Council members present is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilman Conley Absent.
X. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”
SECTION I. Section 3-1 entitled “Definitions” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:
Abandonment means the relinquishment of all right, title, claim, or relinquishment of possession of an animal with the intention of not reclaiming it or resuming its ownership or possession.
SECTION II. Subsection (b)(2) of Section 3-5 entitled “Keeping rabbits, hares or pigeons” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:
(2) The animal control officer is empowered, if he finds such nuisance to exist, to serve verbal or written notice upon the owner or custodian that such nuisance must be abated.
(a) Should the nuisance continue unabated beyond a reasonable amount of time, set forth by the animal control officer, the owner of said animal may be punished by payment of the fines as set forth by Section 3-10(b) and/or be required to remove the animals from the City.
(i) Each additional animal shall constitute a separate offense.
(ii) Each additional day that the nuisance continues unabated shall constitute a separate offense.
SECTION III. Subsection (a) of Section 3-16 entitled “Penalty” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:
(a) Except as otherwise provided in this chapter any person convicted of violating any provision of this chapter may be punished by payment of the following fine schedules:
a. First offense …………………………………………… $ 30.00
b. Second offense within a year …………………………..$ 60.00
c. Third offence within a year…………………………… $120.00
d. Fourth offence within a year …………………………. $300.00
(1) Allowing dog to run at large or harboring a dog which is a nuisance:
a. First offense ……………………………………………..$ 30.00
b. Second offense within a year ……………………………$ 60.00
c. Third offence within a year ……………………………...$120.00
d. Fourth offence within a year …………………………….$300.00
(2) Harboring an unlicensed dog:
a. First offense ……………………………………………..$50.00
b. Second offense ………………………………$200.00 & microchip of dog
c. Third offense ………………………………...$500.00 & microchip of dog
(3) Allowing a dog on school property ……………………………...$25.00
SECTION IV. Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:
Sec. 3-24.1. Abandonment of animals.
If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure, in addition to any other lawful penalties, he or she shall pay a fine of two hundred dollars ($200).
SECTION V. Section 3-25 entitled “Penalties for violations” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:
(a) Any animal control officer may issue the person(s) in violation of sections 3-24; 3-25; 3-27; 3-41 a fine of one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) and seizure of animal for a second violation, and four hundred ($400.00) and the seizure of the animal for a third violation. Second and subsequent violations of §3-24 or §3-41 may be considered violation of RIGL 4-1-2. In addition, for second and subsequent offenses, in the event a person is found guilty of a violation of this Chapter, they may not be permitted to own, keep or harbor or have custody of any animal for a minimum of one (1) year.
(b) In the event that any animal is in conditions or in an environment that, by the discretion of the Animal Control Officer, may be harmful to the health and well being of the animal, and for the first offense, the owner is not immediately available to correct the problem; the animal may be seized and impounded for safekeeping.
SECTION VI. Section 3-26 entitled “Disposition of animals” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:
Any animal seized in the enforcement of any law or court order that does not already have set rules for the disposition of that animal, sections 3-24, 3-25, or section 3-41 shall be impounded, and if the identity of owner is known by animal control, the animal control officer shall make every possible, reasonable effort to notify the owners of such animals so impounded and to inform the those owners of the conditions whereby they may regain custody of their animal. Animal(s) seized will then be held for a period of 10 days, at the owners expense, unless (i) a release is signed by owner or guardian relinquishing ownership of the animal to the City, (ii) the animal is euthanized for humane reasons or (iii), the owner remedies the problem for which the animal was seized, and the animal control officer sees it fit to return the animal to the owner upon payment of fees. Upon conclusion of the 10 day hold period, if the owner has not come forward, the animal may be humanely destroyed, have its title transferred to the RI S.P.C.A., or be placed in a suitable home or with a rescue group. The owner / guardian shall be accountable for all fines, fees, and costs to the City for the minimum care of the animal.
SECTION VII. The title of Section 3-29 entitled “Animal confinement in motor vehicles prohibited” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:
Sec. 3-29. Animal confinement in motor vehicles prohibited-Transporting animals.
SECTION VIII. Section 3-29 entitled “Animal confinement in motor vehicles prohibited” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:
(f) It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open air motor vehicle unless the animal or animals being transported:
(1) Is kept in an enclosed area of the motor vehicle;
(2) The animal or animals are under the physical control of a person other than the operator of the motor vehicle; or
(3) The animal or animals are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.
(4) Any person violating the provisions of this subsection shall be punished by a fine of not more than fifty dollars ($50.00) for a first offense, nor more than two hundred dollars ($200) for each subsequent offense. (R.I.G.L. §31-22-28)
SECTION IX. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Animal Control Officer
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and it is unanimous with Councilman Conley Absent.
IX. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
The City Manager requests unanimous consent to add an item for informational purposes and there is no objection.
The S& P Rating report confirms removal of the City from credit watch and changes the outlook to positive. A copy from S & P Report is provided for the record.
1. Departmental Activity Report
A copy is submitted for the record.
2. Personal Tax Exemptions
Councilwoman Kleyla asked if the City was linked in with the new single stream recycling situation and the City Manager responded yes and that recyclables could co-mingle in the bins provided.
Steve Coutu, Director of Public Works gave a brief summary of the changes.
The City Manager reported the City issued a press release regarding the annual tax bills. During the printing the new vendor sent 4000 incorrectly. While the amount due was correct it did not show all of the detail if the household had more than one exemption. The vendor is reissuing those so that the detail information is present.
Steve Hazard, City Tax Assessor came to the podium to explain the exemptions. As well as to explain which ones continue automatically and which have to be applied for each year. He went through the available exemptions for blindness, elderly, widow of veteran, veteran, hardship, handicap vehicle, homestead, 100% disability and motor vehicle car exemption.
Water and Sewer Rate Information
Steve Coutu, Director of Public Works was called to the podium to explain how the water and sewer rates are set which is by ordinance. They are set to cover the cost for each operation and run by enterprise funds and cover all costs associated with current operations. Rates for water are less than sewer because the budgets are different because the waste water system is more complex. There is a treatment plant and 115 miles of sewer pipes and the City must also pay Narragansett Bay Commission for a 1/3 which flows in Rumford. The City purchases water directly from Providence Water Supply from the Scituate Reservoir. There is one pumping station and two storage tanks in Kent Heights. A deduct meter can be purchased by homeowners to deduct that portion which does not flow into the sewers, ie; watering lawns or filling pools, from the bill but once they do that they will then get billed 100% of the sewer. An ice company would be a good example where this would benefit them. The City Council and the Budget Commission are the only ones who can pass an ordinance to set the rates.
Director Coutu explained that if you are watering your lawn and metering both as water and sewer due to one meter that has nothing to do with the price for sewer discharge. There is a formula which was developed long before he was the Director which factors everything in.
3. TLA/Pond View Site Inspection
The City Manager reported that at the May 15th meeting the Council requested to hear about the status of inspections. This is a rather complex litigation with DEM and Pond View and the City. This property is currently overseen by a receiver. The Council received the Zoning Inspection status on May 24th. The site was inspected after confirming with the Law Department that it wouldn’t violate a court order and inspections will continue. DEM is also conducting independent inspections.
The Mayor asked if there are issues which preclude the Zoning Officer from doing his job due to DEM taking precedence?
Solicitor Andreoni stated that when dealing with DEM they are superior to Zoning and City Ordinances.
The Mayor stated that the pictures which the Council saw at the last meeting were deplorable.
Solicitor Andreoni stated the City would work it out with DEM as to what we would do, Assistant Solicitor DiCenso has better knowledge on this litigation which at one time 16 lawyers were involved with. It is a very litigious situation we are trying to resolve.
The City Manager stated that no such action by the Zoning Officer is being held up and the Law Department has not deterred the Zoning Officer.
4. Status of Geonova Development
A brief background was provided on the property and where the City currently is which is in litigation.
6. Proposed Ballot Questions and Explanations
The City Manager stated he is looking for Council input.
The Mayor asked will the public have any input on the explanation or do you recommend they go to council for that?
The City Manager stated we had the input at the last meeting it’s now up to them to vote but if they have concerns they should address them with council members.
B. Reports of Other City Officials
1. Claims Committee Report (by Solicitor Orlando Andreoni)
Claims report from May 15, 2012.
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Kleyla to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rogers – Aye, Councilman Conley - Aye, Councilman DiGioia – Aye, Councilwoman Kleyla – Aye, Councilman Rose – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MAY 15, 2012; ROOM 101; 7:00 P.M.
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NEW CLAIMS
ALLSTATE FIRE & CASUALTY INS. CO. $6,491.70
(INS: SCOTT NALLEN)
RM No. 12-010, Claim No. 12-010
Claim for property damage sustained when a City vehicle backed into insured’s parked vehicle. Recommend referral to insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MARGARET MCALARNEY Unspecified
RM No. 12-020 Claim No. 12-014
Claim for personal injuries sustained as a result of a slip and fall on the sidewalk located on Taunton Avenue in front of Sovereign Bank. Recommend referral to insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JOANNE O’BRIEN $3,337.24
RM No. 12-015 Claim No. 12-011
Claim for property damage sustained when a City vehicle backed into the claimant’s vehicle. Recommend referral to the insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
OCEAN STATE TOWING & RECOVERY, INC. Unspecified
RM No. 11-102 Claim No. 12-013
Claim alleging that claimant was removed from the City’s tow list without proper notice or justification.
Motion by: Councilwoman Kleyla Seconded by: Councilman Conley
Motion: Deny the claim.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | |
| Nay | | | | | |
| Abstain | | | | | √ |
| Absent | | | | | |
VERONICA REIS $245.00
RM No. 12-013 Claim No. 12-008
Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.
Motion by: Councilman DiGioia Seconded by: Councilman Conley
Motion: Approve the claim in the amount of $245.00.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
KATHLEEN RODRIGUES $1,358.20
RM No. 12-014 Claim No. 12-009
Claim for property damage sustained to claimant’s vehicle as a result of striking a pothole on Freeborn Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilman DiGioia
Motion: Deny the claim.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion to approve is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilman Conley Absent and Assistant Mayor Rose Recusing.
2. Handicap Parking Sign for 87 James Street (by Director of Public Works, Steve Coutu)
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and it is unanimous with Councilman Conley Absent.
3. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
At the EPHS tomorrow night there is a preview for incoming freshman and parents from 6-7:30.
EPHS awards night is in the auditorium on Monday June 11th at 6:30pm. There are 379 Seniors and they are in the middle of finals this week. Graduation is Friday June 15th at Pierce Field if sunny or the Field House if it rains.
The Commissioner of Education Deborah Gist had the annual State of Education address and honored EPHS as 12 schools leading the way.
Whitenect had a theme this year “Who We Are” and learned about all the different kinds of arts and media to express themselves. The School was one of 3 across the country to receive the Mary Lou Anderson art grant from the National PTA and partnered with RISD. The 5th graders got to take a master music class with Bobby McFaren and he gave out tickets to his concert. The EP Post write up was great and the PTS made passports with food from around the world. The CTC pitched in as well as many businesses. Parents took tours around the school to learn about the different countries and what their children did performing ethnic songs and holding an art show around the cafeteria. Soon they are planning to have an art tiled wall.
Project 106 is going well and Ms. Rossi added she is very impressed by the way the entire community is coming together to save middle school sports. East Bay Automotive is going to do a car show and there will also be a free ad in the EP Reporter.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
The Mayor reported the Budget Commission is meeting every other week and soon this will be once a month. A Budget Commission is going into Woonsocket and whether we blamed past Councils, present or collectively there seems to be a problem around the State addressing these issues. The Budget Commission brought in expertise to the City but we should be able to petition the State for assistance without having to have them come. It should be advisory only to request the help and ask the legislature to introduce legislation.
American Flag Day and Day of Portugal is June 14th at 11:30am there will be food, anthems and raising flags, State and local dignitaries and a Portuguese art and cultural exhibit in the lobby.
AARP has reported another year of successful tax preparation assistance in East Providence, reaching those intended, 120 families at City Hall who earn under $20,000 dollars annually.
2. Accountability (by Assistant Mayor Rose)
Assistant Mayor Rose stated that some departments are not finishing work in a reasonable amount of time or not following procedures. At one point time clocks were considered and we need consistency throughout departments. He stated that he spoke with the City Manager over the past few days and he is looking to help the workforce and help satisfy taxpayers as well.
The City Manager stated he completely agrees with Assistant Mayor Rose that there needs to be a time labor management system and it will be one of the first items the new HR Director will tackle
Labor Day Parade (by Assistant Mayor Rose)
Assistant Mayor Rose stated they are going to have the parade this year and it will be at no cost to tax payers. Jim Miller is helping out chairing and if anyone doesn’t know it already Jim works hard on many events including the largest police escorted bike run in RI. They have contacted a few businesses regarding making floats or sponsoring. If anyone is interested they should contact him. It is scheduled for Monday September 3rd.
D. Resolutions
1. A RESOLUTION REQUESTING CONGRESSIONAL ASSISTANCE IN OBTAINING FEMA GRANT MONEY FOR WARREN AVENUE CULVERT PROJECT
WHEREAS, the State Street neighborhood has been plagued by chronic flooding with three major floods occurring in the last seven years affecting over 30 residences; and
WHEREAS, the City Engineering Division has determined that increasing the size of the Warren Avenue Culvert would alleviate the severity of flooding in the neighborhood and could eliminate some minor floods altogether; and
WHEREAS, the Federal Emergency Management Agency (FEMA) and the Rhode Island Emergency Management Agency (RIEMA), through its Hazard Mitigation Grant - Disaster Relief (HMGP-DR) program, offered a funding opportunity in 2011 to assist with local flood mitigation projects; and
WHEREAS, the City of East Providence applied for $1,906,000 for improvements to the Warren Avenue Culvert, which would aid in mitigating the severity of flooding in the State Street neighborhood; and
WHEREAS, the City’s required share of the cost, totaling $477,500, which was successfully applied for through the 2011 CDBG-Disaster Relief program, will cease to become available to the City after September 30, 2012;
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby requests the assistance of the office of Representative David N. Cicilline to work with FEMA with regard to their consideration of the City’s HMGP-DR grant application.
This resolution shall become effective upon its passage.
Requested By: Mayor Rogers
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman Conley Absent.
E. Introduction of Ordinances
1. 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. Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 by adding thereto the following:
Sec. 8-40. Fireworks.
A. No person who has a license as a stationary or itinerant solicitor pursuant to Article VII and Article VIII of this chapter shall sell, carry or store fireworks outdoors or inside a temporary structure in the City of East Providence. Those certain fireworks and devices that are exempt from the definitions of display fireworks and aerial consumer fireworks and are permitted to be sold and stored in the State of Rhode Island pursuant to Chapter 11-13 of the General Laws of Rhode Island may be sold or stored by a person who has a license as a stationary or itinerant solicitor pursuant to Article VII and VIII of this chapter, but only inside a permanent structure approved by the Zoning Official and the Fire Marshal and in a manner approved by the Zoning Official and the Fire Marshal.
B. No person who has a permit for door-to-door solicitation pursuant to Article VII of this chapter shall sell fireworks in the City of East Providence.
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: Assistant Mayor Rose
Councilman DiGioa asks if this could be challenged in Superior Court and Solicitor Andreoni stated that it was possible. Mayor Rogers stated this is in place in Pawtucket and they have not been challenged.
A motion to approve with the ordinance taking effect on July 6, 2012 is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-1 with Councilman DiGioia voting Nay and Councilman Conley Absent.
F. Communications
1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding School Department moving to City Hall (copies of permits and any other documentation needed for said move).
Mr. Ferreira stated he is putting a list together for all items he is requesting and will go over them with the City Manager and any information he responds back will be read at the podium. If needed he will have a legal document drawn up but he will get to the truth.
2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding updates.
Mr. Rybka stated the grass is 4 ½ feet high on Wheeler Avenue.
The Mayor told him that either Tony Bevelaqua or Steve Coutu or the City Manager could assist with this.
Mr. Rybka stated the sidewalks on the overpass near the sewer treatment plant on Bullocks Point Avenue from Willett on are in desperate need of repair.
Director Coutu stated he would send a request to the State if they can't do it then the City will.
Mr. Rybka stated the storm drain behind Town Pizza is still broke.
Director Coutu stated this belongs to the State and he will send in a second request for repair.
A discussion ensued regarding the renting of City buildings redone with CDBG funds.
Mr. Rybka reported that the dock at Sabins Point got taken care of and he had hired a trailer to follow Mayor Rogers around the City and thanks him for all the work he does.
3. Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding the law of unintended consequences.
Mr. Riley stated the City Council and the Philipsdale crowd created a problem at Pond View. It has gone from a thriving enterprise to a company teetering on the verge of bankruptcy. It is unfortunate Mr. Conley is not here because he and the EP Delegation took a company which did their best to be considered a good neighbor and now the neighbors have found out the difference in a variance makes. There was money to fix things up before and now you have a receiver and DEM and rather than cleaning it up in a few days DEM says in 90 days, you don't see DEM jumping to fix it because there is no money available.
He added that last year he took a dozen trips unannounced to Pond View and always found it in an orderly manner. We couldn’t win in court so we changed the rules. In the end, at 150 tons a day the company couldn’t survive. You now have a business run by a receiver at minimum DEM standards and he suggests the Council to reverse this position.
X. ADJOURNMENT
A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman Conley Absent.
Approved By Council: June 19, 2012
Attest: ______________
City Clerk