| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING SEPTEMBER 6, 2005 | |
The City Council meets in the Council Chambers on Tuesday, September 6, 2005 and is called to order at 7:40 P.M. by Mayor Joseph S. Larisa, Jr.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | |
| | Peter F. Midgley | ) | Council Members |
| | Norman J. Miranda | ) | |
| | Valerie A. Perry | | |
| | William J. Fazioli | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
The invocation is read by Councilman Caine and the Salute to the Flag is led by Councilman Miranda.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
August 16, 2005 – Regular Meeting
September 2, 2005 – Special Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
C. RESOLUTION – City Of Providence – resolution in support that Cities shall not exercise their power of eminent domain upon private residential property and transfer it to a private developer for the purpose of improving tax revenue or expanding the tax base or for the purpose of economic development.
D. RESOLUTION – Town of East Greenwich – resolution in support of urging the General Assembly to enact legislation that the cities and towns of Rhode Island cannot exercise the power of eminent domain upon private residential property and transfer it to a private developer for the purpose of improving tax revenue or expanding the tax base or for the purpose of economic development.
E. ALCOHOLIC BEVERAGE LICENSE - Class F-1 – October 8, 2005
Cape Verdean Museum Exhibit, 1003 Waterman Avenue
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. APPOINTMENTS
Michael Tracy (by Councilman Midgley)
2 Claire Street (02915)
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to approve.
III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
B-Full Privilege Victualer (Transfer)* Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
*To also include outside café
*Letter of Objection to the transfer of license received from Arcaro, Belilove & Kolodney
From: Solmar Restaurant, Inc.
To: Planet Azores, Inc., d/b/a Solmar Restaurant 497 Warren Avenue
Jorge Melo, 277 Francis Avenue, North Providence, is present and sworn in by the City Solicitor.
There is no one from the public wishing to be heard
On motion of Councilman Miranda, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and subject to the letter of objection being cleared.
LICENSES NOT REQUIRING PUBLIC HEARING
Vict/Over 50 (Transfer)* Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
*To also include outside café
From: Solmar Restaurant, Inc.
To: Planet Azores, Inc., d/b/a Solmar Restaurant 497 Warren Avenue
On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and subject to the letter of objection being cleared.
Dance/Entertainment (Transfer)* Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
*To also include outside café
From: Solmar Restaurant, Inc.
To: Planet Azores, Inc., d/b/a Solmar Restaurant 497 Warren Avenue
On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall and subject to the letter of objection being cleared.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
IV. PUBLIC HEARINGS
ORDINANCES-FINAL PASSAGE (Given first passage August 16, 2005. Advertised-Providence Journal – August 19, 2005)
1) The following is an ordinance amendment adding a stop sign to Read St at Fenner Ave
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
READ STREET (northbound and southbound traffic) at Fenner Avenue.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by Councilman Midgley)
Fred Vinhateiro, 78 Read Street, is present and sworn in by the City Solicitor. Mr. Vinhateiro speaks in support of this ordinance.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
Unanimous Consent: Without objection, Councilman Miranda asks to move up Communications. Mayor Larisa states it can be moved up after the Public Hearings.
2) The following is an ordinance amendment regarding restraint of dogs
SECTION I. Sec. 3-31 entitled “To be restrained at all times.” of Article II entitled “Dogs” 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. 3-31. To be restrained at all times.
The owner shall keep the dog under restraint at all times and shall not permit the dog to be at large or off the premises of the owner, unless under the control of a competent person and further restrained by a leash no longer than six (6) feet in length on city property, excluding therefrom city streets and sidewalks.
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 Midgley)
Catherine Vieira-Baker, 41 Carousel Drive, is present and sworn in by the City Solicitor. Ms. Baker speaks in support of the ordinance.
After further discussion, Councilman Midgley makes a motion to approve for Final Passage. Councilman Miranda seconds the motion. Roll call vote as follows:
| Councilman Caine | Aye |
| Councilman Midgley | Aye |
| Councilman Miranda | Aye |
| Councilwoman Perry | Nay |
| Mayor Larisa | Nay |
The motion passes 3 to 2
3) The following is an ordinance amendment pertaining to animals in public parks
SECTION I. Sec. 3-10 entitled “Nuisance abatement.” 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 deleting therefrom the following:
(c) It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the animal trespassing on private or public property is hereby declared to be a nuisance and such animal may be impounded by the animal control officer.
SECTION II. Sec. 3-10 entitled “Nuisance abatement.” 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:
(e) It shall be unlawful to allow or permit any animal upon those areas of public parks designated as sport playing fields.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Councilman Midgley) (NOTE: Subsection (c) above is being deleted to correct an editing error in Section 3-10)
The following people are sworn in by the City Solicitor:
E. Carol Metcalfe, 3 Bergin Street. Ms. Metcalfe states her concern that there is already a leash law and a nuisance law, but they have not been followed. She adds that the people that take care of their animals are not the problem.
Cathy Vieira-Baker, 41 Carousel Drive. Ms. Baker asks for clarification of the ordinance regarding bringing a dog to the ball field. Mayor Larisa responds saying you can bring your dog to the field, but you cannot allow your dog to go on the field.
Michael Znosko, 12 Catalpa Ave. Mr. Znosko states people are using our ancient cemeteries as dog runs and it has to stop. He says he brings bags down there and they still don’t pick up, and he wants people to be aware that it is happening there too.
Councilman Midgley states that Little Neck Cemetery is City property, and all that Mr. Znosko or anyone else has to do is to file a complaint. The ordinance says not only the dog officer, but any police officer can take the complaint. He says the hardest part of this is that you have to be the one to make the complaint. Then it’s up to the police officer or animal control officer to follow-up on it. It has to start with the individual who is offended by it. If no one is offended by it, then it doesn’t matter what the ordinance says. If no one makes a complaint, the ordinance won’t be enforced. He says that you don’t have to get into a confrontation, just write down what you saw and let the City take the action.
Maryann Godfrey, 28 Carousel Drive. Ms. Godfrey states that she walks her dog at Rose Larisa Memorial Park every day and picks up after it. She says she sees people letting dogs do things without picking up after them and many times, and has wanted to say something to the owners, but because it isn’t posted, feels she doesn’t have the right. She says she thinks signs should be posted.
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
4) The following is an ordinance amendment pertaining to spaying and neutering of dogs and cats
SECTION I. Subsection (a) (3) of Sec. 3-17 entitled “Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.” 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” in amended to read as follows:
Sec. 3-17(a) (3). There shall be a spay/neuter program at the East Providence animal shelter for animals, which program shall be adopted by the animal control officer with the approval of the city manager. There shall be an adoption fee for animals adopted from the East Providence animal shelter set by the animal control officer subject to the approval of the city manager.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (By Mayor Larisa)
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
Motion by Councilman Miranda, seconded by Councilman Midgley to change the order of business to Communications.
Kristen Skeffington, 79 Holland Avenue
Requesting to address the Council regarding permission to close off section of Holland Ave. between Glenrose & Benedict for a block party on Saturday, September 10, 2005 between 3pm – 9pm
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve.
Antone Gouveia, Jr., 62 Euclid Ave.
Requesting to address the Council regarding Family Involvement Celebration Day. Mr. Gouveia announces a special event for the community, which will take place on October 14, 2005. He says the School Committee sees increased family involvement as the key to success in our school system. The family involvement logo is based on 4 points; teacher, family, community, and student, and following them together creates family and community involvement. Over the past thirty years, there have been several studies concerning family involvement and in those districts where family involvement has been consistent and ongoing, test scores were raised, retention was raised, and tardiness and absenteeism was decreased. Family and community involvement do work. This family involvement sub-committee has been working on this and over one hundred parents, teachers, and school department administrators are involved. Mr. Gouveia invites all to a community wide kick off event, scheduled for October 14th at 6pm at Pierce Stadium during the East Providence vs. Hendricken Football Game. He says plans are to march out parents, students, and anyone in the community as well as the Council prior to the game led by the East Providence High School Marching Band. It is a way of having our community together. Mr. Gouveia also asks for a proclamation declaring October 14th as Townie Pride Day in East Providence.
Motion by Councilman Miranda, seconded by Councilman Caine, to return to the regular order of business.
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
Lease agreement with Independent Management LLC
Mr. Fazioli states the City sold the old Rumford Fire Station and this housed a lot of our parks and recreation department equipment. We had to find a new place to house this equipment. One year ago, we went through a process and were able to find one a place on Commercial Way. Asking for Council’s permission to enter into lease with Independent Management LLC.
On motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to approve.
Community Survey Update
Mr. Fazioli gives update on community survey. The survey will be conducted in October and about twelve hundred people will be selected citywide. He says that once a person is notified, they will have the opportunity to do a phone or mail-in survey. The results will be compiled in late October - early November and he hopes to have the results back by December and will share them with the Council. He says the City is looking to get the public’s feedback on how they feel about our community. He encourages the public to participate in the survey, saying that their feedback will be highly valued by him and members of the City Staff and City Council.
Tow List Policy
Chief Paquette states the purpose of this policy is to give guidelines to tow operators so that all will be on an even playing field. He says that they are required to provide service on a timely basis, to supply the services seven days a week, and won’t be able to manipulate the calls by refusing certain calls. He says that all this is intended to do is to make the tow truck operators responsible so that we can provide the most efficient service to the public. He stats that sometimes the officers are at a scene too long waiting for the tow truck driver to arrive and that is not cost effective. He says a meeting with the tow operators will be set up to get their input on this. He says that this is just a rough draft trying to get some ideas out there, and while it is not intended to penalize anybody, there have to be some guidelines. He said this past month, one tow operator did not answer the phone ten times, and that is not acceptable.
After discussions by the Council, the following people are sworn in by the City Solicitor and speak against tow operators recommending to body shops:
Sharlene Damiani, 887 Willett Avenue
Ken Andrade, 1 Pawtucket Avenue
Anthony Bochichio, 96 Pinecrest Drive
Thomas C. Riley, 3620 Pawtucket Avenue, states that the tow companies should take the car where the owner requests, not where they decide to bring it. He also says he does not understand how tow operators are allowed to pick and choose the tows that they want.
Pre-qualification for Dental Insurance
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve.
Collective Bargaining Discussion
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation] to discuss negotiations.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| | Thomas Oxx, Claim No. 05-070 | Denied |
| | Matthew Silva, Claim No. 05-072 | Approved |
| | Luis Silveira, Claim No. 05-069 | Refer to Insurance Carrier |
| | David Winfield, Claim No. 05-075 | Approved |
| | Robert Gagnon, Claim No. 05-067 | Refer to Law Department |
| | City of East Providence vs. Town of Barrington | |
| | C.A. No. PC04-3960 | Refer to Law Department |
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to accept as presented.
C. COUNCIL MEMBERS
Block Party Resolution (By Councilwoman Perry)
Mayor Larisa asks for authorization for the City Manager to engage (RIPEC) RI Public Expenditures Council to do an immediate performance audit in connection with the present School Department budget.
National Mayor’s Conference Bill Second Notice - $3,544
Mayor Larisa speaks about getting a bill for $3,544 from the National Mayor’s Conference. He says that we don’t have a strong Mayor form of government, the Mayor’s office is shut down, and it is a City Council office. He says that the City Manager runs the City, and doesn’t think it is necessary to pay over $3,500 a year for this. He further states that a notice will be sent that the City no longer needs to belong to the National Mayor’s Conference and will not be paying this bill.
Authorization for Carousel Park Commission to hire landscape architect
D. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on September 20, 2005 for a public hearing and consideration of final passage).
1) The following is an ordinance amendment adding a stop sign to Bradford Avenue at Plymouth Road
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
BRADFORD AVENUE (southbound traffic) at Plymouth Road.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve for First Passage.
2) The following is an ordinance amendment adding a stop sign to Dodge Street at Vincent Avenue
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
DODGE STREET (northbound and southbound traffic) at Vincent Avenue.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilman Caine, seconded by Councilman Perry, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve for First Passage.
3) The following is an ordinance amendment pertaining to cross connection control and back flow prevention program
SECTION I. Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended by adding thereto the following:
DIVISION 4. CROSS CONNECTION CONTROL
AND BACKFLOW PREVENTION PROGRAM
Sec. 17-57. Definitions.
A) Approved – Accepted by the Department as meeting an applicable specification stated or cited in this regulation, or as suitable for the proposed purpose.
B) Auxiliary Water Supply – Any water supply, on or available, to the premises other than the purveyor’s approved public water supply.
C) Backflow – The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
D) Backflow Preventer – A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop.
1. Air Gap – A physical separation sufficient to prevent backflow between the free flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one (1) inch.
2. Atmospheric Vacuum Breaker – A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system.
3. Barometric Loop – A fabricated piping arrangement rising at least thirty (35) feet at its upmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
4. Double Check Valve Assembly – An assembly of two (2) independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
5. Double Check Valve with Intermediate Atmospheric Vent – A device having a two (2) spring loaded check valves separated by an atmospheric vent chamber.
6. Hose Bibb Vacuum Breaker – A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
7. Pressure Vacuum Breaker – A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check(s). Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
8. Reduced Pressure Principle Backflow Preventer – An assembly consisting of two (2) independently operating approved check valves with an automatically operating differential relief valve located between the two (2) check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
9. Residential Dual Check – An assembly of two (2) spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
E) Backpressure – A condition in which the owners’ system pressure is greater than the suppliers’ system pressure.
F) Backsiphonage – The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
G) Containment – A method of backflow prevention which requires a backflow preventer at the water service entrance.
H) Contaminant – A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public.
I) Cross-Connection – Any actual or potential connection between the public water supply and a source of contamination or pollution.
J) Department – The City of East Providence Department of Public Works, Water Utilities Division.
K) Fixture Isolation – A method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water service entrance.
L) Owner – Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
M) Person – Any individual, partnership, company, public, or private corporation, political subdivision or agency, or any other legal entity.
N) Permit – A document issued by the Department which allows the use of a backflow preventer.
O) Pollutant – A foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use.
P) Water Service Entrance – That point in the owners’ water system beyond the sanitary control of the Department, generally considered to be the outlet end of the water meter and always before any unprotected branch.
Sec. 17-58. Purpose.
A) To protect the public potable water supply served by the City of East Providence from the possibility of contamination or pollution by isolating within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.
B) To promote the elimination of control of existing cross connections, actual or potential, between its customers in-plant potable water system, and non-potable systems.
C) To provide for the maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connection.
Sec. 17-59. Administration.
A) The Department of Public Works, Water Utilities Division will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of these regulations as approved.
B) The Owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of these regulations.
C) If the Department requires that the public supply be protected by containment, the Owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose.
Sec. 17-60. Requirements.
A) Department
1. For all new construction or plumbing improvements and/or modifications which require a plumbing permit, the Department will review plans submitted for evaluation in order to determine the type of backflow preventer that will be required. In any case, a minimum of a dual check valve will be required for all new construction and for any plumbing modifications. The Department may require an on-site evaluation before the permit is issued.
2. For premises existing prior to the start of this program, the Department reserves the right to perform evaluations and inspections of plans and/or premises and inform the Owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, ninety (90) days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
3. The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested in accordance with these regulations to insure satisfactory operation.
4. The Department shall inform the Owner, in writing, of any failure to comply by the time of the first re-inspection. The Department will allow an additional (15) days for the correction. In the event the Owner fails to comply with the necessary correction by the time of the second re-inspection, the Department will inform the Owner by letter that the water service to the Owner’s premises will be shut off within a period not to exceed five (5) days. In the event that the Owner informs the Department of extenuating circumstances as to why the installation has not been made, a time extension may be granted.
5. If the Department determines at any time that a serious threat to the public health exists, the water service will be shut off immediately.
6. The Department shall have on file, a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the Owner of the building or property.
B) Owner
1. The Owner shall be responsible for the elimination or protection of all cross-connections on his premises.
2. The Owner, after having been informed in writing by the Department, shall at his/her expense install, maintain, and test or have tested any and all backflow preventers on the premises.
3. The Owner shall at his/her expense correct any malfunction of any backflow preventer which is revealed by periodic testing. The Department reserves the right to require replacement of any backflow preventer that it deems unrepairable or otherwise unfit in order to provide service and operation.
4. The Owner shall not install a by-pass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operations for testing of the device(s) must supply an additional device on a bypass in order to allow testing to take place.
5. The Owner shall immediately inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the Owner is aware but has not been found by the Department.
6. The Owner shall install backflow preventers in a manner and location approved by the Department.
7. The Owner shall install only backflow preventers approved by and in accordance with the requirements of the Department.
8. In the event the Owner installs plumbing to provide potable water for domestic purposes which is on the Department’s side of the backflow preventer, such plumbing must have its own backflow preventer installed.
9. The Owner shall be responsible for the payment of all fees for permits, testing and retesting in the case that the device fails to operate correctly
10. and second and subsequent re-inspection for non-compliance with the Department’s requirements.
11. Effective the date of the acceptance of this Cross Connection Control Program, all new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service shall be done upon the issuance of a plumbing permit for any plumbing improvements or modifications.
12. The Owner must be aware that installation of an approved backflow prevention device results in a potential closed plumbing system within his/her facility or residence. As such, provisions may have to be made by the Owner to provide for thermal expansion within the closed loop system, i.e., the installation of thermal expansion devices. The City shall not be held liable for plumbing failures associated with faulty or inappropriate installations.
13. In accordance with the Rhode Island State Building Code, Plumbing Code Regulations, “The Owner of the Owner’s designated agent shall be responsible for the safe and sanitary maintenance of the plumbing system in any building or structure at all times.”
Sec 17-61. Devices.
A) Backflow Preventers
1. All installed backflow preventers shall conform to the latest revision of the American Water Works Association (AWWA) Standard C506, the latest revision of the applicable standard of the American Society of Sanitary Engineering (ASSE) or the latest revision of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California standards.
B) Strainers
1. All new retrofit installations of reduced pressure principle devices and double check valve backflow preventers shall include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may “stir up” debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
C) Existing in-use backflow prevention devices
1. Any existing backflow preventer shall be allowed by the Department to continue in service unless it has been determined by a certified tester that the device is no longer effective or will result in an unreasonable risk to the public health. In the case of a residential installation converting to a business establishment, an existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present.
Sec. 17-62. Periodic Testing.
A) Reduced pressure principle backflow devices shall be tested and inspected at least annually.
B) Periodic testing shall be performed by a certified tester. This testing will be done at the Owner’s expense.
C) Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be re-tested at the Owner’s expense to insure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than thirty (30) days after the test date will be established. The Owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two (2) devices is an effective means of the Owner insuring that uninterrupted water service during testing or repair of devices if and when the Owner desires such continuity of service.
D) Backflow prevention devices may be tested more frequently than specified in A. above, in cases where there is a history of test failures and the Department feels that due to the degree of hazard involved, additional testing is warranted
SECTION II. This ordinance shall take place upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Councilman Midgley)
On motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
4) The following is an ordinance amendment pertaining dismantled or junked vehicles
SECTION I. The definition of Dismantled or junked vehicles in Sec. 10-26 entitled “Definitions.” of Article II entitled “Dismantled, Junked and Abandoned Vehicles” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:
Dismantled, or junked or inoperable vehicles shall mean vehicles legally or physically incapable of being operated or which have not been duly registered according to law, or which do not have legal evidence of said lawful registration affixed thereto, or which lack to a substantial degree the equipment in good operating condition as required by laws to enable them to be registered, and further shall be deemed to include all major parts thereof including bodies, engines, transmissions rear ends, etc.
SECTION II. The definition of Vehicle legally or physically incapable of being operated in Sec. 10-26 entitled “Definitions.” of Article II entitled “Dismantled, Junked and Abandoned Vehicles” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” shall be deleted.
Vehicle legally or physically incapable of being operated means any vehicle that has not been duly registered according to law or that lacks equipment in good operating condition as required by law to enable it to be registered.
SECTION III. Sec. 10-27 entitled “License required for storage, keeping, etc.” of Article II entitled “Dismantled, Junked and Abandoned Vehicles” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows
Section 10-27. License required for storage, keeping, etc.
No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned inoperable vehicle or one legally or physically incapable of being operated, unless a license for such storage has theretofore been obtained from the proper authority.
Section 10-35. Penalty.
The fine for leaving an abandoned, or dismantled, junked, or inoperable vehicle on public or private property in violation of the regulations contained in this article shall be $100.00.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Law Dept.)
On motion of Councilman Miranda, seconded by Councilwoman Perry, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to approve for First Passage.
3) The following is an ordinance amendment regarding fence graffiti
SECTION I. Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses: is amended by adding thereto the following:
Sec. 9-17 Fence graffiti prohibited.
Defacing the side of a fence facing a neighbor with intent to cause visual blight to the adjoining property or neighborhood shall be illegal. The offending party shall remove the graffiti within ten days of citation by the city. If not done, the city shall have the right to remove it. (Requested by: Mayor Larisa)
Mayor Larisa states this ordinance would prevent putting graffiti on one side of a fence but it would not apply to graffiti that already exists. He says that the City Solicitor thinks we’re on shaky constitutional grounds with this, has spent a lot of time on this, and reviewed a lot of cases and it is very difficult to draft an ordinance that is enforceable. The courts have been very reluctant when the nuisance is visual, and where there’s no physical harm. When the sense is your eyes, it gets into first amendment rights and even if not first amendment issues, they say one person’s great looking thing is another person’s nuisance. We’re trying to find a way to do something, we’re going to give it first passage, but it might change before next time.
One of the neighbors, Elise, states that they have police reports to substantiate that this was not done as freedom of expression, and says she believes that the police report can challenge anything the ACLU could come back with. Mayor Larisa states he will continue to work on this and pass the most constitutional ordinance to help the neighbors out.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
4) The following is an ordinance amendment regarding nuisance abatement
SECTION I. Subsection (b) of Sec. 3-10 entitled “Nuisance abatement.” 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:
(b) It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value. The trespassing of any animal on private or public or property is hereby declared to be a nuisance. and any such animal may be impounded by the animal control officer. The owner of any such animal convicted of violating this provision may be punished by payment of the following fine:
(1) 1st offense…..………………………….$25.00
(2) 2nd offense (within 1 year)……………$50.00
(3) Upon the 3rd offense, such animal may be impounded by the animal control officer. (Requested by: Mayor Larisa)
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve for First Passage.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations.
There being no further business, on motion of Councilman Caine, seconded by Councilman Miranda, the meeting recesses at 10:45 p.m. and goes into closed session.
The Open Meeting reconvenes at 11:10 p.m. and is adjourned at 11:10 p.m.
Attest:
____________________________
Dana L. Toy
City Clerk Approved: October 4, 2005