CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

November 5, 2013

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00PM Executive Session - Claims Room, 101

7:30 P.M. Open Session

 

I.                   EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

A.    New Claims

1.      Sacred Heart Church

2.      Jonathan Segal

3.      Amanda Thornton

                       

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:30PM.

 

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A.  Letters

1.  Coastal Resources Management Council Semi-Monthly Meeting, Tuesday, October 22, 2013, 6:00PM, Administration Building, Conference Room A, One Capitol Hill, Providence (02908)

 

2.  Notice of Rulemaking, State Planning Council, Statewide Planning Program, RI Department of Administration, two public hearings, Thursday, November 21 10:30AM, Conference Room C, and 5:00PM Conference Room A at the Division of Planning, William Powers Building, One Capitol Hill, Providence (02908).

 

B.   Alcoholic Beverage License Class F

1.St. Mary Academy, 3070 Pawtucket Avenue (02915), Kirsten Harvey, Fall Theater Production, A Very Bay View Christmas, November 15-17 2013.

 

C.   Alcoholic Beverage License Class F-1

1.  St. Francis Xavier Church, 81 N. Carpenter Street (02914), Calendar Dance, Saturday, November 16, 2013.

2.  St. Francis Xavier Church, 81 N. Carpenter Street (02914), St. Francis Xavier Band Christmas Party, Saturday, December 7, 2013. 

 

D.  Council Journals

1.  Regular Council Meeting October 15, 2013

            2.  Special Council Meeting October 23, 2013

            3.  Executive Session April 16, 2013

 

A motion to remove Item C, Number 2 from the Consent Calendar per the applicants request is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

V.                PUBLIC COMMENT

1.      Joe Larisa – Rose Larisa Memorial Park

2.      Chrissy Rossi – City Manager

3.      Bob Cusack – Rose Larisa Memorial Park

4.      Freddy Rybka – Why!

5.      Linda McEntee – Rose Larisa Memorial Park

6.      Jobelle Aguiar – Crescent Park

7.      Grant Dulgarian – Sealed Bids

8.      Karen and Jason Bodell – Crescent Park

9.      Tom Riley – A Lesson in Civics

10.  Tom Riley – Integrity & Character

 

Unanimous Consent is granted to move Item #3 under Resolutions up on the docket. 

 

3.  RESOLUTION PURSUANT TO SECTION 2-11 OF THE CHARTER OF THE CITY OF EAST PROVIDENCE TO REMOVE THE CITY MANAGER FROM OFFICE

 

WHEREAS, the City Manager was appointed by the City of East Providence on September 21, 2011 and more than one (1) year has lapsed since said appointment; and

WHEREAS, the engagement letter for the employment of the City Manager dated September 21, 2011 in Section (b) states that the City Manager may be removed without cause after a period of one year from the date of appointment which was a provision agreed to by the City Manager predicate to his appointment; and

WHEREAS, said engagement letter further states that by preliminary resolution the council may suspend the manager from duty which was a provision agreed to by the City Manager predicate  to his appointment; and

WHEREAS, Resolution Number 32 was adopted by the City Council on October 4, 2011 authorizing the City Council’s hiring of the City Manager; and

WHEREAS, Section II (b) of Resolution Number 32 states that the City Manager may be removed without cause after a period of one year from the date of appointment; and

WHEREAS, Section II (c) of Resolution Number 32 states that by preliminary resolution the council may suspend the manager from duty; and

WHEREAS, pursuant to Section 2-11 of the Charter of the City of East Providence, the engagement letter dated September 21, 2011 and Resolution Number 32 adopted October 4, 2011, the City Council hereby adopts this preliminary resolution to remove the City Manager from office without cause and is immediately suspended from office.

NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby removed from office without cause.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Manager is hereby immediately suspended from office.

This resolution shall become effective upon its passage.

Requested By:  Councilman Cunha

A motion to approve the resolution removing the City Manager is made by Councilman Cunha, seconded by Assistant Mayor Rose and under discussion Councilwoman Rossi asks the Council not to vote for this resolution and instead to list under Executive Session for the next Council meeting a method to address a list of priorities for the City Manager to take action on, on a roll call vote the motion to approve the resolution passes 4-1 with Councilwoman Rossi voting Nay.

 

The Solicitor states he would point out that the Council could appoint an Acting City Manager now or the Council could use their Corporate Authority to designate someone on the Council to handle the daily affairs of the City.

 

Mayor Briden states the Council can schedule a special meeting for Friday at 5:00PM and at that point choose an Acting City Manager. 

 

Councilwoman Rossi asks how the Mayor proposes the Council find a City Manager in 48 hours?

Mayor Briden states this would only be an Acting City Manager. After that the Council would recruit and hire someone on a permanent basis.

Mayor Briden states that any day to day decisions over the next few days he could serve as the Council’s point of contact.

Councilwoman Rossi expresses concerns on who will be at City Hall during the day tomorrow for day to day activities and issues adding that even when the City Manager goes on vacation he designates authority to someone in the building. Mayor Briden states according to the Solicitor the City Council has Corporate Authority.

 

A five minute recess is called.

 

Mayor Briden asks the solicitor if it would be an option to delegate authority to the Solicitor between now and the time when an Acting City Manager is chosen. 

 

Assistant Mayor Rose states it is not necessary for a 48 hour time period as there are no major issues which need to be taken care of.

 

Mayor Briden states as recommended it would be nice to have someone in the position to which the Council can delegate authority to and to make decisions and communicate with the Council.

 

Councilman Cunha agrees they need to have a point of contact to delegate authority to and that Solicitor Chapman could be that person for the time being.

 

Councilman Cunha makes a motion to delegate Solicitor Chapman as the Point of Contact for the Council, this is seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

Unanimous consent is granted to move Item #1 under Resolutions up on the docket. 

 

1.  RESOLUTION RENAMING ROSE LARISA MEMORIAL PARK TO CRESCENT PARK

WHEREAS, Crescent Park was established on or about 1886 as an amusement park on the shores of Narragansett Bay in Riverside; and

WHEREAS, the Crescent Park Looff Carousel was placed on the National Register of Historic Places; and

WHEREAS, when Crescent Park was auctioned off, a dedicated group of five local residents, Gail Durfee, Jobelle (Tracy) Aguiar, Richard Lund, Linda McEntee, Robin Peacock to include a dedicated volunteer Rose Larisa rescued the Crescent Park Looff Carousel from being sold; and

WHEREAS, the Crescent Park Looff Carousel has been fully restored and continues to operate each season with the assistance of the loyal Edward Serowik, Sr.; and

WHEREAS, the land and beach adjacent to the Crescent Park Looff Carousel (see Exhibit A attached hereto and incorporated herein) was named Rose Larisa Memorial Park by vote of the City Council in 2002; and

WHEREAS, residents of the City of East Providence have requested that the name, in honor of those five (5) local citizens and a dedicated volunteer who rescued this property and carousel, be returned to its original name, Crescent Park.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence hereby names this land as:

CRESCENT PARK

This resolution shall become effective upon its passage.

Requested By:  Assistant Mayor Rose

Assistant Mayor Rose states that he put this resolution on the docket to right a wrong.  It was meant with no disrespect to Rose Larisa but others were involved and many years ago when the resolution went through it was stated there would be some type of monument with all the names on it.  We should bring the name back to Crescent Park and follow through placing everyone's name on a monument including Rose Larisa.

Mayor Briden opened the discussion to the public.

 

Speaking Against the Resolution.

Tom Riley

Joe Larisa, 27 Morra Way – Mr. Larisa re-submitted for the record a memo from Gail Durfee in favor of the naming of the park , Rose Larisa Memorial Park and also submitted for the record a photo of Linda McEntee, Gail Durfee and Karen Bodell at the ceremonial naming of the park.

Bruce Rogers, 500 Warren Avenue

Bob Cusack, 150 Greenwood Avenue

 

Gene Saveory regarding clarification on the purchase of the land now Rose Larisa Memorial Park.

 

Speaking in Favor of the Resolution.

Sharlene Damiani, 887 Willett Avenue

Linda McEntee, 134 Terrace Avenue

Jason Bodell, 50 Terrace Avenue

Karen Bodell, 50 Terrace Avenue

 

Councilwoman Rossi states as the representative from Ward 4 she was not even asked before the resolution went on the docket and added when she just asked to put up a stop sign in Ward 3 and tried to get parking relief in Ward 2 she received harsh comments from Council.  She stated that what she is hearing tonight is disrespectful and that never in the history of the City has a name been taken away.  She stated that she knew Gayle Durfee and she doesn’t know that this is doing her memory any honor adding that Gayle loved Rose and seeing as how we have never done this before she feels like she is being asked to steal from the dead. If this was how people felt then it should have been done 10 years ago. Perhaps another solution can be reached such as proposing that on the official map the name on both sides of the road be called Crescent Park and leave Rose's name on the park itself.  They could even reinstall the old sign which say Crescent Park but to take away the name after 10 years doesn't sit well with her. She just can't support that because for 10 years she was honored and we are going to rip that away. Even if this might not be popular in Riverside she understands, she gets it but that was 10 years ago and why didn't we do it then?  This is not meant to disrespect the 5 who put their homes on the line but she promised Gayle she would take care of the Carousel and she will but this is just not kosher to her.  Adding she would be more than happy to work out something and if anyone has any ideas she is willing to listen but not to strip away the honor it just doesn't seem right.

 

Councilman Cunha stated he doesn’t believe in putting names on places like this because of just these types of situations. Many people are involved and they all deserve credit and it’s been a while and this is a tough decision.  We have people who should be acknowledged and for that it’s best for both parties to leave it as was before.

 

Councilwoman Capobiano states she is not comfortable with taking away the honor and removing the name.

 

A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion fails 2-3 with Councilwoman Capobianco, Councilwoman Rossi and Mayor Briden voting Nay.

Unanimous Consent is granted to move the two items under Communications to this location on the docket. 

G. Communications

1.  Sandy Barone, 12 Weeden Avenue (02916) requesting to address the Council regarding two proposals for referendum one regarding an elected mayor form of government and partisan elections. 

Mrs. Barone speaks letting the Council know that this referendum would allow the citizens of East Providence to make a choice in the 2014 election to do the following:

1.      To change our form of government from an appointed city manager-city council form to an elected mayor form of government. Adding that as few as 3 members of the Council are allowed to appoint the leader of our City of almost 50,000 people. This process actually gives the people very little say.  The City Manager only needs 3 Council votes to keep his job.  An elected mayor needs the majority of 50,000 people. East Providence goes through City Managers like popcorn. While holding a real election for a real mayor everyone gets to know the candidate and their qualifications not just 5 Council members. The state had to take over and this is a terrible thing. We need a real leader. I cannot promise a mayor who will fix everything but what we have had up to this point has not worked. By holding an election for a real mayor the people will decide who will lead us. She is asking the Council to vote to put this on the ballot and let the people decide the form of government they want for 2016.

2.      Partisan Elections would be the second question on the ballot.  Though she does represent the East Providence Democratic City Committee but she also speaks for herself. She believes very deeply in these two issues so that residents can know what candidates stand for. Republican and Democrats have national platforms and people deserve to know where candidates stand and what they stand for and declaring their party gives an understanding of what their platforms are.

 

Assistant Mayor Rose requests the Solicitor look into this to put these on the ballot and let the people decide.

Mayor Briden states that the item could be put on the docket for the next meeting as a topic so that people can come to speak on it. From there the Council can then vote on the item from a public debate standpoint.  It can even be listed early in the meeting so that members of the public could weigh in on the issue and the Council can make a more informed decision. The Solicitor states this could be listed under New Business and placed under one of the Council members names for the November 19^th meeting.

 

2.  Bruce Rogers, 500 Warren Avenue (02914) requesting to address the Council regarding Winterfest 2013. 

Mr. Rogers states the 3rd Annual Winterfest will be held Saturday December 7th from 12pm-8pm at the East Providence Senior Center located at 610 Waterman Avenue. There are still about 28 spaces left for 6 foot tables for rental at $10 a piece. People must provide their own tables and chairs.  For more information they can call the Recreation Department at 435-7511.  There will be children's activities, balloon creations, ornaments and face painting, children’s holiday sing along, Santa Claus will arrive by fire truck.  There are 170 trees for decorations, also there is a replica of the high school, city hall, a sleigh and the Crescent Park Carousel.  There are goodies for kids and photos with Santa. 140 trees have been paid for and the remaining trees are on a first come first serve basis. The cost is $25 for lights and sign. The ornaments/decorations are to be supplied by the tree sponsors.  Decoration time for the trees is December 5th and December 6^th from 9am and 4pm where the sponsor picks out a tree and puts the tree lights and decorations on.  The Swing Lane Orchestra will perform inside the Senior Center with food, beverages and baked goods from Mrs Claus’ Kitchen. Additional information can be found at www.facebook.com/eastprovidencewinterfest

Councilwoman Rossi thanked Mr. Rogers for his work on the event.

 

VI.             APPOINTMENTS

 

A. Juvenile Hearing Board Re-Appointment (by Assistant Mayor Rose) Michael Silva, 65 Cushman (02914)

A motion to approve the Appointment is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

                        B.  Juvenile Hearing Board Re-Appointment (by Assistant Mayor Rose)

                        Rosamaria Pereira, 40 Cumberland Road (02915)

 

A motion to approve the Appointment is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

                        C.  Carousel Park Commission (by Councilman Cunha)

Christopher Moore, 718 North Broadway (02914)

 

A motion to approve the Appointment is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

                        D.  Carousel Park Commission (by Councilman Cunha)

Laureen Perry, 266 Waterman Avenue

 

A motion to approve the Appointment is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

VII.          LICENSES REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

 

                        A.Class A Retail (Transfer) (Change of Location)

 

From Liquor Depot East Providence, Inc. DBA Wine and Spirits located at 1925 Pawtucket Avenue, Suite #5 (02914) to Broadway Wine & Spirits, Inc. DBA Liquor Plus, 1015 South Broadway (02914)

 

Testifying for the license holder is Attorney William Maia, 249 Warren Avenue (02914)

 

The applicant has had experience for 10 years.  Hours of operation will be 9:30am-9:00pm Monday – Saturday and Sundays 10:00am-6:00pm.

 

Assistant Mayor Rose asked about the transfer of ownership and location at the same time because licenses for liquor stores are limited by law and this store has been closed for a while.

 

Joseph Keough representing the transferor stated the license is valid and existing. The Council renewed this license at its October meeting. There are provisions under RI laws which would allow the Council to revoke the license under certain circumstances such as 90 days empty. They were just coming up on 90 days but had not yet reached it. He stated case law arguing even if the license was expired they are still allowed to be transferred if the proper steps are taken.

The Solicitor stated that the City Clerk requested a police officer be sent out on August 5^th  to confirm the they were not open for business.  The officer was sent but 90 days must go by after that. 

 

Councilwoman Rossi asked how this is possible if the business was out of business.

Attorney Keough responded the seller is selling the assets ie: equipment and has the ability to transfer and case law in RI has stated that a holder of a valid license can transfer whether or not they are ringing up sales and the license is still a valid license.

Solicitor Chapman stated under RI General Laws it is under the City Council’s discretion to permit the license to be transferred.

Councilwoman Rossi asked if they transferor ever had any issues with selling to underage.

Attorney Maia stated not that he was aware. Adding the statute also allows for a transfer and relocation.

 

A motion to approve the License is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

VIII.       NEW BUSINESS

A.  City Managers Report (by City Manager Peter Graczykowski)

            1.  Department Activity Report

This item was deferred.

            2.  Response to Audit Management Letter

This item was deferred.

            3.  Ratification of School Principal’s Contract

Director of Finance Moore speaks regarding the contract.  He stated the City Manager had reviewed the contract and agreed the 3 year contract was in line with the others. There is a fiscal impact statement attached.  It was approved by the School Committee, Superintendent and the Fiscal Advisor Mr. Luba.  

Mr. Luba stated this is within the 5 year plan set by the Budget Commission and that he recommends passage.  

 

A motion to approve the Contract is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

            4.  Storm NEMO – FEMA Reimbursements Update

This item was deferred.

 

B.  Reports of Other City Officials

            1.  Claims Committee Report (by City Solicitor Timothy Chapman)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                            TUESDAY, NOVEMBER 5, 2013; 7:00 P.M.; ROOM 101

====================================================================

                                                                 NEW CLAIMS

SACRED HEART CHURCH                                                                                                $90.00

RM No. 13-074, Claim No. 13-051

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $90.00.

 

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

JONATHAN SEGAL                                                                                                           $823.90

RM No. 13-071, Claim No. 13-047

Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                                    Seconded by:  Councilman Cunha

Motion:  Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

AMANDA THORNTON      $107.00

RM No. 13-069, Claim No. 13-048

Claim for reimbursement of expenses incurred when claimant’s vehicle was towed due to road resurfacing work.  See recommendation of the Chief of Police.

Motion by:  Councilman Cunha                                  Seconded by:  Councilwoman Capobianco

Motion:  Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√		√
Nay
Abstain				√
Absent

 

A motion to approve the Claims Committee Report is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

A motion to extend the Council Meeting an additional 15 minutes past the curfew is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

                        C.   Council Members

1.  Concerns for Elderly and Disabled during Upcoming Snow Season. (by Assistant Mayor Rose)

This item was deferred.

2.  Welcoming Businesses (by Councilwoman Capobianco)

This item was deferred.

3. Community Event Announcements (by Councilwoman Rossi)

Councilwoman Rossi stated that the information for Winterfest was provided under the Communication item by Bruce Rogers.

                        D.  Report of School Committee Liaison

School Committee Member Tony Ferreira thanked the City Council for still going forward with the joint meeting. He also discussed a fundraiser held last Friday at the CTC Center and where the students made the desserts and did an excellent job again. If anyone has a fundraiser they can contact the chef they do a wonderful job.

 

                        E.  Resolutions

 

2.  RESOLUTION RECOGNIZING THE ESTABLISHMENT OF BREW PUBS IN THE CITY OF EAST PROVIDENCE

WHEREAS, a brew pub is a restaurant or pub that brews beer on their premises; and

WHEREAS, brew pubs offer a unique blend of great food, good atmosphere and outstanding local in-house brewed beer; and

WHEREAS, some brew pubs throughout the world have been brewing traditionally on the premises for hundreds of years; and

WHEREAS, brew pubs in the United States have revived the brewery taverns of well-known early Americans such as Samuel Adams, William Penn, and Patrick Henry; and

WHEREAS, the number of brew pubs in the United States has grown to over 1,100 creating jobs and economic benefits to the areas that support them; and

WHEREAS, brew pub licenses are authorized and regulated by statute in Rhode Island and allow the business to manufacture beer on the premises for consumption on the premises.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence supports the establishment of the brew pub business to encourage economic growth in East Providence.

This resolution shall become effective upon its passage.

Requested By:  Assistant Mayor Rose

 

A motion is made to dispense with the reading of the ordinance by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

A motion to approve the Resolution is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

 

                        F.  Introduction of Ordinances

1.An ordinance relating to a onetime adjustment of an excessive sewer consumption charge. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

            SECTION I.  Section 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 by adding thereto the following:

            (g)  Upon written request of the property owner, an adjustment of an excessive sewer consumption charge may be approved by the Claims Committee with a review and recommendation by the Director of Public Works, if the request meets all of the following conditions:

            (1)  The excessive consumption must exceed the prior year same period consumption at the property by thirty-three (33) percent.

            (2)  Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.

            (3)  If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the Director of Public Works. The average usage for the property will be determined by meter readings.  This average will be compared to the period in question, to establish whether or not an adjustment is warranted. 

            (4)  If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

            Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two (2), plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

            (5)  The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid.  There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.

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:  Director of Public Works

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

A motion to approve the Ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

2.  An ordinance pertaining to proper care of sidewalks.

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. 14-43 entitled “Duty of owner or occupant to cut grass” 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:

Sec. 14-43.  Duty of owner or occupant to cut grass.

Whenever a paved or improved sidewalk area, or an unpaved sidewalk or any unpaved part thereof adjoining any building or lot of the land on any street, highway, square, or public place shall be overgrown with grass, weeds, or underbrush, it shall be the duty of the owner, occupant, or any person having the care of such building or lot to cut such grass, weeds, or underbrush to a height not exceeding six inches in order that it may be made safe and convenient for the use of the public.  The owner or any other person having the care of such building or lot shall cut such grass, weeds, or underbrush within five days after receiving notice that he is in violation of this section from the chief inspector.

(a)    Penalties.  Violations of this section shall be subject to a written warning for a first offense, a fine of $25 for a second offense, and a fine of $75 for a third and subsequent offenses.

(b)   Whenever the owner, occupant or any other person having the care of such building or lot fails to comply with the notice from the chief inspector within five days that he/she is in violation of this section and the chief inspector determines that such grass, weeds, or underbrush adversely effects the safety and convenience for use of the public, the inspector may order the removal of the grass, weeds or underbrush and assess the whole costs incurred for such removal by imposing a lien on the property as provided or authorized by law for the enforcement of common liens on property.  Such lien will be recorded to ensure payment of such costs.

 

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:  Director of Public Works

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

A motion to approve the Ordinance is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

Councilman Cunha requested unanimous consent to make an announcement letting residents know there will be a tree lighting at City Hall on December 13^th at 5:30PM and anyone interested in volunteering for the event can contact Steve Costa.  It is a free event which is open to the public, music and refreshments will be provided and Santa will arrive by fire truck.

 

IX.             ADJOURNMENT

 

A motion to adjourn at 10:05PM is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

Approved by Council November 19, 2013

 

Attest: 

            __________________

                    City Clerk