| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JUNE 20, 2006 | |
The City Council meets in the Council Chambers on Tuesday, June 20, 2006 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:40 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | Council Members |
| | Peter F. Midgley | ) | |
| | Valerie A. Perry | ) | |
| | | | |
| | Jeanne M. Boyle | ) | Acting City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Caine.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
Mayor Larisa is given unanimous consent to read a proclamation given to the Fire Department recently and to honor Christian Brassill on his retirement after 35 years of service on the Fire Department. Acting Chief Brassill was promoted to Chief by Acting City Manager Boyle for his outstanding service on the Fire Department.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
May 16, 2006 – Regular Meeting
May 16, 2006 – Closed Meeting Re: Collective Bargaining
May 30, 2006 – Closed Meeting Re: Possible Acquisition of Real Estate
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2005 | $ 2,931.12 |
| 2006 | $51,599.91 |
| TOTAL | $54,531.03 |
C. ALCOHOLIC BEVERAGE CLASS F & TENT – July 21st, 22nd, & 23rd, 2006 East Providence Heritage Days Festival, Pierce Field
D. RESOLUTION – City of Providence – Resolution in support of Senate Bill 2006-S 2049, An Act Relating to State Affairs and Government- Dept. of Environmental Management – elimination of MTBE as a gasoline additive.
E. RESOLUTION – City of Providence - Resolution in support of Senate Bill 2006-S 2029, An Act Relating to Public Utilities – Excavation near underground utility facilities -Costs, which would require public utilities to reimburse municipal corporations for any cost incurred associated with the temporary or permanent relocation of utility infrastructure during public works projects within the municipal right of way.
F. RESOLUTION – City of Providence – Resolution opposing passage by the General Assembly of House Bill 2006-H 7280, Relating to Statutes and Statutory Constriction – Publication and Distribution of Acts.
G. RESOLUTION – City of Providence – Resolution endorsing and urging passage by the General Assembly of Senate Bill 2006-S 2135, Relating to Education – The RI Student Investment Initiative.
I. RESOLUTION – City of Providence – Resolution in support of the establishment of a Joint Pension Review Committee.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar minus the closed minutes of the May 16 and May 30, 2006 meetings.
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve closed minutes of the May 16th and May 30th meetings and keep them closed.
II. APPOINTMENTS
Waterfront Commission (By Mayor Larisa)
Joseph S. Larisa, Jr., 44 Don Avenue (02916)
Councilman Caine states he is surprised by this appointment being on the docket and objects to this. I don’t agree with Mr. Ramos or Mr. Rogers appointed with them being on the Council and on this commission. Mr. Rogers didn’t seek reelection so I didn’t raise an objection to it. It should be a separate commission that isn’t run by the Council and I can see many ethical conflicts with this. I don’t support this at all and will vote against it. It is suppose to be an independent board that looks at projects from a non-political prospective and I think it is bad government.
Mayor Larisa states he will not serve on both the Council and the board. If I am reelected to the City Council, I will appoint another person to the commission. If I lose the race, I will serve on the board. I won’t hold the two positions. There is no independent separation between the Waterfront Commission and the Council. The Acting City Manager and Planning Director and the executive director are involved with this commission and there is no conflict of interest here. The board was set up so each Council member gets a pick and this is my pick. Councilman Rogers and Ramos picked themselves.
Solicitor Conley states that Councilman Rogers didn’t appoint himself, he was the chair and I believe the Council did vote that each council got to nominate someone to the commission, but it is by majority vote of the Council. I will confirm this information during break and will advise.
The discussion is tabled until a later time.
Canvassing Authority
Michael Solomon (reappointment by Mayor Larisa)
On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.
III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
1) CLASS B LIMITED VICT (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Fire Marshall, and Division of Taxation.
From: Liang Jin Guo, Happy New Buffet
To: Ren Zhong Yang, Jin Hua Chinese Restaurant, d/b/a New Buffet, 1925 Pawtucket Avenue
Liang Jin Guo, 110 Burgess Ave. and Ren Zhon Yang, 280 Roger Williams Ave. are present and sworn in by the City Solicitor.
There is no one from the public wishing to be heard.
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.
2) VICT/NOT OVER 50 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, Fire Marshall, and Division of Taxation.
From: Liang Jin Guo, Happy New Buffet
To: Ren Zhong Yang, Jin Hua Chinese Restaurant, d/b/a New Buffet, 1925 Pawtucket Avenue
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.
LICENSES NOT REQUIRING PUBLIC HEARING
3) PEDDLER – ICE CREAM Subject to approvals from the Chief of Police, Health Inspector and City Manager.
James Clancy, d/b/a Clancy’s Ice Cream, 12 Pearce Street
Mr. Clancy is not present. Motion by Councilman Midgley, seconded by Councilman Caine to remove from docket.
4) VICT/NOT OVER 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.
From: Joseph C. Melfi
To: Kellie A. Jolivet, Reds News & Variety, 241 Bullocks Point Avenue
Kellie Jolivet, 85 Lincoln Avenue, is present and sworn in by the City Solicitor.
On motion of Councilwoman Perry, seconded by Councilman Midgley, it is unanimously voted to approve.
5) HOLIDAY SALES (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.
From: Joseph C. Melfi
To: Kellie A. Jolivet, Reds News & Variety, 241 Bullocks Point Avenue
On motion of Councilwoman Perry, seconded by Councilman Midgley, it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
IV. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given first passage June 6, 2006. Advertised-Prov. Journal – June 9, 2006.)
1) The following is an ordinance amendment regarding handicap parking at 112 Williams Avenue
SECTION I. Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-315 entitled “Reserved parking designated–Handicapped parking.” is amended by adding thereto the following:
WILLIAMS AVENUE in front of house number 112. (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.
There is no on 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.
Click here to view ordinance
2) The following is an ordinance amendment regarding no parking on Thatcher Street (north side) from Roger Williams Avenue to a point 110 feet easterly
SECTION I. Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-307 entitled “Parking prohibited at all times.” is amended by adding thereto the following:
THATCHER STREET (north side) from Roger Williams Avenue to a point 110 feet easterly. (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.
There is no on from the public wishing to be heard.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
Click here to view ordinance
Unanimous consent given to move up the three block parties under Communications. Motion was made by Councilman Midgley, seconded by Councilman Caine.
1) Gregory Dias, 57 Tryon Avenue. Neighbors of Tryon Ave., Gibbs St., and Estelle St. requesting permission to block off from corner of Gibbs St. and the corner of Merchant St. and that Estelle St. be blocked at Ferris Ave. for the Sixth Annual Block Party on July 15, 2006.
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve, subject to approval of the Chief of Police.
2) Joyce and Albert Boucher, 74 Bay View Avenue. Requesting permission to block off Gerald St. from corner of Bay View Ave. to Crown Ave. on July 1, 2006 from 12-9pm with a rain date of July 2, 2006 for block party.
On motion of Councilman Midgley, seconded by Councilwoman Perry, it is unanimously voted to approve, subject to approval of the Chief of Police.
3) Helena Brochu, 14 Harding Avenue. Requesting permission to close Harding Ave. for the night of July 3, 2006 for neighborhood party and cookout.
On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve,subject to approval of the Chief of Police.
Motion by Councilman Caine, seconded by Councilwoman Perry to return to the regular order of business.
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Report on State Street Flooding – Report from Director of Public Works.
Ms. Boyle states about two weeks ago due to heavy rainfall, there was extensive flooding in the vicinity of State Street near the Runnins River. Six families were evacuated from their homes and fortunately, we did have excellent response from a number of city departments, including Public Work, the Building Inspector, Fire and Police Departments, and our Emergency Management Director. The city’s emergency shelter was opened that day. At this time, this is the third time flooding has occurred in an eighteen month period. Have asked the Director of Public Works to report to the Council as to what measures might be taken to address the problem in the future. You’ve received in your package a report from the Director of Public Works as well as the report that was done in 1986.
Director Couto states we’ve had a number of rainfall events that have occurred resulting in flooding in this neighborhood. Mr. Coutu discusses the development of the flood maps in the early 1980’s. Last October’s storm was considered a hundred year storm; this is the amount of rainfall expected for a hundred year period. In 1986, a further study was done and a number of recommendations were given. The number one finding in the report is that flooding experienced in the study area is not as much caused by downstream hydraulic restrictions as it is due to the sitting of existing residential dwellings in low lying fold prone areas. It further states replacing the culvert where Warren Ave. crosses into Seekonk might reduce ten-year water levels by one foot; however, very little real reduction of the flood boundary would occur. As such, given some of the recent rain events, flooding would have likely occurred even if the culvert had been replaced. In September, I sent a copy of this report to the RIDOT Director and he noted the City would need to include this project as a TIP request. My recommendation is to draft an RFP for a more current review of the drainage issues and to determine if the recommendation made in the 1986 study is still valid today.
Mayor Larisa asks about the culvert change only reducing it only about a foot. Mr. Coutu states it should eliminate flooding in several homes, but it isn’t an end all solution.
A petition was presented to the Council signed by approximately 50 neighbors stating that things need to be looked into in this area, such as more drains being needed, cleaning the sewers, dredging the Runnins River, and that taxes need to be lowered in this area due to the water issues.
Motion is made by Councilwoman Perry, seconded by Councilman Caine to move to move up Debbie Kubacki from Communications.
The following people are sworn in by the City Solicitor and all voice their concerns to the City Council of the problems in this area.
| Debbie Kubacki, 65 State Street | Fatima Simos, 20 Marsh St. |
| Fernando Antonio, 75 Abbott Street | Raymond Barbour, 78 Abbott St. |
| Russ Benoit, 5 Marsh Street Joseph Martins, 87 Abbott St. | |
| Edward Rodrigues, 9 Luther Ave. | Maria Oliver, ? |
| Patricia Kubacki, 65 State Street | Andrew Hawkins, 29 Humphrey St. |
| Kenneth Ribeiro, 80 Abbott St. | |
Mayor Larisa asks about cleaning the culvert out and asks that it be put on the priority list with the RFP about get the clamshell there to do that and to give a report at the next meeting. Mayor Larisa asks about the drains on Abbott Street never being cleaned. Mr. Coutu states they had been cleaned, and that they will clean them again.
The City Manager is working with the Tax Assessor to see what can be done on taxes. Mayor Larisa discusses revaluation going on now. This is an opportunity for you to let that person know when they come out to assess the property, about all the issues you have there and the damage that’s been done. This should lower your assessment value and lower you taxes. If you’re not satisfied with that, you can appeal the assessment.
Councilman Caine states the that the Acting City Manager has taken the step by talking with the Tax Assessor to look at taxes now and seeing if there is some solution and ask that this be put on for discussion purposes for the next meeting. We need the drains to be cleaned and the new study is important to see where the water flows and where it goes and that will help us see where we need to go. You’ve said it’s gotten worse and I don’t know the reason why, is it more rain or some other issue? Also, if you don’t have a backflow prevention device in the house, sewage can come in. You could install this device and at least that can prevent the sewage from coming into the house. Mr. Coutu explains the backflow prevention program. We’re trying to help you with what can be done now and you can look over this backflow prevention program and get back to Mr. Coutu if you’d like to participate in it. The long term issues, we need to get an RFP and get someone who can look at the water levels in the neighborhood, upstream and downstream to figure out where it’s going and will dredging the Runnins River make a difference or not. We need this updated study done. We hear your concerns and issues.
Mayor Larisa states at the next meeting, we’ll have this in a Council resolution passed by the Council. And before the next meeting, the Public Works Director will get the drains cleaned in the area and report back on what it would take to clamshell the culvert. We’re trying to help you and do what we can and to get some answers for you at the next Council meeting.
2. Enhancement Grant Request – Pomham Lighthouse Restoration
Ms. Boyle states the Friends of Pomham Lighthouse have been trying to raise funds for the restoration of the lighthouse. Once source of funds they sought was through the RIDOT enhancement program. They applied in 2005 for $100,000 and unfortunately were not successful; the competition is stiff for these funds. They were encouraged to approach the City as to whether or not another grant could be shifted towards their program. The City was awarded a $100,000 grant for improvements to the Taunton Avenue corridor. The purpose of that grant was to acquire property and to work with the property owner to relocate the billboard. We’ve had discussions with the property owner over the last couple of years and they don’t have any interest in selling. We’re asking for the Council’s permission to contact RIDOT and request the funding allocated for that project be reallocated to the Pomham Lighthouse project. It is not guaranteed that it would be reallocated, but based on my discussions with their staff, they would try to honor the community’s request and keep it within the community. Think the chances are good if this is requested, the RIDOT will agree to it. This is a great project and worthy of our support.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to request that funding be reallocated to the Pomham Lighthouse project.
3. Request for Amendment to CRMC Water Type
Ms. Boyle states we’ve rezoned the entire waterfront in anticipation of redevelopment. In the waterfront district plan, it represents a departure from the old industrial types of uses. The CRMC and State also have their own harbor plans and in those harbor plans, they designate the types of water and the types of land uses that should accompany these water type designations. The last CRMC harbor plan was done in the late 1980’s, which was largely industrial in nature. They are in the process of updating the plan and the problem with that is as developers approach the CRMC for their approval, they will run into inconsistencies with the State and local authorities. Asking the Council to approve this resolution, which authorizes us the work with the CRMC to request changes to those waterfront designations so that they will be reflective of the land use designations in the cities waterfront plan.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
4. Request to purchase seven Medtronic Lifepack-12 Heart Monitor/Defibrillators – Fire Chief
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
5. Aspen Aerogel’s Job Fair
Aspen Aerogel’s will be holding a job fair on Wednesday, June 21st from 2pm-7pm at the East Providence Senior Center.
6. Executive Session - Collective Bargaining Negotiations
On motion of Councilman Caine, seconded by Councilman Midgley, 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 collective bargaining negotiations.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| John and Tammy Barros, Claim No. 06-028 | Refer to insurance carrier |
| The SRH Corp., Claim No. 06-027 | Denied |
| Robert and Leslie Gagnon, Claim No. 05-97 | Received as information |
| City of East Providence vs. the Narragansett Electric Co. d/b/a | |
| National Grid and Southern Union Co. and Division of Public | |
| Utilities and Carriers, CA No. PC06-2888 | Appeal to Supreme Court |
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to accept the Claims Report.
C. COUNCIL MEMBERS
“State School Aid Increase” (By Mayor Larisa)
Mayor Larisa states we have some good news. The House has approved the budget and the education aid will increase from last year. The budget is still awaiting final approval, but it is expected to be approved. This will help out with school funding next year and will help out the taxpayers.
“Illegal Signage” (By Councilwoman Perry)
Councilwoman Perry has received e-mails about all kinds of signs on telephone poles. Mr. Conley states that last fall, this issue was addressed and we amended the ordinances to make sure we addressed the types of signs and we provided some enforcement language in the ordinance that provides that enforcement can take place through the Zoning Office and through the Police Dept. Ms. Boyle states Steve Mutter is putting together a program this summer and a task will be removal of these signs.
“Can You Hear Me Now? – Bill of Rights” (By Councilman Midgley)
Mr. Midgley talks about a bill going through the Senate with Police Departments across the State giving them the right to go through your personal information. Every day we have less and less constitutional rights. There is no need for this. I’ve contacted my State Representatives and urged them to vote against this. I urge all people if you have concerns for your privacy or the bill of rights, call your State Representatives and protest against this bill.
D. RESOLUTIONS
1) The following resolution is a requesting water type classifications within the City of East Providence
WHEREAS, the City of East Providence has established a Waterfront Special Development District; and
WHEREAS, the City Council for the City of East Providence and the Waterfront Special Development Commission are responsible for the implementation of the Waterfront Special Development District Plan as approved by the City Council for the City of East Providence; and
WHEREAS, the Rhode Island Coastal Resources Management Program has water type classifications within said district which are in conflict with the plan’s priority uses;
NOW, THERFORE, BE IT RESOLVED, that the East Providence City Council authorizes the Waterfront Special Development Commission to petition the Rhode Island Coastal Resources Management Council for water type classification changes to the Coastal Resources Management Program within the East Providence Waterfront Special Development District so as to eliminate conflicts between the City and State designations.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
Click here to view resolution
2) The following resolution opposes legislation establishing an (8%) percent surcharge for water supplied by the Providence Water Supply Board to the City of East Providence
WHEREAS, the City of East Providence purchases its municipal water from the Providence Water Supply Board; and
WHEREAS, there is presently pending before the State Legislature a bill to allow the Providence Water Supply Board to add on an 8% surcharge to the cost of water supplied to the City of East Providence by the Providence Water Supply Board; and
WHEREAS, said 8% surcharge will significantly increase the cost of municipal water to the citizens of the City of East Providence; and
WHEREAS, said legislation will allow the Providence Water Supply Board to avoid the hearing process before the Public Utilities Commission to levy said increase on the cost of water to the City of East Providence.
NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council hereby declares its opposition to legislation establishing an 8% surcharge for water supplied by the Providence Water Supply Board to the City of East Providence.
BE IT FURTHER RESOLVED, that the East Providence City Council respectfully requests that the Rhode Island General Assembly oppose the passage of said legislation; and
BE IT FURTHER RESOLVED, that the City Clerk of the City of East Providence send a copy of this Resolution to the Governor, Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives and each Senator and Representative from the City of East Providence. (Requested by Mayor Joseph Larisa)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to approve.
Click here to view resolution
E. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on July 11, 2006 for a public hearing and consideration of Final Passage).
1) The following is an ordinance amendment regarding motorized mini bikes
SECTION I. Section 18-401 entitled “Findings and purpose.” of Article XIII entitled “Motorcycles and Off-highway Motor Vehicles.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended to read as follows:
Sec. 18-401. Findings and purpose.
(a) The city council finds that the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the limits of the city is and can be the cause of noise and dust and of the destruction of plants, landscaping, and other personal and real property, which conduct adversely affects the comfort and privacy of occupants and residents of the city. Additionally, the increased use of motorized play vehicles including but not limited to miniature motorcycles, motorized scooters and mini bikes on City property constitutes a safety hazard. Because this conduct may be intermittent, fleeting, moving, or caused by persons who are minors, the other provisions of this Revision, as well as other legal remedies are inadequate to control this conduct and its adverse effects. The provisions of this article relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.
(b) The city council declares that the purpose of this section is to exercise the general police power in order to promote public safety, protect the enjoyment and use of public and private property, to protect the right of privacy, to preserve property and personal values, and to promote peace and quiet within the city by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the city.
(c) This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway vehicles on streets and highways or in other areas which are specifically governed or preempted by the motor vehicle code or any other statutes of the state.
SECTION II. Article XIII entitled “Motorcycles and Off-highway Motor Vehicles.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:
Sec. 18-405. Motorized Mini Bikes.
It shall be unlawful for any person to operate a motorized device, including but not limited to miniature motorcycles, motorized scooters, or mini bikes:
(1) upon any public property including, but not limited to public streets, sidewalks, school property, playgrounds and parks;
(2) upon private property of another without express written permission of the owner or occupant of such property; or
(3) upon private property at such times to create unusual noise or danger, which may be a public nuisance or hazard, endangering the quiet, peace, or safety of persons inhabiting nearby residential buildings.
This section specifically excludes registered motorized scooters designed for seated operation, Electric Personal Assistive Mobility Devices including segways, motorized wheelchairs and motorized scooters designed for individuals with disabilities, or any other vehicle utilized by a disabled person as his or her only predictable means of transportation.
When a minor operates a motorized device, the minor’s legal guardian is liable and legally responsible for all injuries and damages caused by the minor’s operation of the motorized device, and for the minor’s violation of this section.
Any person convicted of willfully violating this section shall be guilty of an infraction punishable by a fine not to exceed one hundred ($100.00) dollars and/or a requirement to perform community service for a total time not to exceed twenty (20) hours over a period not to exceed thirty (30) days during times other than his or her hour of school attendance and employment. Each violation shall be a separate infraction. (Requested by: Chief of Police)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve for First Passage.
Click here to view ordinance
2) The following is an ordinance amendment regarding the Hazardous Materials Monitoring Program
SECTION I. Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended by adding thereto the following:
ARTICLE III. HAZARDOUS MATERIALS MONITORING PROGRAM.
Sec. 5-52. Purpose.
The declared purpose of this Article is:
(1) To provide for the establishment of a Program to monitor and permit establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled.
(2) To provide that said program be administered by the East Providence Fire Department.
(3) To provide that the Fire Department be assigned the responsibility to be the Emergency Response Agency and to direct and coordinate emergency response in the event of releases of hazardous materials.
Sec. 5-53. State Law Adopted by Reference.
The City of East Providence hereby adopts by reference the requirements of Rhode Island General Laws Title 28, Chapter 21, the Hazardous Substance Right to Know Act; the minimum standards for the management of hazardous and extremely hazardous waste as specified in Title 40 and 49 of the Code of Federal Regulations; and the requirements for hazardous materials release response plans and inventory law, Title 68 of the Code of Federal Regulations.
Sec. 5-54. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CAS Number means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
City means the City of East Providence.
Contingency Plan means a business plan or area plan setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment.
Emergency Response Agency means the Fire Department of the City of East Providence.
Extremely Hazardous Waste means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by hazardous waste because of its quantity, concentration or chemical characteristics.
Extremely Hazardous Materials means any material listed on the Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112(r) of the Clean Air Act.
Fire Chief means the Fire Chief of the East Providence Fire Department, or his duly authorized representative.
Handle means to use, generate, process, produce, package, treat, store, emit, discharge, retail incinerate, recycle or dispose of a hazardous material in any fashion.
Hazardous Material means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, "Hazardous Materials" include, but are not limited to. Explosives, radioactive materials, etiologic agents, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, Cryogenic materials, compressed gases. Any substances or material, which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III‑A combustible liquid. Any material which an agent of the local agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
Hazardous Materials Establishment means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled.
Hazardous Waste means a waste or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either: (a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
Underground storage tank means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.
Aboveground storage tank means any one or combination of tanks, including pipes connected thereto, which is used for storage of hazardous substances and which is substantially or totally above the surface of the ground.
The term Hazardous Waste shall be understood to also include Extremely Hazardous Waste, unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers.
Local Agency means the East Providence Fire Department of the City of East Providence.
MSDS means a Material Safety Data Sheet.
Sec. 5-55. Enforcement Responsibility.
(a) It shall be the duty of the Fire Chief, or his duly authorized representative to enforce the provisions of the Hazardous Materials Monitoring Program pertaining to hazardous wastes and hazardous materials and the minimum standards and any additional requirements specified in this Article.
(b) It shall be the duty of the Fire Chief, or his duly authorized representative to review and approve contingency plans to be implemented in the event of an unauthorized release.
(c) The local agency is hereby designated to be responsible for the administration and enforcement of the provisions of this Article.
(d) The local agency shall review and approve contingency plans required by and shall establish a citywide contingency plan to be implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises where the release occurred.
Sec. 5-56. Inspection of Hazardous Materials Establishments.
It shall be the duty of the local agency to make periodic inspections of all hazardous materials establishments in the City of East Providence. The local agency shall closely coordinate its inspection activities with other city departments and public agencies. Such inspections by other city departments and public agencies shall be coordinated so as to reduce duplication of effort and assure consistency of enforcement.
Sec. 5-57. Permit Requirement.
(a) It shall be unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials permit from the local agency.
(b) Owners and operators of permitted hazardous materials establishments shall report in writing any change of ownership, business name or address information within thirty (30 days of the occurrence of the change, and request an amendment to their permit or a new permit.
(c) No permit issued pursuant to this Article shall be transferable.
Sec. 5-58. Permit Application.
(a) Every applicant for a permit, required by this Article, shall file a written application, before commencing operation, on a form provided by the local agency and shall be accompanied by the appropriate fee. Those hazardous materials establishments in operation prior to the effective date of this ordinance shall file an application within thirty (30) days of notification by the City of Woonsocket.
(b) An application shall include, but not be limited to, the following information:
(1) The name and address of the property owner and the owner‑operator of the establishment;
(2) The address and location of the establishment activity;
(3) The name(s) and 24 hour phone number(s) of contact person(s) qualified and authorized to act as emergency coordinators;
(4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled;
(5) A MSDS for each hazardous material handled;
(6) The approximate annual quantity of each hazardous material handled;
(7) The maximum quantity of each hazardous material on the premises at any one time;
(8) A description of the hazardous material activity being conducted;
(9) A statement that appropriate permits to operate and discharge have been obtained from Federal, State, Regional and local agencies and a list of such agencies, permit number, permit type and expiration dates.
(c) A permittee shall notify the local agency, in writing, of any changes in items b (1) through b (9) above within thirty (30) days, and the local agency shall amend the permit accordingly.
Sec. 5-59. Permit Fee.
(a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this Article. The fee for a permit for Hazardous Use Permits shall be thirty dollars ($30.00). The fee for permit for Extremely Hazardous Materials Permits shall be one hundred dollars ($100.00). The City Council may provide for the waiver fees when a public agency makes an application for a permit or renews a permit.
(b) There shall be added to and collected with the permit or other fees a penalty equal to ten percent (10 %) of the fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in, which a delinquency continues, an additional ten percent (10 %) penalty shall be collected. In no event shall the total penalty exceed sixty percent (60%) of the permit fee.
(c) No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinued operation of the facility prior to expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.
(d) All fees collected under the provisions of this article shall be deposited in the “Hazardous Material/LEPC” account to used for but not limited to equipment, training, personnel, inspection, supplies, and other associated needs for hazardous materials and special operations for the local agency.
Sec. 5-60. Permit Renewal.
The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each seceding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July lst and expire on the following June 30th of each year. Permits that are not renewed by August 1st become delinquent and are subject to the penalties indicated in permit fees.
Sec. 5-61. Notice of Approval or Disapproval.
The local agency shall determined, after conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete and shall issue a written notice of approval or disapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
Sec. 5-62. Permit Revocation or Suspension.
The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of this Article or any referenced law of the State of Rhode Island. The permittee may appeal the ruling to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said ruling shall be deemed a waiver of the right to appeal.
Sec. 5-63. Responsibility for Proper Storage, Handling, Treatment and Disposal of Hazardous Material.
It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous material in a manner, which minimizes possibility of a fire, explosion or unplanned release, whether sudden or slow, into the air, soil or water.
Sec. 5-64. Requirement for Contingency Plan.
The owner or operator of each hazardous materials establishment permitted by this Article shall prepare and maintain a contingency plan which shall be filed with the local agency. The provisions of said plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous materials.
Sec. 5-65. Contents of Contingency Plans.
Contingency plans shall include, but not be limited to, the following information:
(a) General description of the establishment;
(b) A listing of the chemical name or common name of all hazardous materials generated or handled.
(c) A listing of a chemical and physical analysis for each hazardous material, including the known proper method(s) of handling treatment, storage, and disposal of the materials;
(d) A list of name(s), address(es) and day and night telephone numbers of persons qualified to act as emergency coordinators;
(e) A list of emergency response agencies with telephone numbers to be contacted in the event of a fire, explosion or unplanned release of hazardous materials;
(f) A description of procedures, equipment and materials to be used to contain and clean‑up spills of hazardous materials;
(g) A list, description and location of emergency equipment available at the facility that will prevent to mitigate the exposure of humans and the environment to hazardous materials;
(h) An evacuation plan for all buildings and premises;
(i) An identification of all access driveways which will be maintained and continually available for emergency response vehicles.
Sec. 5-66. Responsibilities of Emergency Coordinator(s).
Emergency coordinators shall have the following responsibilities in the event of a fire, explosion or any unplanned release of hazardous material:
(a) Assist the emergency response agency authorized officer by providing information and assisting in expediting appropriate evacuation plans.
Sec. 5-67. Notification of the Emergency Response Agency.
The emergency response agency shall be immediately notified of any release of hazardous materials.
Sec. 5-68. Materials Spills or Release.
The emergency response agency shall have scene management authority of hazardous materials spills or release on streets, roads, public and private property within the city limits of the City of Woonsocket. Other city departments shall assist by providing their normal support roles of perimeter control establishing access routes for emergency equipment, assisting in evacuations of non‑contaminated areas, providing equipment and personnel for containment and clean‑up as directed by the authorized officer. The emergency response agency shall consult with scene manager, take samples, and make tests and otherwise assist in evacuations.
Sec. 5-69. Personnel Training.
The establishment operator shall be responsible for the training of all personnel that work with hazardous materials at the establishment. The training shall include classroom or on‑the‑job instruction, which teaches facility personnel hazardous material management safety procedures, contingency plans and laws relevant to the positions in which they are assigned. Records shall be maintained by the establishment operator of names of personnel receiving training, dates of instruction and subject matter.
Sec. 5-70. Requirements for the Termination of Hazardous Material Activities or Closure.
The owner or operator of a hazardous materials establishment shall notify the local agency at least thirty (30) days before the date of termination of hazardous material activities or closure and apply for a Certificate of Closure. If the owner or operator has less than thirty (30) days advance knowledge of closure, he shall notify the local agency on the next working day after receiving such information.
Sec. 5-71. Removal Requirement.
Within ninety (90) days of closure of termination of hazardous material activities, all hazardous materials and hazardous material residues shall be properly removed from equipment, structure and premises.
Sec. 5-72. Requirement for Certification of Closure of Hazardous Material Activities.
(a) Both the owner and operator of a hazardous materials establishment and a chemist with an appropriate degree in chemistry shall submit to the local agency a certification that the establishment has complied with removal. The certificate shall detail the method of sampling or testing, as well as clean‑up procedures followed. The disposition of hazardous materials formerly stored at the establishment shall be stated in the report.
(b) The premises shall not be reoccupied until the Certificate of Closure is approved by the local agency.
Sec. 5-73. Variance Applications.
(a) Any permit holder or permit applicant may apply to the local agency for a variance from specific requirements of this Article.
(b) Variances will be considered based on the submission of clear and convincing justification or evidence that the granting of a variance will not pose a significant threat to public health, public safety, or the environment. Should the variance be denied, the applicant may appeal the denial to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
(c) Variances may be revoked by the local agency upon ten (10) days written notice sent to applicant by regular mail at applicant's last address contained in applicant's last filed application. Said variance may be revoked because of operational changes such as, but not limited to, a change in the justification or evidence submitted with the original variance application, or for violations of applicable laws and/or regulations.
Sec. 5-73. Further Regulations.
The local agency may promulgate regulations to further refine or clarify the requirements of this Article. Such regulation shall be contained in a resolution and shall be effective after the approval by the City Council. Upon approval, such regulations shall have the same force and effect as other provisions of this Article.
Sec. 5-74. Applicability of Other Laws and Regulation.
Laws and regulations of other State, Regional and local agencies may apply.
Sec. 5-75. Unsafe Handling of Hazardous Materials, Notices, Penalties.
The local agency is authorized to issue written orders to comply with provisions of this Article in cases where in the judgment of the local agency hazardous material is being improperly handled, used, stored or disposed of. Failure to comply with written orders issued by the local agency within the time specified could result in permit suspension or revocation and/or the assessment of civil penalties, fines, and imprisonment.
Sec. 5-76. Penalties for Violation.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a period of not more than six (6) months, or by both such fine and imprisonment.
Sec. 5-77. Reimbursement for costs associated with the release or threat of release of any hazardous material.
(a) Any person or entity who causes or is legally responsible for a release or threat of release of hazardous material, oil or gasoline shall be liable, without regard to fault, for all costs of assessment, containment, and removal incurred by the City of East Providence in connection with such release or threat of release.
(b) All fees will be in accordance with the latest Emergency Response Fee Schedule (ERFS) for hazardous materials incidents recommended by the Rhode Island Association of Fire Chiefs Inc.
(c) Costs of assessment, containment, and removal, shall include, but not limited to.
(1) Personnel costs for all city personnel involved in the activities as per the ERFS.
(2) All apparatus response required for activities as per the ERFS.
(3) All costs for disposable materials used in the activities at catalogue price
(4) All costs for repair/replacement of equipment or materials damaged in the activities.
(5) Any other costs incurred by the City such as replacement personnel, rental of equipment, etc.
(d) For the purposes of this ordinance, “hazardous material” shall be any material designated as “hazardous” by the United States Department of Transportation listed in the Hazardous Materials Table, 49 CFR 172.101.
All fees collected under this section shall be deposited in the “Hazardous Material/LEPC 9” account to used for but not limited to equipment, training, personnel, inspection, supplies, and other associated needs for hazardous materials and special operations for the local agency. (Requested by: Fire Chief)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
On Sec. 5-58 (a) change “City of Woonsocket” to “City of East Providence”
On Sec. 50-68 change “City of Woonsocket” to “City of East Providence”
On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve for First Passage with the above changes.
Click here to view ordinance
3) The following is an ordinance amendment regarding public urination
SECTION I. Section 9-2 entitled “Disorderly or indecent conduct.” of 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:
(8) Urinates or defecates on any public street, alley, sidewalk, or floor of any public building or building where the public gathers or has access, or on any private property. (Requested by: Chief of Police)
On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve for First Passage.
Click here to view ordinance
F. COMMUNICATIONS
Kathy Santos, 4 Thurston Street. To discuss vandalism on planter at Circuit Dr. and Thurston St. and other items in the area.
Ms. Santos was not able to attend tonight’s meeting – removed without objection.
Charles Mello, Jr., 8 David Street. To discuss the matter of voter initiative at the local level.
Mr. Mello discusses the importance of voter initiative. The advantage of placing it on the ballot in November would allow people their constitutional right to petition the government and shows those chosen to represent them that maybe things have changed since they were elected. It would also allow people to be more involved and create more participation. If the Council were to approve this, it would show us all that they don’t fear sharing the power and want to listen to what people have to say. I recently proposed this idea to the Council and all but one has responded, one seems to be in favor, one is on the fence about it and one objected to it.
Councilman Midgley states he should have responded back and apologizes for not doing that. No one called me on this issue. It’s not a burning issue in Ward 4 or with me. To say listening to people’s views on matters, you saw here tonight where people came up on the water issue and there was no denial of letting people speak their minds on their issue.
Councilman Caine states he hasn’t received any calls or e-mails regarding this issue from anyone either. We live in a represented democracy and that happens every two years. It becomes a singular issue as opposed to taking an interest in government in general. It is something I won’t support.
Councilwoman Perry states she’s held mock council meetings with third graders and has told them the importance of participation in government. It is very, very important and I agree with voter initiative, I don’t have a problem with it. I think it’s important for people to be here and wish that the room were filled for every single council meeting.
Mayor Larisa asks if any community anyone adopted voter initiative at the city level? Mr. Mello would need to look into that, but thinks no. Mayor Larisa states he thinks no too. The reason for voter initiative is because of a non-responsive legislature. I’m in favor of voter initiative. Do people have the right to petition and that could be due to a number of reasons. This Council, unlike the last one, doesn’t cut anyone off. Everyone gets to speak, even if you are not on the docket. We let all the neighbors speak here tonight on the water issue in their area. We insist you don’t interfere with someone’s right to speak; you can speak, but don’t take all the time so we can have others speak. The question would be what issues are the Council not addressing that the people demand should be on the docket? I really haven’t seen any of these issues. We’re putting on the November ballot for charter amendment that teacher contracts and all collective bargaining agreements should be approved by the people who approve the tax increases. I do like voter initiative because it alerts the elected officials that the people want the issue addressed and if you don’t address it, we can go around you and do this. The City Solicitor would need to advise us if voter initiative at the local level would be legal or not.
Thelma Dufresne, 2407 Pawtucket Avenue. Asking for an ordinance amendment regarding the distance between property lines and trees or shrubs being planted.
Ms. Dufresne states she is here regarding upkeep of property lines. A neighbor’s shrubs have ruined her fence. If a shed is required to be five feet from the property line, so should everything else. We need to update the ordinances. I’ve tried speaking the neighbor and with community police on the issue and it hasn’t been resolved. The law is four feet high, which is still too high, because it interferes with the driveway clearance and is difficult to see pulling in and out.
Mayor Larisa states we shouldn’t even have these issues if people would have common courtesy with their neighbors and maintain their property. If you hired a lawyer and went to court you would have a good shot at getting a new fence because the trees are damaging your fence. It’s a tough situation. You could try community police again to see if you can work something out.
On motion of Councilman Midgley, seconded by Councilman Caine 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.
The open meeting recesses at 11:30 p.m. and goes into executive session at 11:34 p.m. Executive session adjourns at 11:50 p.m. The Open Meeting reconvenes and adjourns at 11:51 p.m.
Attest:
_________________________________
Dana L. Toy
City Clerk
Approved: July 11, 2006