| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING JANUARY 20, 2009 | |
I. The City Council meets in the Council Chambers on Tuesday, January 20, 2009 and Mayor Joseph S. Larisa calls the meeting to order at 7:33 P.M.
II. The invocation is read by Councilman Cusack and the Salute to the Flag is led by Councilman Coogan.
| Present: | Mayor Joseph S. Larisa | ) | Council Members |
| | Robert E. Cusack | ) | |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Brian G. Coogan | ) | |
| | Richard M. Brown | ) | City Manager |
| | James P. Briden | ) | City Solicitor |
| | Kim A. Casci | ) | City Clerk |
III. CONSENT CALENDAR
A. CANCELLATION/ABATEMENTS (requested by Tax Assessor)
| YEAR | AMOUNT |
| 2007 | $201.08 |
| 2008 | $2,763.32 |
| | |
| Total | $2,964.40 |
B. Letters
1. Coastal Resources Management Council, Notice of Violation, 18 Riverside Drive (02915) Plat 414, Lot 23-5.
2. Coastal Resources Management Council, Cease and Desist Order, 6 Riverside Drive (02915) Plat 414, Lot 23-4.
C. Vict/not over 25
1. Salameh Enterprises, Inc. d.b.a. Salami Pizzeria, 82 Warren Avenue (02914)
D. Alcoholic Beverage ClassF-1 January 25, 2009
St. Francis Xavier, Parish Anniversary Dinner, 81 North Carpenter Street (02914)
E. Alcoholic Beverage Class F-1 February 7, 2009
1. St. Francis Xavier, Valentine Dinner Dance, 81 North Carpenter Street (02914)
Motion to approve the Consent Calendar by Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll call vote, it is unanimously approved.
IV. PRESENTATIONS
Honorary Council Chair Presentations:
Dr. Isadore Ramos – Council at-Large, Mayor 2006-2008
V. APPOINTMENTS
A. Carousel Commission Re-Appointment (Councilwoman Perry)
Chris Russo, 400 Dover Avenue (02914)
On motion by Councilwoman Perry, seconded by Councilman Cusack, and on a vote, it is unanimously approved.
B. Municipal Court Bailiff – replaces Brian Costa (by Councilman Coogan)
John Medeiros, 291 Grosvenor Avenue, 02914
On motion by Councilman Coogan , seconded by Councilman Cusack, and on a vote, it is unanimously approved.
VI. LICENSES NOT REQUIRING PUBLIC HEARING
A. Gatherer
1. John E. Camp, 103 Oak Avenue (02915)
Mr. Camp did not appear for a second time before the Council, Mayor Larisa asked the item be removed from the docket. On a motion by Councilman Cusack, seconded by Councilman DiTraglia, and on a unanimous vote the item is removed. Mayor Larisa stated Mr. Camp can reapply at anytime.
VII. PUBLIC HEARINGS ORDINANCES - FINAL PASSAGE
A. Ordinances – Final Passage
1. The following is an ordinance pertaining to handicapped parking on North Rose Street. (Given first passage January 6, 2009. Advertised – Providence Journal - January 9, 2009 )
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Section 18-315 entitled “Same-Handicapped parking” by adding thereto the following:
North Rose Street (west side), from a point 92 feet south of the intersection with Grosvenor Avenue, for a distance of 20 feet.
On a motion by Councilman Cusack, seconded by Councilman DiTraglia, and on a roll call vote it is unanimously approved.
2. The following is an ordinance pertaining to handicapped parking at 104 Arlington Street. (Given first passage January 6, 2009. Advertised Providence Journal – January 9, 2009)
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Section 18-315 entitled “Same-Handicapped parking” by adding thereto the following:
Arlington Street, in front of house number 104.
On a motion by Councilman Cusack, seconded by Councilwoman Perry, and on a roll call vote it is unanimously approved.
3. The following is an ordinance pertaining to a one-way street sign during school days, 8:00am-9:00am and 2:00pm-3:00pm for Whiteknect Elementary School. (Given first passage on January 6, 2009. Advertised Providence Journal January 9, 2009)
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Section 18-247 entitled “Designation of one-way streets” by adding thereto the following:
Grosvenor Avenue (eastbound) from North Hull Street to North County Street during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m., school days.
Requested by: Councilman Coogan
Councilman Coogan reiterated this is a safety issue for the children. This is the only school in the City without a one way during the school hours of 8:00 am-9:00 am and 2:00 pm-3:00 pm.
On a motion by Councilman Coogan, seconded by Councilwoman Perry, and on a roll call vote it is unanimously approved.
The following is a zoning ordinance pertaining to flood hazard areas. (Advertised Providence Journal - January 2, 12, 16, 2009)
On a motion by Councilwoman Perry to dispense with the reading of the ordinance, seconded by Councilman Cusack, and on a roll call vote it is unanimously approved.
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Section 19-306 entitled “Areas subject to flooding” of Division 12 entitled “Flood Hazard Areas” of Chapter 19 entitled “Zoning” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is deleted in its entirety and replaced with the following:
DIVISION 12. SPECIAL FLOOD HAZARD AREAS AND FLOOD FRINGE LANDS
Sec. 19-306. Purpose.
The purpose of this Article is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment and to maintain the capability of floodplains to retain and carry off floodwaters.
Sec. 19-307. Applicability.
(a) The City elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program, established in the aforesaid act, provides that areas of the City having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The requirements of this article shall apply to any construction or other development which lies wholly or partly within an area of special flood hazard, as identified as Zone A, AE, AH, AO, A1-30, A99, V, V1‑30, VE on the Flood Insurance Rate Map and Flood Hazard Boundary Map prepared by Federal Emergency Management Agency dated March 2, 2009. Said Flood Map, including any amendments adopted after the date hereof, is hereby made part of this Article. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study booklet revised March 2, 2009.
(b) The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection. If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall control.
(c) For the purposes of this section, "other development" shall be defined as any action exclusive of that which requires the issuance of a building permit under the Rhode Island State Building Code. Such other development shall include, but not necessarily be limited to, the following:
(1) Earth, gravel or mineral removal or extraction.
(2) Alteration of the topography by cutting, filling or grading.
(3) Storage of bulk materials outside of a structure.
(4) Construction or placement of facilities or improvements not normally requiring a building permit.
(d) The requirements set forth in this Article shall be in addition to any applicable requirements in this chapter and in any other regulation which may be applicable. Additionally, more stringent requirements shall apply to coastal high-hazard areas which are defined as those special flood hazard areas along the City's coastline which are subject to high-velocity waters from hurricane wave wash and wave run-up as designated as Zone V 1 - 30 on the Flood Map (hereinafter referred to as the "V-Zone").
Sec. 19-308. Definitions.
Unless specifically defined below, words and phrases used in this ordinance pertain to floodplain management, have the same meaning as they have in common usage and to give this ordinance it’s most reasonable application.
Accessory Structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. See Special Flood Hazard Area.
Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FEMA)
Base Flood Elevation (BFE) means the elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Building. See Structure.
Cost means as related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor’s estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor’s overhead; contractor’s profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.
Development means any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Dry Flood proofing means any combination of structural and non-structural protection measures incorporated in a building that is not elevated above the base flood elevation that keeps water from entering the building to prevent or minimize flood damage. Note: For insurance purposes, a dry flood proofed, non-residential structure is rated based on the elevation of its lowest floor unless it is flood proofed to one foot above the BFE.
Existing Manufactured Home Park or Manufactured Home Subdivision means a manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Existing Manufactured Home Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program (NFIP).
Finished Living Space means Fully enclosed areas below the base flood elevation (BFE) that are not considered a basement cannot have finished living space and needs to be designed to be exposed to flood forces. These spaces can only to be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Boundary and Floodway Map (FBFM) means the official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the limits of the regulatory floodway and 100-year floodplain.
Flood Insurance Rate Map (FIRM) means the official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.
Flood Insurance Study (FIS) means the official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. For the purposes of these regulations, the term “Regulatory Floodway” is synonymous in meaning with the term “Floodway”.
Functionally Dependent Use or Facility means a use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
Highest Adjacent Grade (HAG) means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the
Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
Manufactured Home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property.
Manufactured Home Park or Manufactured Home Subdivision means a parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.
Market Value means market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property’s tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure’s Actual Cash Value.
Mean Sea Level (MSL) means average height of the sea for all stages of the tide, usually determined from hourly height observations over a 19-year period on an open coast or in adjacent waters having free access to the sea. The North American Vertical Datum (NAVD) of 1988 (or other datum where specified) to which base flood elevations shown on a community Flood Insurance Rate Map (FIRM) are referenced.
New Construction means structures for which the “start of construction” commenced on or after effective date of floodplain regulations, and includes any subsequent improvements to such structures.
New Manufactured Home Park or Manufactured Home Subdivision means a manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.
Recreational Vehicle means a vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodway. see Floodway.
Sand Dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Sheet Flow Area. See Area of Shallow Flooding.
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the Coastal High Hazard Areas shown as Zones V, V1-30, and VE on a FIRM. The SFHA is also called the Area of Special Flood Hazard.
Start of Construction means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; not does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
Substantial Damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement means any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten (10) year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure as determined at the beginning of such ten (10) year period. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed. For purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic” structure, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
Variance means a grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.
Violation means failure of a structure or other development to be fully complaint with the community’s floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.
Water Surface Elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Wet Flood proofing means measures designed to minimize damage to a structure or its contents by water that is allowed into a building.
Sec. 19-309. Permit required.
(a) Except where construction is covered by a building permit or by approval of a subdivision plat by the East Providence Planning Board, any other development shall require the issuance of a development permit by the Building Official or designee. Said permit shall be in a form authorized by the City Council.
(b) The application for a flood hazard development permit shall be submitted to the code enforcement officer and shall include:
(1) The name and address of the applicant;
(2) An address or a map indicating the location of the construction site;
(3) A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;
(4) A statement of the intended use of the structure;
(5) A statement as to the type of sewage system proposed;
(6) Specification of dimensions of the proposed structures;
(7) The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;
(8) Base flood elevation data for all new, relocated or substantially improved structures;
(9) The elevation (in relation to mean sea level) to which the structure will be flood proofed;
(10) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(c) Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.
Sec. 19-310. Permit fee.
A permit fee (based on the cost of the construction) may be required to be paid to the City of East Providence and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals require the assistance of a professional engineer.
Sec. 19-311. Review of flood hazard development permit applications.
The Building Official or designee shall:
(1) Review all applications for flood hazard development permits to determine that all pertinent requirements as described in Section 19-312 have been or will be met;
(2) Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study—City of East Providence, Rhode Island, Providence County," as described in Section 19-307.
(3) Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in Section 19-307;
(4) In A Zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for flood proofing or elevating non-residential structures to or above the base flood level.
(5) In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;
(6) Notify adjacent municipalities, the state department of environmental management and the state bureau of civil emergency preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and
(7) Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.
Sec. 19-312. Development standards.
The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in Section 19-307. Please also refer to the current Rhode Island State Building Code, One and Two Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical for state standards. The Coastal Resource Management Council (CRMC) may also require special permits for development on the coastal feature.
(a) The use shall be permitted in the zone in which the property is located.
(b) Areas subject to hurricane tidal flooding lying ten feet or less above mean sea level shall not be used for any purpose except the following:
(1) Parks operated by a government grant;
(2) Non-building uses such as farming, bathing beaches or picnic areas;
(3) Beach cabanas, not intended for human occupancy;
(4) Marinas, yacht clubs, boat docks, launching ramps, marine terminals and bulkheads;
(5) Lighthouse, sea wall, breakwater, jetty or other protective structure;
(6) Other similar uses to those contained in subsections (b)(1) through (b)(5) of this section.
(7) Outdoor storage, provided that such material does not include water-soluble materials, volatile or flammable materials, acids or poisons; and provided that such business or industrial outdoor open storage of materials that are buoyant in water shall be adequately secured or protected so that they will not leave the premises upon the action of wind, wave or high water.
(c) No watercourse may be altered in a manner which will, in the opinion of the Building Official or designee, result in any decrease in the capacity of the watercourse, and no land shall be graded or altered in such a manner as to increase the base flood elevation within the City of East Providence. Any application for a zoning permit involving watercourse alterations under this section shall be accompanied by a duly certified affidavit by the applicant attesting that the Rhode Island Statewide Planning Program, Coastal Resources Management Council, Department of Environmental Management, Federal Insurance Administrator—U.S Dept. of Housing and Urban Development, Federal Emergency Management Agency, and neighboring communities have been notified of the pending watercourse alteration.
(d) In a regulatory floodway, any encroachment is prohibited which would cause any increase in the Base Flood level unless hydrologic and hydraulic analyses prove that the proposed encroachment would not increase flood levels during the Base Flood discharge.
(e) The filling or excavation of land may be permitted only under the following conditions:
1. Said action will not encroach upon a watercourse.
2. Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the Building Official or designee shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.
(f) Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to: fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.
(g) The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in Section 19-307.
(h) Construction methods and practices shall be used that minimize flood damage.
(i) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located to prevent water entry to accumulation.
(j) Onsite waste disposal systems shall be located and designed so as to avoid impairment of them or contamination from them during flooding.
(k) The methods of water supply and sewage disposal system shall be adequate and flood proofed up to the level of the base flood elevation (BFE) in such a manner as to minimize or eliminate the infiltration of floodwaters into the systems and discharges from systems into floodwaters.
(l) Base flood elevation data is required for subdivision proposals or other development greater than 50 lots or five (5) acres.
(m) In addition to the foregoing, in a V-Zone, the following requirements shall apply to any proposed development:
- The alteration of sand dunes, where existing, is prohibited.
- All new construction shall be located landward of the reach of mean high tide.
Sec. 19-313. Specific Standards.
(a) Construction Standards in Special Flood Hazard Areas (SFHA), Zones A, A1-30, and AE.
(1) Residential Construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE).
(2) Non-Residential Construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or non-residential structures shall:
a. Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or
b. In lieu of being elevated, non-residential structures may be dry flood-proofed to one (1) foot above the BFE provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Rhode Island registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice or meeting the provisions of this section. Such certification shall be provided to the Building Official or designee.
(3) Fully Enclosed Areas Below The Base Flood Elevation Of Elevated Buildings.
All new construction, substantial improvements, or repair of substantial damage to residential or non-residential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building, shall be designed to preclude finished living space and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet flood-proofing). Designs for complying with this requirement must either be certified by a Rhode Island registered professional engineer or architect, or meet the following minimum criteria listed in sections a. through g. below:
a. Provide a minimum of two (2) openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required;
b. The bottom of all openings shall be no higher than one (1) foot above grade. At least one side of the structure’s fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building;
c. The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the Building Official or designee.
d. The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;
e. All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage.
f. Electrical, plumbing, machinery or other utility equipment that service the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates.
g. A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Sections 19-313 (A.3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood resistant materials. Garages attached to non-residential structures must also meet the aforementioned requirements or be dry flood proofed as per the requirements of Sections 19-313 (A.2).
h. Plans concerning the means by which structures and all attendant utility and sanitary facilities shall be secured, protected and flood proofed shall be prepared by registered professional engineer, submitted to the Zoning Officer and approved by the City Engineer before any permit is issued or construction commenced.
(4) Manufactured (Mobile) Homes and Recreational Vehicles (RVs).
a. In all Special Flood Hazard Areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.
b. All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
c. All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than ten (10) feet apart, and reinforcement is provided for piers more than six (6) feet above ground level.
d. Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days, and (ii) be fully licensed and ready for highway use, OR (iii) be elevated and anchored. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
e. Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.
(5) Accessory Structures. Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:
a. The structure is no more than 500 square feet and has a value less than $3000.
b. The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
c. The structure is used solely for parking of vehicles and/or limited storage.
d. The accessory structure must be wet-flood proofed and designed to allow for the automatic entry and exit of flood water.
e. The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
f. Service facilities such as electrical, mechanical and heating equipment must be elevated or flood proofed to or above the base flood elevation.
g. The structure must comply with the floodway encroachment provision in Section 19-312 (B).
(b) Additional Construction Standards in Coastal V-Zones.
(1) Residential and Non-Residential Construction.
In V1-30, VE, and V-Zones, the elevation of the bottom of the lowest horizontal structural member of the lowers floor of all new and substantially improved structures shall be obtained and maintained. Further, all new construction, substantial improvements:
a. Shall be elevated and secured to anchored pilings or columns so that the bottom of the lowest horizontal structural member is at or above the Base Flood Elevations (BFE);
b. Shall be certified by a registered professional engineer that the design and methods of construction meet elevation and anchoring requirements;
c. Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage;
d. Shall not utilize fill for structural support.
(2) Manufactured Homes. Manufactured homes placed or substantially improved within V1-V30, VE, and V-Zones, which meet one of the following criteria, shall meet the V-Zones standards.
a. Outside a manufactured home park or manufactured home subdivision;
b. In a new manufactured home park or manufactured home subdivision;
c. In an expansion to an existing manufactured home park or manufactured home subdivision;
d. On a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.
In V1-30, VE, and V-Zones, manufactured homes shall be placed or substantially
improved in an existing manufactured home park to be elevated so that:
a. The lowest floor is at or above the Base Flood Elevations; OR
b. The chassis is supported by reinforced piers no less than 36 inches in height
above grade and securely anchored.
(3) Recreational Vehicles. In V1-30, VE, and V-Zones, all recreational vehicles to be placed on a site must:
a. Be elevated and anchored; OR
b. Be on the site for less than 180 consecutive days; OR
c. Be fully licensed and highway ready.
Sec. 19-314. Variance.
(a) The Zoning Board of Review may hear and grant a variance as prescribed in this section subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said section, the Board shall undertake the following in granting a variance from the provisions of this Article:
(1) Describe in its decision the exact extent of the variance granted.
(2) Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25 per $100 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.
(3) Forward a copy of its written decision and findings to the applicant, the Building Official or designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the Town to the Administration.
(b) No variance may be granted which will result in any increase in flood levels.
Sec. 19-315. Enforcement.
(a) It shall be the duty of the Building Official or designee to enforce the provisions of this article. If the code enforcement officer finds that any provisions of this article are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.
(b) When the above action does not result in the correction or abatement of the violation, the municipal officers, upon notice from the code enforcement officer, are hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to the enforcement of this article. Any person who continues to violate any provision of this article after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of $500.00 for each violation. Each day such a violation is continued is a separate offense.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
Wayne Barnes is called to give background on the ordinance. RI DEM is coordinating the effort to update flood ordinances in order to comply with the new updated FEMA rate maps which are due to be adopted on March 2, 2009. The City needs a FEMA compliant ordinance in order to continue to be a participant in the national flood insurance program. Standard homeowners insurance does not cover for flood damage, this is what the nation flood insurance program is for and it is available to all residents in the city. Any federally backed mortgage in a flood zone is required to purchase flood insurance. The ordinance must be passed before going for FEMA approval. To ease the financial burden on city residents this program allows the City to become a member of the community rating system. This will help residents who have flood insurance to receive a discount on their rates. The new maps will be better to read. There are expanded sections on construction standards in flood zones. Also includes flood proofing new buildings. The language in the new ordinance is FEMA compliant.
Councilman DiTraglia asked what the cost for those without flood insurance would cost them. Wayne indicated that it would be in the range of a couple hundred to several hundred dollars depending on the size of the property.
Councilman Cusack asked if the current use of a piece of property in the flood zone is not a permitted use and a claim is filed would it not be covered. Wayne indicated that would be reviewed on an individual basis, most are grandfathered in.
Mayor Larisa asked if the City adopts the ordinance and then takes several other steps would homeowners receive a discount by the points the City earns? Wayne responded yes, this is the community rating system, by accumulation of points as well as educational activities on flood zones hurricanes and other issues. Only 3 communities in the state have this Narragansett, North Kingstown and Middletown who now have achieved a discount on rates. The Mayor asked for a time line and Wayne indicated within the year.
On a motion by Councilman Cusack, seconded by Councilman DiTraglia and on a roll call vote it is unanimously approved.
VIII. NEW BUSINESS
A. REPORTS OF OTHER CITY OFFICIALS
CITY MANAGERS REPORT – Richard Brown
Gasoline and Diesel Contract, Buckley Energy Group Ltd.
The City of East Providence through RI Municipal Purchasing with the City of Warwick as the lead agency, solicited bids, recommending the Buckley Energy group be awarded a contract for those products from January 1 – December 31, 2010. This is an index bid, the City purchases the gas and oil based upon the wholesale price, actually paying .0117 per gallon below the low tank car prices. The City Manager asked for approval to award the contract.
Mayor Larisa asked with all the consolidation the League is doing with electricity and other products why haven’t they gotten together on this issue?
The City Manager stated this is not a league but in essence is the same thing, the City gets a discount below the current rate.
Mayor Larisa asked if anyone is entering into fixed pricing for gasoline and the City Manager indicated if they do it would be a higher price than this.
On a motion by Councilwoman Perry, seconded by Councilman Coogan and on a roll call vote it is unanimously approved.
B. CLAIMS COMMITTEE – James A. Briden City Solicitor
1. BEEDE WASTE OIL SUPERFUND SITE
Oral Status Report
Motion by: Councilwoman Perry Seconded by: Councilman Coogan
Motion: Accept the oral status report. Unanimous.
2. RACHEL BROADBENT $461.89
RM No. 08-100, Claim No. 08-054
Claim for damage to vehicle allegedly due to a series of dips and potholes at the intersection of North Broadway and Roger Williams Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman DiTraglia Seconded by: Councilman Cusack
Motion: Deny the claim. Unanimous.
3. DIANE M. CONNORS $540.19
RM No. 08-099, Claim No. 08-055
Claim for damage to vehicle sustained when a City snow plow hit an object in the road causing the plow to pull to the left scraping the bumper of the claimant’s vehicle.
Motion by: Councilman Coogan Seconded by: Councilman DiTraglia
Motion: Request that claimant obtain two more estimates and pay the lower of the three. Unanimous.
C. COUNCIL MEMBERS
4. Federal Stimulus package – Submission of Multi-Purpose Center Project (by Mayor Larisa)
President Obama has a proposal for a stimulus package and is soliciting projects from across the country and one of the specifics of these is that they be ready to go. The City has a number of projects ready to go and we also have the Multi-Purpose Center project. This is a long shot but there is no reason why our community shouldn’t put our Multi-Purpose Center in with other projects from around the country.
Councilman DiTraglia asked if it will be 100% funded by the Federal Government?
Mayor Larisa said yes that is what we are asking.
Councilman DiTraglia asked if there are other projects the money could be used for.
Mayor Larisa said any projects ready to go can be submitted and the City is submitting several and any others ready to go can be submitted.
Councilwoman Perry agrees it would be a wonderful idea and recognized the grass roots organization in the community that have been trying to get this built. It will bring hope to the community.
Councilman Coogan wanted to know who would build it?
Mayor Larisa said we would go to bid according to our Charter.
Councilman Coogan wanted to know if the jobs could be kept to those in the City?
Mayor Larisa believes this cannot be limited to East Providence according to the rules governing the bid process.
The City Manager stated the purpose of the stimulus money is to employ people in the area it is benefiting but because it’s federal money the City will have to comply with proper bid regulations. The City will certainly try to keep it to a company in RI while following those guidelines.
Councilman Cusack reminded residents that although the Multi-Purpose Center was approved on the ballot as a bond the City didn’t have the money to pay for the bond. This would be a good use of federal funds if it was awarded. The Center would be well used and a benefit to the Community.
On a motion by Councilwoman Perry, seconded by Councilman Cusack and on a roll call vote it is unanimously approved.
5. The Truth Again – cost to taxpayer of School Committee “offer” and arbitration decision. (by Mayor Larisa)
The Council and School Committee are in a difficult position. It’s great when there is money, when the City is growing and property values are going up. But none of these things are happening. State has cut off aid. Revenues are not increasing. Health care, pensions are all going up. Tax payers are paying 3.5% each year. Many want 0%. The Council is responsible for balancing the interest of tax payers and running the City and Schools. There will be an actual reduction in the combination of teacher salary and benefits for the first time ever. The City would need 2 years of 10% tax increases $400-$600 hundred for each homeowner for the rest of their lives. Businesses are laying off workers every day. The City is trying its best to keep necessary services and keep all employed but everyone has to step up and share. The City can’t live with the arbitrator’s decision, information and analysis regarding this is on the City’s website. City, fire and police have been paying a co-pay for the last three years. The Arbitrator’s decision in year one would save $274,000 but the City would still be $3 million in debt. In year two it would cost the City $500,000 due to the proposed salary increase, which swallows the 5% co-pay. In year three, with the salary increases alone the cost is $1.6 million dollars. In the past, the City could add extra money to school funding and it has but that is not an option right now. The City has not underfunded education. The mismanagement which happened was entering into a three year contract extension that was never affordable. The City and School Committee elected at that time agreed to the contract extension, that agreement is largely the cause of the crisis the City is currently in.
Councilman Cusack stated under RI State Law the maximum property taxes can be increased is 5%. Is it true we would only generate $900,000 if we were to go up to this level?
Mayor Larisa responded, yes, between $500,000-$600,000, for every 1% we raise taxes.
Councilman Cusack stated the School Department is currently being sued for unpaid bills totaling $4 million. Largely from special needs students bused to other schools, such as the Groden School and Bradley. There is the possibility of creditors going directly to the State and garnishing funds for the City before they even get here. Also having to be factored in is the $2.2 million the Governor is cutting in State aid to the City. The City needs so much relief now from all of our employees, most of what a City expends is personnel costs because a City is a service organization, therefore if the City is right now in the hole $10 million this is a crisis of enormous magnitude. The $10 million dollars does not include repairs to school buildings some of which are not meeting current fire code.
Councilman Coogan was recognized and stated teachers are trying to make ends meet too. However, there is just no money. The City and the taxpayers can’t take this kind of hit. The whole City is going to have to come together to make this work.
Councilman Cusack asked when is it that the City would run out of money and no longer be able to pay employees? The City borrowed money in anticipation of taxes and revenue sharing from the State, this revenue sharing, which we have now found out won’t materialize. At some point the Council needs to have analysis done by Finance Director McDonald.
Mayor Larisa added the solution proposed by the School Committee is to erase $3 million from a projected $4.2 million debt. The City looking for other avenues for the remaining money, including meeting with the legislative delegation to discuss relieving the City of underfunded mandates. In 2003, there were $2.3 million in tuitions, this year there are $8.5 million and these mandates are contributing to the City’s debt. Regarding the consultant’s report a few years ago, the School Department was underfunded in that the funds from the State do not cover the mandates so there is not enough money to fund education. So either the State or the tax payers have to pay more, the State did not pay more and the tax payers have already been giving 3.5% each year. There just simply isn’t enough money to cover all the spending.
The Council unanimously agreed to let anyone come up to speak regarding this issue and a number of people, both teachers and non teachers came up to speak.
6. Teachers’ Union v. Taxpayers and Teachers – the Cause of the Deficit. (by Mayor Larisa)
Mayor Larisa covered this issue along with the previous issue.
7. The New City Deficit – $2.2 million in the Governor’s Supplemental – and Scrutiny of City side spending (SRO memo). (by Mayor Larisa)
Due to the City’s fiscal year end date, which is different than other communities we have a few extra months to find out how to deal with the $2.2 million dollars in cuts. In addition, the Governor is proposing $1.8 million in cuts to schools. However, he has also proposed pension savings, but we don’t know yet if the General Assembly will approve those savings. The City Manager is working on a savings plan there may be layoffs at some point. Mayor Larisa requested a memo on the School Resource Officers. Federal money was sent originally for a few years but then the City was on its own and although they were kept in the budget on the City side but it may be a luxury the City can no longer afford.
This may save the City $100,000 and the Council would like more information on this.
City Manager the previous School Committee did not favor removing the School Resource Officers, however this will be revisited. Also, when meeting with the Legislative Delegation on Friday to let them know that they need to give Cities the tools to manage the cuts. In addition the Mayor and City Manager will be meeting with the Governor this week and providing feedback from the local level.
Councilman Cusack asked at what level schools do the Resource Officers work?
The City Manger responded the two middle schools and the high school.
Councilman Cusack asked if they can look at eliminating just the middle schools.
The City Manager stated all will be included in the memo and options.
8. Legislative Breakfast and EP Legislative Package. (by Mayor Larisa)
It will be the Council, School Committee and City Manager’s job at this meeting to let the Legislative Delegation know that the City needs the tools to effectively manage personnel. These mandates include at the end of a bargaining agreement a minimum of 25% co-pay. In the private sector there is a variation of menus to choose from such as 25% of a lower level health care plan and these could be offered as well. Also, we will be asking for some type of equity with respect to special education costs. The Legislative Breakfast meeting is open to the public, on Friday, February 23rd at 8:00am.
9. Consolidation and privatization of Custodians. (by Councilman Cusack)
The Council should at the very least know what the market cost is for custodial service for the City alone and then the City and School together. Cleaning services can be outsourced in the evenings when students are not in school. This is not an argument for or against but rather just to understand what the numbers are.
City Manager Brown let the Council know that the City met this morning and are going to be doing a formal solicitation for subcontracting for custodial services. The School Department did not want to pursue consolidation and subcontracting of custodian in the school buildings.
Councilman Cusack stating it may be a misapprehension that a safety issue would exist, the school department should speak with the independent schools which get the job done with outsourced custodians. The source of the savings would come from lower wages and a defined contribution as opposed to a benefit plan. The School Department recently changed the bus aides to employees of the bus company and in hearings the current employees predicted dire consequences from the change-over but to date none have occurred. The Council can get a bid based on all and then have a full discussion.
Mayor Larisa asked the City Manager, if this is being done on the City side but the School Department is not in favor of it? If so we will need to go to the School Committee and ask for approval. If the numbers work out we may move in this direction.
The City Manager added when you subcontract you pay the hourly rate and they are responsible for a person showing up, there would be no over time if someone was on vacation or out sick. The City will have to notify the bargaining unit that we are starting this process. As we look at our vacancies we may be able to move them to other positions in the City.
Councilman Cusack brought up the Wastewater Treatment Facility who will be using a public and private partnership and the current employees at the facility will all be offered employment by the new employer.
Mayor Larisa added in the private sector the pay and benefits might be so much less they may not want to take the job but they would at least be offered it.
Councilman DiTraglia said the Council will have to consider private employees working in schools who would be unknown right now there are employees there who know the students. A private company is there just to make money unlike a City who is providing a service to its residents. There is no guarantee going with a contract with a private company which may start out at one price in the following year or two would go up and loose the projected savings. The Council also needs to be concerned about the students having a different person there every day. The Council will have to take a look at the savings and balance in these factors. The State has done this but it did not always work out once they got into the contracts, the savings were not what they thought and then the entity loses all the good people it had.
Councilman Cusack added the savings would have to be significant before this would even be considered.
10. Review of Fire Department possible $1-$2 million savings. (by Councilman Cusack)
The City Manager has discussed this in the past and we need to move forward and know what the change would mean for the Firefighters and the City. An update from the City Manager is requested to look at a system similar to Central Falls which could save money.
Mayor Larisa asked the City Manager for further explanation on the possible change.
The City Manager explained the fire department currently has a 10-14 hour day, operating 4 platoons with a work week of 42 hours. This would be a variation of 24 hours on and 24 hours off which would allow the City to go to 3 platoons rather than 4 platoons. This would eliminate 24 % of employees in Fire Department going from 42 hours to 56 hours. Individual firefighters will make additional money but less than if all of the hours had been overtime.
Mayor Larisa asked if this would reduce overtime?
The City Manager stated yes. The City also has the option of looking at the number o firehouses its working out of.
Councilman Cusack asked a 20% workforce reduction with Fire would this be accomplished with attrition?
The City Manger responded there are vacant positions a certain amount of overtime and leave days, more people than needed are assigned. The City is trying not to actually lay off people who have jobs and deal with it through attrition re: teacher can you guarantee it’s not going to happen again? Based upon what we now know putting into place not only on the school side but on city side, to sustain the level of service citizens have come to enjoy without unduly impacting the employees. This was part of the deficit reduction memo, to borrow money to pay off the deficit and fund it through savings. Essentially this is the same thing except the City is not borrowing money because the auditor general would not allow it.
Update of Police Cars Ordered. (by Councilman Coogan)
Councilman Coogan asked the City Manager for an update.
The Chief has not seen the memo the on vehicle reductions. If Council wanted to purchase cars we could use the detail account with the understanding that the next year we could not purchase vehicles. With regards to the deficit, the City Manager stated he is not comfortable with purchasing vehicles right now. The City has been using money from the detail account to balance the budget and if it’s used to buy the cars the account is diminished further reducing flexibility to react to emergencies.
Councilman Coogan asked the City Manager about the memo reducing 21 cars from the Police Department Fleet and added the new cars should not have been ordered without a purchase request.
The City Manager acknowledged it was done in the past and there is no excuse and it will not happen again.
Councilman Coogan reviewed the memo from the Chief detailing the use of cars by Senior Officers.
Mayor Larisa reiterated the Council needs department heads to come up with the cuts and not have Council find them in within their departments. The Mayor asked the Council if it wanted to give the sense that they should cut the 21 cars. Mayor asks for any objection. None heard.
The City Manager states he would like the Fleet Manager to look over the vehicles selected, whether or not they should they be sold or warehoused to use when other vehicles are out of service.
Councilman Cusack states he is not clear on which cars are being recommended to be taken. He asked if there is a need periodically for Senior officers to come home the City could reimburse them and if needed they needed theycould grab a car from the Police Department lot.
The City Manager discussed the problem of the size of the lot at the Police Department when additional personal cars are added.
Councilman Cusack answered the capacity of that lot is not going to determine whether or not the city can save money on vehicles. The fundamental question is are the new cars needed if the mileage on others is too high or they are not in the right condition, then we have to do what we have to for public safety. The question was asked if it was a verbal order or a written order to the vendor.
The City Manager stated he believed it was verbal.
Councilman DiTraglia asked if Finance Director McDonald would come up and asked him if in the past the order was verbal.
Director McDonald said yes he had heard that had happened but had no proof. In the past the City always went ahead and purchased the cars.
Councilman DiTraglia stated by law we are not bound to pay the vendor but in the meantime because of this past practice the vendor felt secure in ordering the cars.
Mayor Larisa restated the problem being if oral order triggered the actual order of the cars. In the past this would come to the Council and the Council would have every right to say no to the request. In the past each department would be able to spend within their budget but now everything is different because we have to cut everywhere even within those budgets.
Councilwoman Perry was this something that would have gone out to bid?
The City Manager responded the City is part of a Municipal Consortium which receives a good rate for purchase.
Mayor Larisa we don’t have a one page policy for everyone that has a take home car.
The City Manager replied no but that he was working on this. Mayor Larisa reiterated the take home car is for the convenience of the Ctiy if an employee makes a stop on the way that’s fine but they shouldn’t be taking the car from their yard to go anywhere unrelated to City business.
Councilman DiTraglia added the previous Council did decide on which City cars were going home in the previous council but that was not the Police Department.
Councilman Coogan asked how much money was in the detail account.
The City Manager responded about $89,000 with obligations for leases for outstanding cars $67,000 hope to get in another $172,000 in the past couple of years transferred $325,000 to the general fund and with the budget being tighter the City will be looking for addition monies to transfer to the fund.
Councilman Coogan asked if the account originally created to purchase new police cars?
The City Manger stated yes in the past but the City has needed the money to balance the budget.
Councilman Coogan added if the City is not going to get the new cars then the City should recycle the Captains cars back into the Fleet and give them mileage instead.
Request for 90 day suspension of Police Chief for ordering the new cars without permission of the Council. (By Councilman Coogan)
The Chief spent over 3 times the amount he is allowed to spend without permission from the Council.
The City Manager stated the purpose for taking action is to insure the behavior is modified and corrective action has been taken and I believe corrective action has been taken.
Councilman DiTraglia stated the Charter reads any disciplinary action has to come from the City Manager not the Council.
Mayor Larisa agreed and stated that is why there is no vote listed.
Councilman DiTraglia I think the City Manager should take care of this and come back to us and let us know. Councilman DiTraglia objects to bringing the Chief up to answer questions.
Councilman Cusack asked what was done and was anything improper done and by whom, this should all be in the City Manager’s report.
Possible 2 million dollars in cuts from Police Department. (by Councilman Coogan)
Councilman Coogan requested to pass on this for now.
D. INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on February 3, 2009 for a public hearing and consideration of final passage).
E. The following is an ordinance pertaining to a removal of a handicapped parking sign at 55 Leonard Avenue.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED"VEHICLES AND TRAFFIC.", which amends Section 18-315 entitled "Same—Handicapped parking." by deleting there from the following:
Leonard Avenue in front of house number 55
Requested by: Director of Public Works
On a motion by Councilwoman Perry, seconded by Councilman Cusack, it is unanimously approved.
IX. ADJOURMENT
On a motion by Councilman DiTraglia, seconded by Councilman Coogan, it is unanimously approved.
Attest:
___________
Kim A. Casci
City Clerk
Approved February 17, 2009