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Date Posted:  February 15, 2018

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

February 20, 2018

6:45 P.M.

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

6:45 P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

 

I.                   EXECUTIVE SESSION

 

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(1)(2).

 

A.    Claims

1.      Michelle Botelho

2.      CEI Group, Inc. (Ins: Kyle Baker)

3.      Joseph Estrella

4.      Bryan Machado

5.      Ana Moura

6.      Lisa Ruolo

 

B.     Sewer Charge Abatements

1.   Jan French

2.   Claudia Medeiros

3.   Yvonne Peal

4.   AnnMarie Ranieri

 

C.    Litigation

1.   Oscar Elmasian vs. R.I. Interlocal Risk Management Trust, Inc., C.A. No. PC-2017-0866

 

Motion___By___2nd___

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II.                OPEN SESSION

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG

 

V.                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.      CRMC February 2018 Calendar.

2.      CRMC Semi Monthly Meeting, Notice, Tuesday, February 13, 2018, 6:00PM, Administration Building, Conference Room A, One Capitol Hill, Providence (02908)

3.      Notice of new property number, 0 Hospital Road, Map 711, Block 03, Parcel 015.40, Zoning Residential 1.

4.      Notice of new property number, 0 Hospital Road, Map 711, Block 03, Parcel 015.50, Zoning Residential 1.

 

B.     Cancellation/Abatements

Year

Amount

2016

$757.21

2017

  $76.39

 

 

Total

$833.60

 

C.    Tax Board of Review Abatements

Year

Amount

2017

$23,984.44

 

 

Total

$23,984.44

 

D.    Council Journals

 

1.      Council Journal Regular Meeting February 6, 2018

 

Motion___By___2nd___

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VI.             COMMUNICATIONS

 

A.    Chrissy Rossi, 87 Shore Road (02915) requesting to address the Council regarding terms and elections. 

 

B.     Jason Desrosiers, 80 Village Green North (02915) requesting to address the Council regarding Council Rules of Procedure. 

 

VII.          PUBLIC COMMENT

 

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 by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.  Each speaker will be limited to three (3) minutes.  The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.

 

VIII.       APPOINTMENTS

 

A.    Canvassing Authority Re-Appointment (by Mayor Briden)

Elizabeth Peg, 74 Sweet Briar Avenue (02915)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Traffic Control (by Councilman Botelho)

Mary Ellen Jessop, 217 Martin Street (02914)

 

Motion___By___2nd___

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IX.             COUNCIL MEMBERS

 

A.    Update Social Media Policy, City Facebook and City Website Policy (by Assistant Mayor Britto)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Ward One Neighborhood Watch Informational Meeting, Wednesday, February 28th 6:30PM, Conference Room A, City Hall (by Mayor Britto)

 

C.     National Grid/MISA – LED Lighting (by Councilman Faria)

 

D.    Title Search Fees (by Councilman Faria)

 

E.     Appointment to Vacant Boards/Commission Seats (by Councilwoman Sousa)

 

X.                PUBLIC HEARING

 

Zoning Map Amendment: Map 811, Block 1, Parcel 3 (0 Wampanoag Trail) from Open Space/Commercial-1 to Residential -2

Petition for Zoning Map Amendment: from Open Space and Office/Services to Low Density Residential

Petitioners:  US Development II, LLC

Attorney:  Moses Alfonso Ryan, Ltd

Advertised East Providence Post – 2/1/18, 2/8/18, 2/15/18

Notices served on Abutters – 2/2/18

 

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 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:

 

Parcel 3 on Assessor’s Map 811, Block 1 presently located in the O-1, Open Space and C-1, Commercial/Office Business Districts is hereby changed to be included in a Residential – 2, One Family District.

 

The Zoning Map of the City of East Providence shall be amended accordingly.

 

SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  U.S. Development II, LLC

 

Motion___By___2nd___

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B.     AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE 2010-2015 COMPREHENSIVE PLAN UPDATE

 

SECTION I.  Map 4 of the City of East Providence 2010-2015 Comprehensive Update entitled “Southern East Providence Generalized Land Use”, is hereby amended to identify the property designated as Assessor’s Map 811, Block 1, Parcel 3 as Low-Density Residential.

The Southern East Providence Generalized Land Use Map (Map 4) of the City of East Providence 2010-2015 Comprehensive Plan shall be amended accordingly.

SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  U.S. Development II, LLC

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XI.             PUBLIC HEARING - ORDINANCES FINAL PASSAGE

 

A.    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.  Sec. 5-1 entitled “Fire code adopted” of Article I entitled “In General” 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:

 

The city hereby adopts the Rhode Island Fire Safety Code (RIFSC) as provided for in R.I.G.L. § 23-28.1-2 Chapters 28.1 – 28.39 which includes NFPA 1, Fire Code.

 

SECTION II.  Sec. 5-2 entitled “Amendments” of Article I entitled “In General” 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:

 

The BOCA Basic National Fire Prevention Code Rhode Island Fire Safety Code, as adopted by section 5-1, is hereby amended, deleted from and added to as follows:

(1)    Section F-101.6. is added to read as follows:

Section F-101.6. Life and/or fire safety matters not set forth in this code. Under emergency situations, or under unanticipated contingencies or unforeseen circumstances where life and/or fire safety may be involved and in lieu of no specific provisions by this code, state statute or city ordinance to govern a particular situation, it shall be deemed the right of the chief of the fire department and/or in his absence or inability, the officer in charge of the fire prevention bureau to rule on same pending the adoption of specific statutes, or ordinances or rules or regulations.

(2)    Section F-105.1 is amended to read as follows:

Section F-105.1. Enforcement officer. It shall be the duty and responsibility of the chief of the fire department or the officer in charge of the fire prevention bureau, to enforce the provisions of the fire prevention code as set forth in this chapter. The designated enforcement officer of this code shall be titled fire marshal and is herein referred to as the fire official.

(3)    Section F-110.1 is added as follows:

Section F-110.1. General.

11. If watch or attack dogs are used for the protection of unattended property, it shall be the responsibility of the owner and/or tenant of the property to notify the fire department of this practice and the premises shall be posted at all entrances with legible signs stating the presence of such dogs.

12. Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.

(4)    Section F-403.0 entitled "Open burning," is amended to read as follows:

Section F-403.1. Outdoor fires. No person shall kindle or maintain any fire or authorize any such fire to be kindled or maintained with the following exceptions:

1.     Cooking of food on barbecues, fireplaces or grills.

2.     Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.

3.     Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.

4.     Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.

(5)    Section F-312.2 is amended to read as follows:

Section F-312.2. Prohibited areas. Smoking shall be prohibited where conditions are such as to make smoking a hazard including areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly, public buildings and in spaces where combustible materials are stored or handled. The fire official shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.

(6)    Section 18 entitled "Street obstructions" of appendix A of the BOCA Basic National Fire Prevention Code, 1993 Edition is hereby amended to read as follows:

Section 18. Street obstructions. A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the municipality without approval of the fire official The word street as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.

(7)    Section F-3201.0 entitled "General" is amended to read as follows:

Section F-3201.0 Aboveground tank storage.

F-3201.1 General: Aboveground storage tanks for the storage of combustible or flammable liquid shall be prohibited except as specifically provided for in this code.

F-3201.2 Existing tanks: Existing aboveground tank installations previously approved by the fire official may be continued, provided the installation does not constitute a hazard. The fire official shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require unsafe tanks to be removed from service.

F-3201.3 Fuel oil for heating purposes: Fuel oil tanks for supplying oil burning heating equipment may be located above ground, inside or outside of the building, provided the capacity of such tanks does not exceed 660 gallons (2.50m3) for each building served and the location is approved by the fire official. Tanks located inside buildings shall be installed in accordance with NFiPA 31 listed in chapter 44 entitled "Reference Standards."

(8)    Section F-3203.5 entitled "Dispensing" is amended by adding the following:

Section F-3203.5.5 Bulk plants dispensing Class 1 flammable liquids shall have an automatic foam fire protection system on all loading racks that dispense these liquids. This system shall be approved by the fire official and will require an annual test of the system, witnessed and approved by the fire official.

(9)    Section 3210.0 entitled "Tank vehicles" is amended by adding thereto the following:

F-3210.2.3 All city terminal facilities dispensing Class 1 flammable liquids shall not bottom load any tank vehicle unless it is equipped with a brake interlock system which renders the vehicle immobile when connected to the loading rack. Vehicles not equipped with air brakes shall have an ignition cut out system which renders them immobile when connected to a loading rack.

(10)  Section F-404.0 entitled "Torches for removing paint" is hereby repealed.

(11)  Section F-404.0 is added as follows:

Section F-404.0. Open flames for removing paint.

F-404.1. The use of any device providing an open flame, for removing paint from any combustible structure is prohibited.

F-404.2. Any person using a torch or other flame-producing device for removing paint from a noncombustible structure shall provide one approved fire extinguisher or a water hose connected to the water supply on the premises where the burning is being done. In all cases, the person doing the burning shall remain on the premises one hour after each use of the torch or flame-producing device.

F-404.3. Prior to use of a torch or flame-producing device to remove paint from a noncombustible structure, a permit shall be secured from the fire official.

 

(NFPA 1) 10.11 Open Flame, Candles, Open Fires, and Incinerators.

 

(NFPA 1) 10.11.1 Permits. (Amd)

Permits, where required, shall comply with Section 1.12 of NFPA 1 (2012 edition).

 

(NFPA 1) 10.11.1.1 (Amd)

Permits shall not be required for cooking and recreational fires.  All other types of fire require a permit (see 10.11.4.2.1 (Add))

 

(NFPA 1) 10.11.1.2

Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent.

 

(NFPA 1) 10.11.1.3

When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions.

 

(NFPA 1) 10.11.1.4

Instructions or stipulations of permit shall be followed.

 

 

(NFPA 1) 10.11.2

The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.

 

(NFPA 1) 10.11.3 Outdoor Fires.

 

(NFPA 1) 10.11.3.1

Outdoor fires shall not be built, ignited, or maintained in or upon hazardous fire areas, except by permit from the AHJ.

 

(NFPA 1) 10.11.3.2

Permanent barbecues, portable barbecues, outdoor fireplaces, or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.

 

(NFPA 1) 10.11.4 Open Fires.

 

(NFPA 1) 10.11.4.1

Permitted open fires shall be located not less than 50 feet (15m) from any structure.

 

(NFPA 1) 10.11.4.2 (Amd)

Burning hours shall be daylight until 11:00 PM.

(NFPA 1) 10.11.4.2.1 (Add)

No person shall kindle or maintain (without permit) any fire or authorize any such fire to be kindled or maintained with the following exceptions:

 

  1. Cooking of food on barbecues or charcoal grills.  Cooking on these devices shall be in preparation of a meal.
  2. Propane/natural gas fire places/pits officially designed and listed as an outdoor fire place/pit shall be permitted.  Fire places/pits shall be operated according to manufactures instructions in a safe manner. 

A.    Fire places/pits shall not be left unattended.

B.     Adult supervision is required at all times.

C.     Propane tanks shall be listed, in good condition and have a current certification.

  1. Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.
  2. Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.
  3. Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.

 

(NFPA 1) 10.11.4.3

Recreational fires shall not be located within 25 feet (7.6m) of a structure or combustible material unless contained in an approved manner.

 

(NFPA 1) 10.11.4.4

Conditions that could cause a fire to spread to within 25 feet (7.6m) of a structure shall be eliminated prior to ignition.

 

(NFPA 1) 10.11.5 Fire Attendant.

 

(NFPA 1) 10.11.5.1

Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished.

 

(NFPA 1) 10.11.5.2

This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.

(NFPA 1) 10.11.6 Cooking Equipment.

 

(NFPA 1) 10.11.6.1

For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet (3m) of any structure.

 

(NFPA 1) 10.11.6.2

For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.

 

(NFPA 1) 10.11.6.3

Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.

 

(NFPA 1) 10.11.7 Installation of Patio Heaters.

 

(NFPA 1) 10.11.7.1

Patio heaters utilizing an integral LP-Gas container greater than 1.08 lb (0.49 kg) propane capacity shall comply with 10.11.7.2 and 10.11.7.3. [58:6.20.2.1]

 

(NFPA 1) 10.11.7.2

Patio heaters shall be listed and used in accordance with their listing and the manufacturer's instructions. [58:6.20.2.2]

 

(NFPA 1) 10.11.7.3

Patio heaters shall not be located within 5 feet (1.5m) of exits from an assembly occupancy. [58:6.20.2.3]

 

(NFPA 1) 10.11.8 Incinerators and Fireplaces.

 

(NFPA 1) 10.11.8.1

Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ.

 

(NFPA 1) 10.11.8.2

Incinerators, outdoor fireplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times.

 

(NFPA 1) 10.11.8.3

Openings in incinerators, outdoor fireplaces, permanent barbecues, and grills shall be provided with an approved spark arrester, screen, or door.

(NFPA 1) 10.11.9 Open-Flame Devices.

 

(NFPA 1) 10.11.9.1

Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause a fire shall not be operated or used in or upon any areas, except by permit from the AHJ.

 

(NFPA 1) 10.11.9.2

Flame-employing devices, such as lanterns or kerosene road flares, and fuses shall not be operated or used as a signal or marker in or upon any areas unless at the scene of emergencies or railroad operations. (See Chapter 16 and Chapter 65 for additional guidance.)

 

(NFPA 1) 10.11.10 Discontinuance.

The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.

 

SECTION III.  Sec. 5-4 entitled “Establishment and duties of division of fire prevention” of Article I entitled “In General” 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)  The fire prevention codes adopted by section 5-1 shall be enforced by the division of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.

(b)  The chief of the fire department may detail such state qualified members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors who when such authorization is made shall be selected through an examination to determine their fitness for the position and state certification.

 

SECTION IV.  Sec. 5-5 entitled “Modifications of fire prevention code” of Article I entitled “In General” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is deleted in its entirety.

 

The chief of the fire department shall have power to modify any of the provisions of the fire prevention codes adopted by section 5-1 upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.

 

SECTION V.  Sec. 5-35 entitled “Issuance of immediate 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 deleted in its entirety.

Whenever the chief of the department or his designate of any stage of any proceedings instituted under the provisions of this article finds that there exists a violation of this article, which in his opinion requires immediate action to abate a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling place of four or more units, he may without prior notice of violation of hearing issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate as provided in section 5-48. Notwithstanding the other provisions of this article, the immediate compliance order shall be effective immediately upon its service or in such time as the chief of the department or his designate shall under the circumstances deem reasonable, necessary and proper, and any person upon whom such in immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such person shall have the right to an appeal to the fire safety code board of appeal and review as provided in sections 5-36 through 5-39.

 

SECTION VI.  Sec. 5-47 entitled “Notice of violation and intent to condemn” 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 deleted in its entirety.

 

Whenever the chief of the department or his designate determines that a nonresidential structure or dwelling place of four or more units is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 5-33 a statement of his intent to condemn and placard the nonresidential structure or dwelling place of four or more units as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 5-33.

 

SECTION VII.  Sec. 5-48 entitled “Order to vacate” 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 deleted in its entirety.

 

Whenever a notice of violation as provided for section 5-47 has not been complied with, the chief of the department or his designate may include within the compliance order a finding to the effect that the nonresidential structure or dwelling place of four or more units is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance shall be in the manner provided for in section 5-34 and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the fire safety code board of appeal and review.

 

SECTION VIII.  Sec. 5-50 entitled “Closure and/or removal of underground tanks” 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 deleted in its entirety.

 

Cutting of all underground tanks and/or containers having contained flammable, combustible or explosive substances is hereby prohibited except upon approval of the fire chief. All underground tanks and/or containers having contained flammable, combustible or explosive substances shall be cut, closed and/or removed in accordance with the American Petroleum Institute Recommended Practices—1604, 2nd Edition as amended.

 

SECTION IX.  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___

Botelho___Britto ___Faria___Sousa___Briden__

 

XII.          NEW BUSINESS

 

A.    City Managers Report  (by City Manager Timothy Chapman)

1.   Firefighter Recognition East Providence Fire Department; Group C- Battalion 1, Group C- Engine Company #1 Group C-Engine Company #2, Group C- Ladder Company #1

Actions taken while operating at a fire in the Town of Barrington on Wednesday, December 6, 2017.

 

2.      Water Quality Presentation

 

3.      CDBG Informational Briefing

 

4.      Safe Route to School Construction and Maintenance Agreement Approval

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Reports of Other City Officials

 

1.   Claims Committee Report (by City Solicitor Gregory Dias)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

C.    Report of School Committee Liaison

D.    Resolutions

1.      A RESOLUTION IN OPPOSITION TO THE PROPOSED INCLUSION OF THE NORTH ATLANTIC REGION IN THE 2019-2024 NATIONAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM

WHEREAS, the Bureau of Ocean and Energy Management (BOEM) in the U.S. Department of Interior has released the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, a draft program proposal for offshore oil and gas leasing for the next five years; and

WHEREAS, the proposal would open the federal waters of the North Atlantic region to oil and gas exploration and drilling, an area that begins just three miles off the coasts of New Jersey through Maine, within which the State of Rhode Island is centrally situated; and

WHEREAS, Rhode Islanders have long relied upon New England’s marine environment as a source of food, jobs, and recreation and, through strong laws and leadership at the state and local level, have conserved and protected our fisheries, habitats, and coastal resources; and

WHEREAS, Rhode Island’s commitment to sound marine and coastal stewardship has reaped enormous cultural, environmental, and economic benefits for the citizens of the State, with healthy coastal communities, a vibrant Narragansett Bay, a thriving tourist industry, and productive fisheries all serving as hallmarks of the Ocean State; and

WHEREAS, Rhode Island has long been committed to sound ocean planning as a basis for accommodating new, sustainable ocean uses such as wind energy and is home to the nation’s first off-shore wind farm; and

WHEREAS, Rhode Island recognizes and is acting upon the need to ensure that its coastal communities are resilient in the face of rising sea levels and other impacts associated with climate change; and

WHEREAS, oil and gas drilling has never been viewed as compatible with our state and regional interests and thus has been removed from consideration for decades; and

WHEREAS, prior experience has shown the devastating consequences of oil spills; and

WHEREAS, now, more than ever, Rhode Islanders, in every community, stand opposed to the use of our offshore waters to oil and gas drilling.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence does hereby unite in the determination to protect our cultural heritage, our marine ecosystem, and our economic future, hereby call upon the Secretary of the Interior to remove the North Atlantic region from consideration for oil and gas exploration and drilling.

Requested by:  Mayor Briden

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

2.      RESOLUTION IN SUPPORT OF PROPOSED LEGISLATION ALLOWING FOSTER FORWARD PERMANENT EXEMPTION FROM TAXATION

 

WHEREAS, Foster Forward (formerly the Rhode Island Foster Parents Association), a non-profit organization is committed to practices that promote permanency and well-being for all young people in foster care, and that provide foster parents with the support and resources they need to be successful; and

 

WHEREAS, for over 20 years, the Association has grown from a small network of foster parents to a leading social service organization of more than 20 highly trained professionals who advocate for foster children and families; and

 

WHEREAS, Foster Forward collaborates with other local and national agencies including the Department of Children, Youth and Families and the Children’s Bureau to improve services to youth in the child welfare system; and

 

WHEREAS, Foster Forward was selected as one of the 173 Bright Idea programs by the Ash Center for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government; and

 

WHEREAS, in 2012, Foster Forward was selected to adapt and implement the Making Proud Choices! curriculum for Rhode Island’s foster youth as part of the Institute on Prevention of Pregnancy and Sexually Transmitted Infection Among Youth in Foster Care; and

 

WHEREAS, Foster Forward was awarded one of four highly competitive Administration for Children and Families grants to improve services to youth in the child welfare system; and

 

WHEREAS, Foster Forward is located in the City of East Providence and is presently being assessed taxes by the City.

 

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing Foster Forward permanent exemption from taxation:

 

To be enacted by the General Assembly as follows:

Foster Forward, a Rhode Island non-profit corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes.  The said corporation and all of their said real and personal estate shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

 

SECTION 2. This act shall take effect upon passage.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and the Senators and Representatives from the City of East Providence.

 

Requested by:  Councilwoman Sousa

 

Motion___By___2nd___

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E.     Introduction to Ordinances

 

1.   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.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

Mauran Avenue (eastbound and westbound traffic) at Sixth Street

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Sousa

 

Motion___By___2nd___

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2.   AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”

 

SECTION I.  Section 11-236 entitled “Service retirement annuity” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

 

Sec. 11-236. Service retirement annuity.

 

(a)    Effective November 1, 1975, members retiring from service under subsections 11-235(a)(1) or (2) shall receive an annuity equal to two percent of the final average salary for each completed year of service, subject to a maximum of 70 percent of final average salary.

(b)   Effective November 1, 1975, members retiring from service under subsection 11-235(a)(3) shall receive an annuity equal to 2½ percent of final average salary for each of the first 20 completed years of service, and two percent of final average salary for each additional completed year of service, subject to a maximum of 70 percent of final average salary.

(c)    A fractional period of service of less than a full year shall be considered in the calculation of the annuity.

(d)(a)   Effective May 1, 1991, those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment in the amount of $815.00 per year per member.

(e)(b)    Effective June 1, 2008 those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment of $900.00 per member except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment.

(f)(c)    All retired police officers and fire fighters currently receiving a service connected disability pension who otherwise do not presently qualify for the existing cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters shall be entitled to an annual three percent cost of living adjustment in their pension effective January 1, 2000.

(d)   Effective February 12, 2018, members retiring from service shall receive an annuity as provided for in the current collective bargaining agreement for police officers and fire fighters.

(e)   All retired police officers and fire fighters currently receiving a service connected disability pension or receiving a service connected pension shall receive a cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters.

 

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

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3.   AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”

 

SECTION I.  Section 11-239 entitled “Administration of disability annuities” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

 

Sec. 11-239. Administration of disability annuities.

 

(a)    The determination of disability from any cause shall be made upon the basis of reports on examinations made by three physicians consisting of the city physician, a physician employed by the board and a third physician selected by the other two.

(b)   A member on disability shall at the board's discretion be required to submit to an examination at least once each year by a physician appointed by the board to establish that the member is incapacitated for service as a police officer or firefighter and is entitled to continue to receive an annuity. The board may cancel a disability annuity upon evidence that the member is no longer disabled for such service. If such cancellation occurs and the member does not reenter service, he shall be entitled to a refund of the excess, if any, of the contributions made by the member, including interest, over the amounts received by the member on the disability annuity.

(c)    If a medical examination or an investigation made by the board discloses that a member is engaged or is able to engage in any gainful occupation, payment of the disability annuity shall be discontinued or reduced to an amount which, when added to his income from such gainful occupation, shall not exceed the rate of his salary at date of retirement or the rate of salary currently being paid for a position similar to that held by the member at commencement of disability, whichever is higher.

(d)   Should any member receiving a disability annuity refuse to submit to a medical examination or supply the board with a statement of income as hereinbefore provided, annuity payments by the system shall be discontinued until compliance with the provisions of this section. Should such refusal continue for one year, all rights of the member to any disability annuity shall be revoked by the board. Upon a finding that a member receiving a disability annuity has deliberately falsified information contained in his statement of income, all rights of the member in any disability shall be revoked by the board.

(e)    Each member in receipt of a disability annuity shall be required to submit to the board at least once each year a statement of income from a gainful occupation for the preceding 12 months on a form supplied by the board. Any adjustment in annuity payments as aforesaid shall be based upon such statements of income. A disability annuity shall be suspended if such statement discloses income from a gainful occupation equal to or in excess of the aforesaid amount, but shall be resumed when such condition has changed.

(f)   Medical examinations of a member for consideration of a disability annuity (for a service-connected or nonservice-connected disability), as described in this section, shall be made upon application of a member acting on their own behalf, or upon application of the Chief of the department of which said member is employed if the Chief believes that the member is unable to perform his or her duties due to a disability, and that said disability is likely to be permanent.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

Motion___By___2nd___

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4.   AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”

 

SECTION I.  Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by adding thereto the following:

 

Sec. 11-253. Death of a retired participant.

 

Upon death of a retired member while in receipt of a service retirement annuity shall be entitled to a survivor benefit. The survivor benefit annuity is a fixed amount and shall be equal to 67.5% of the deceased members’ annuity. Eligibility for a survivor benefit shall be subject to the following conditions:

(1)   The spouse shall have been married to the member at least one year prior to the date of retirement.  The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.

(2)   The participant was not married at the time of retirement but had unmarried child/children under the age 18 including in utero.  The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.

(a)    Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of the death of the member.

 

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

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XIII.       ADJOURNMENT

Motion___By___2nd___

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*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

Published by ClerkBase
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