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Date Posted: February 26, 2016
CITY OF EAST PROVIDENCE
RHODE ISLAND
DOCKET OF REGULAR COUNCIL MEETING
March 1, 2016
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:30 P.M. Open Session
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. CRMC Agenda for Semi Monthly Meeting, Tuesday, February 23, 2016, 6PM, Administration Building, Conference A, One Capitol Hill, Providence.
2. Town of Barrington Public Hearing Proposed Zoning Ordinance Amendment regarding Former Zion Bible Institute, 33 Middle Highway (abutting East Providence), March 7, 2016 7PM, Barrington Town Hall.
B. Alcoholic Beverage Class F
1. Sacred Heart Church, 8th Annual Sacred Heart Soup Dinner, March 19, 2016, 118 Taunton Avenue (02914), Father Peter DiTullio
C. Council Journals
1. Regular Meeting February 16, 2016
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. . Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.
A. Pomham Rocks Lighthouse (by Councilman Conley)
B. The March Townie in Action Citation – Mike Solitro (by Councilwoman Capobianco)
C. Welcome to the City Citation for NBX Bikes – (by Councilwoman Capobianco)
A. Conservation Commission (by Councilman Conley)
Cheryl Vieira, 17 Burton Avenue (02915)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
B. Carousel Commission (by Councilman Britto)
Dennis Thibeault, 87 Wilmarth Avenue (02914)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
C. Beautification Commission (by Councilwoman Capobianco)
Linda Tavares, 135 Apulia Street (02914)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
D. East Providence Waterfront Commission – Reappointment (by Assistant Mayor Cunha)
William Fazioli, 229 Quarry Street (02914)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
A. Vict/Over 50
CRMG East Providence, Inc. DBA IHOP #3557, 75 Highland Avenue, Unit C (02914), William Cardinal, 21 Cul De Sac Way, Portsmouth (02871)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING"
SECTION I. Section 19-481 entitled “Schedule of Use Regulations” (Kettle Point Sub-district) of Article VIII entitled "Development Plan Review" is amended as follows:
Sec. 19–481. Schedule of Use Regulations (Waterfront)
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USE |
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| Kettle Pt. Sub-district | ||
| RETAIL BUSINESS |
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| Café |
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| P | ||
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Cigar Shop |
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P | ||
| Microbrewery/ Distillery |
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C | ||
| HEALTH SERVICES |
| ||||
| Medical Offices |
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|
| ||
| RECREATION AND CULTURE |
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|
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| Design Studio
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| C | ||
| Film Studio
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| C | ||
| Photography Studio |
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| C | ||
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Rose
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
A. An ordinance amendment for a One Way Sign Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Section 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
A. City Manager’s Report (by City Manager, Richard Kirby)
1. Stipend – Canvassing Authority
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
2. Bid Award – Street Sweeper
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
3. Selection of Lighting Contractor for the Onna Moniz-John Neighborhood Park/Central Avenue Playground
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
4. ADP Payroll Software
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
B. Council Members
1. Financing of School Building Improvements (by Assistant Mayor Cunha)
2. Summit Street Traffic Study (by Assistant Mayor Cunha)
3. K-Rob Foundation Wine Tasting Event (by Councilwoman Capobianco)
4. Carousel Upcoming Events (by Councilwoman Capobianco)
5. EP Relay for Life Event (by Councilwoman Capobianco)
6. Council Rules (by Councilman Conley)
C. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
2. Handicap Parking (by Director of Public Works, Steve Coutu)
Candy DePina, 129 N. Hull Street (02914)
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
D. Report of School Committee Liaison
E. Introduction of Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”
SECTION I. Subsection (a) of Sec. 5-33 entitled “Notice of violation generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
(a) Whenever the chief of the department or his designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, shall describe the nonresidential structure or dwelling place of four or more units, including three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors, where the violations are alleged to exist or to have been committed and a reasonable time to correct it and shall be served upon the owner, operator or occupant as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure or dwelling place of four or more units described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.
SECTION II. Sec. 5-34 entitled “When second notice of violation to become a compliance order; service of compliance order” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
(a) At the end of ten thirty days, the chief of the department or his designate shall reinspect the nonresidential structure or dwelling place of four or more units described in the notice. This section shall also include three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors. If upon reinspection the violations alleged are determined by the chief of the department not to have been corrected, he shall issue a second notice of violation on which shall constitute an order requiring that the then existing failures to meet the requirements of any provision of this article or of any rule or regulation adopted pursuant thereto, shall be corrected within ten days after the date of the reinspection, if the person served with the second notice does not petition for a hearing on the matter in the manner hereinafter provided. The second notice of violation shall inform the person to whom it is directed of his rights to apply for a hearing before the chief of the department and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation. The chief of the department shall cause a copy of the second notice to be posted in a conspicuous place in or about the nonresidential structure or dwelling place of four or more units where the violations are alleged to exist, and shall serve it in the manner provided in this section. The chief of the department or his designate, after the expiration of time granted the person served with the second notice to seek a hearing in the manner hereinafter provided by this chapter or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the office of the recorder of deeds. The notice shall state that a cumulative civil penalty as provided by state law has been imposed. Except as otherwise provided in this section, no notice and lien recorded under this chapter shall be released until the violation has been abated and the penalty imposed, as provided for in this section has been paid.
(b) Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this chapter shall be subject to prosecution in the East Providence Municipal Court and/or the Rhode Island Fire Safety Code Board of Appeal and Review.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
2. An ordinance amending Peddlers Licenses.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
SECTION I. Sec. 8-27 entitled “Business licenses and permits generally” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended as follows:
Sec. 8-27. Business licenses and permits generally.
Licenses and permit fees for the following types of businesses are hereby fixed as follows:
(1) Automobile junkyards, per location, annually…..$100.00
(2) Closing-out sales, as defined by G.L. 1956, § 6-14-3, per sale…..100.00
(3) Employment agency operators, annually…..75.00
(4) Hawkers and peddlers:
| a. | 1. Annually…..125.00 |
|
| 2. 90 day………75.00 |
|
| 3. 60 day………50.00 |
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| 4. Daily………..25.00 |
| b. | Watches, jewelry, gold and silver…….50.00 |
| c. | General merchandise…………………25.00 |
(5) Peddlers:
a. Per vehicle………100.00
b. Per driver…………25.00
(5 6) Itinerant vendors, as defined by this chapter…..350.00
(6 7) Secondhand dealers:
a. Automobiles, per location, annually…..100.00
b. Antique shop operators, per location, annually…..75.00
c. Other stores and shops, per location, annually…..25.00
(7 8) Tattoo parlors…..200.00
(8 9) Automobile body repair shop…..100.00
SECTION II. Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
Sec. 8-142. Application; issuance; expiration.
(a) All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.
(b) The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
Motion___By___2nd___
Britto___Capobianco___Conley___Cunha___Rose___
*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s Office at 435-7590.