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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

August 20, 2013

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

Executive Session To Follow Public Comment –Claims Room, 101

7:30 P.M. Open Session

Present:

James Briden - Mayor

Thomas Rose - Assistant Mayor

Helder Cunha - Council Ward 2

Tracy Capobianco - Council At-Large

Chrissy Rossi - Council Ward 4

Peter Graczykowski - City Manager

Timothy Chapman –City Solicitor

Kim Casci - City Clerk

III. TO APPROVE THE CONSENT CALENDAR

A. Letters Received

1. CRMC application for ARCO Environmental Remediation, LLC for Kettle Point Avenue, Providence River, Watchmoket Cove, Long Rock Cove.

2. Town of Charlestown resolution in support of the Municipal Road and Bridge Revolving Fund.

3. CRMC application for Albertino Milho, 228 Warren Avenue, 28 Water Street, Seekonk River.

4. CRMC proposed changes to the Administrative Procedures Act Salt Pond Region Special Area Management Plan and Experimental Coastal Erosion Control.

5. CRMC Semi Montly Meeting – Full Council, Tuesday, June 30, 2013 2:00PM. Narragansett Town Hall, Council Chambers, 25 Fifth Avenue.

6. CRMC proposed changes to the Administrative Procedures Act section 42-35-3 Ocean Special Area Management Plan (Ocean SAMP).

7. CRMC August 2013 Calendar.

B. Cancellation/Abatements

Year	Amount
2011	$28.11
2012	$158,203.01
2013	$186,432.69

Total	$344,663.81

C. Abatements-Board of Assessment

Year	Amount
2012	$20,306.49 – Real Estate

Total	$20,306.49

D. Council Journals

1. Regular Council Meeting July 16, 2013

2. Special Council Meeting July 29, 2013

E. Alcoholic Beverage Class F-1

Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue, Scholarship Fundraiser, September 7, 2013, Dennis A. Carey, 20 Salisbury Street, Rehoboth, MA.

A motion to remove from the Consent Calendar item D 2 “Special Council Meeting July 29, 2013” is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.

A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

IV. PUBLIC COMMENT

1. Jeff West – Pond View

2. Gloria Garvin – Pond View

3. Candy Seel – Pond View

4. Bill Fazioli – Pond View

5. Dr. Jane Mackenzi-Dennison – Pond View

6. Margaret Dooley – Pond View

7. Bruce and Caroline Chick – Pond View

8. John Staniunous – Pond View

9. Olga Boyd-Brites – Pond View

10. Freddy Rybka – Joint Meeting

11. Ken Foley II – Pond View

12. Freddy Rybka – Sutton Avenue

13. Clyde Ames – Pond View

14. Mary Perry – Pond View

15. Linda Foley – Pond View

16. Ken Foley – Pond View

17. Tom Riley – Pond View

18. Tuncay Gunasti – License Transfer

19. Holly Campbell – Pond View

20. Michael Solitro – Permit Block Party Sept. 1 Leahy St.

21. Ken Schneider – Pond View

22. Billy Conley – Pond View

23. Tim Norton – Pond View

24. Peter Oppenheimer – Pond View

25. Chris Barnes – Pond View

26. Dorothy O’Gara – Pond View

27. Gerald Cousin Bau – Pond View

28. Angela Marshall – Pond View

29. Corliss Blanchard – Pond View

30. Al Pallotta – Pond View

A motion to go into Executive Session is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.

V. EXECUTIVE SESSION

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

A. LITIGATION

1.KENLIN PROPERTIES, LLC AND TLA-PROVIDENCE, Appellants V. CITY OF EAST PROVIDENCE, ZONING BOARD OF REVIEW OF THE CITY OF EAST PROVIDENCE, AND EUGENE SAVEOURY, TONY CUNHA, PIER-MARIE TOLEDO, JOHN BRAGA AND MICHAEL BEAUPARLANT, in their capacities as members of the Zoning Board of Review of the City of East Providence, Defendants; and ATTORNEY GENERAL PETER F. KILMARTIN, Intervenor Defendant

PROVIDENCE SUPERIOR COURT

C.A. NOS. PC-2011-7249 (as consolidated with PC-2011-6540, and PC-2012-0052)

Determination as to Supreme Court appeal.

A motion is made by Assistant Mayor Rose to extend the curfew of 10:00PM by two 15 minute extensions, seconded by Councilman Cunha and on roll call vote it is unanimous.

VI. APPONTMENTS

A. Carousel Commission (by Councilwoman Rossi)

Kim Nunes, 1 Indian Road (02915)

A motion to approve the appointment is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

VII. LICENSES REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

A.B-Full Privilege Vict (Transfer)

Transfer From K&G Enterprises, Inc. DBA Restaurant La Camelia Istanbul Restaurant, 92 Waterman Avenue (02914), Tuncay Gunasti, 178 Lonsdale Main Street

George Martarian is the Counsel representing both the transferor and transferee.

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

B.Second Hand/Miscellaneous

Melissa T. Simpson DBA Hafta Havit, 2725 Pawtucket Avenue (02914), Milissa T. Simpson, 144 Terrace Avenue (02915)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

VIII. LICENSES NOT REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

A. Carnival

Amron Family Fun Fare, Inc., PO Box 798, North Scituate (02857), Edward Browning, 577 Rocky Hill Road, North Scituate (02857) for the location: 700 Bullocks Point Avenue – Crescent Park Carousel.

A motion to approve the license is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

B. Peddler/Ice Cream

Kona Ice Cumberland RI, Inc., PO Box 7164, Cumberland (02864), David Souza, 30 Brookdale Street, Cumberland (02864)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

C. Vict/Not Over 25 (Transfer)

Transfer from Etheridge, Mark DBA Trendy’s Pizzeria to N & D LLC DBA Nick & Dante’s, 2777 Pawtucket Avenue (02914), Stephen D. Annese, 31 Providence Avenue (02915)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

D. Vict/Not Over 50

JD, LLC DBA The Rumford, 446 North Broadway (02916), John Deaton, 255 Promenade Street, Apt 232, Providence (02918)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

E. Vict/Not Over 25 (Transfer)

Mark A. Greene DBA Riccotti Sandwich Shop to Leo A. Mello, Sr. DBA Riccotti Sub Shop, 194 Newport Avenue (02916), Leo A. Mello, Sr., 21 Marvin Street, Warwick (02886)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

F. Vict/Not Over 25 (Transfer)

Yi Mou Chen DBA No. 1 China to Kam Mei Tam DBA No. 1 China, 656 Bullocks Point Avenue (02915), Kam Mei Tam, 10 Brookfield Road, Apt A3 (02915)

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

IX. PUBLIC HEARING- ZONING MAP AMENDMENT

A. Advertised East Providence Post – August 1, 8 and 15, 2013

Notices sent by certified mail – July 25, 2013

Request for a rezoning by Hamlet Court Real Estate, LLC for property located at 350 Taunton Avenue from an existing zoning of Commercial -3 to a requested zoning of Commercial -2 with conditions as outlined in the 7/24/13 Planning Board Memorandum to City Council.

Petitioner: Hamlet Court Real Estate, Joseph S. Ruggiero

Change to: From Commercial 3 to Commercial 2 with conditions as outlined in the 7/24/13 Planning Board Memorandum to City Council.

Lot: Map 306 , Block 1 , Parcel 13

John Shekarchi is the Counsel representing Hamlet Court Real Estate.

Unanimous Consent is granted to extend the meeting further beyond the curfew for two 15 minute extensions.

There are 53 on-site parking spaces and they currently have a lease agreement with bowling academy for 62 spaces additional spaces and 22 dedicated spaces for the apartment complex. There are 42 swing spaces for a total of 117 spaces for both properties. This was all part of the testimony before the Planning Board.

Kelly Morris is their land use attorney and a former Planner in the Town of Cumberland and she was asked to do an analysis for consistency with the comprehensive plan, in order for the zone change to take place. She concluded this was consistent to preserve the character of the existing downtown corridors it has necessary parking and the lot area meets the density regulations.

Councilwoman Rossi states that she has an issue regarding Taunton Avenue as they are currently dealing with parking problems on this road. She asks how long the use lease if for.

The response is that it is a 99 year lease which has been recorded in land evidence with the property owner of the bowling alley, in perpetuity and will pass with the property.

Paul Carlson the designer states that these spaces were reviewed during the summer peak hours and winter peak hours for bowling alley and even at peak times the only fill to end of building. The swing area also exists where the hardware store is located.

Assistant Mayor Rose states there are no parking issues on this part of Taunton Avenue.

Director Boyle states this is a C2 and it will allow for the multi family use.

Assistant Mayor Rose asks Director Boyle if this company is taking less of a zone than was there and Director Boyle states this is correct.

Councilwoman Rossi asks if there are any affordable housing units and Director Boyle states there are none.

Councilwoman Rossi asks for an explanation.

Director Boyle states the 10% is only an inclusion in the waterfront area.

Mayor Briden asks the public if anyone wishes to speak. There are none.

The Attorney for the real estate company summarizes and states that the Council has the power, as case law shows, to give their approval for any relief needed with this application related to Zoning.

Solicitor Chapman states that he does not agree with this and adds that it is good practice to allow the Zoning Board to deal with any decisions at the Zoning level.

Councilwoman Rossi states that she would like to defer this item until the next meeting so she has ample opportunity to go over everything.

Assistant Mayor Rose states how long this has been under review and Director Boyle describes the process this has gone through to get to this point including review by Planning Board, Planning Department, Fire Department, and the Public Works Department. Adding this is not unusual to have lease parking but is also why the City insisted on a 99 year lease and that it be recorded in land evidence records. There was also another item added that the Council include a reverter clause that if the parking goes away this zone change would revert back.

The attorney stated this was one of their concerns also that to make sure they did not get hurt, adding the bowling alley has no mortgage, the property can't get foreclosed on and the lease is in perpetuity with no subordination clause.

Solicitor Chapman stated that if they did want to subordinate, it would have to come to the City first.

Mayor Briden asked if shared spaces have been allowed in the past and Director Boyle stated yes at the Rumford Center there are shared spaces and it has worked out very well.

Mayor Briden asked if the Council were to approve the zone change would the Zoning Board have to approve the parking relief and plan and Director Boyles states that is correct.

The attorney states that the Camara case shows the Council can grant that release.

Councilwoman Rossi states that the Council just dealt with a Zoning issue and their powers with the Kettle Point Decision. There had been at least 5 public meetings and that she was not able to review this issue until the docket was posted as she had not seen it before and therefore cannot support it today.

Assistant Mayor Rose stated it’s a reduction in parking and it has never been an issue even when the building was run by Johnson and Wales. The building has been vacant for a year and been kept up for over a year.

A motion to approve with the conditions as listed in the Planning Board Memorandum to City Council dated 7/24/13 and as itemized in items 1-6 of the Ordinance below and any and all required Zoning Board approvals necessary is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 4-1 with Councilwoman Rossi voting Nay.

B. ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING.”

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

Parcel 13 on Assessors Map 306, Block 1 presently located in a Commercial 3 District is hereby changed to be included in a Commercial 2 District subject to the following conditions:

1. That any and all required variances from the standards of Chapter 19, zoning be obtained including a variance for amount of off-street parking, parking stalls, and minimum usable lot area for a multi-family development.

2. That the applicant maintain a minimum of 75 dedicated parking spaces for the multi-family development and all 53 existing off-street parking spaces located on the property at 350 Taunton Avenue (Assessors Map 306, Block 1, Parcel 13) for exclusive use of the multi-family development proposed for the property in this application.

3. That the applicant secure and maintain parking on an off-site parcel as proposed in the application (on the property at 354 Taunton Avenue, Assessors Map 306, Block 1, Parcel 14) in an amount of no less than 62 parking spaces, and that these spaces be shown on the Final Site Plan and that a lease agreement is approved by the City Solicitor as to form and recorded along with the Final Plan in the City’s Land Evidence records; and further that the loss of any or all of these parking spaces for the benefit of 350 Taunton Avenue, such as through termination of the lease, shall cause a reverter in zoning from Commercial 2 (with conditions) to Commercial 3 for 350 Taunton Avenue designated as Assessors Map 306, Block 1, Parcel 13.

4. That any further modification to the development plan and/or use be submitted to the Department of Planning for assessment as to whether the nature of the change constitutes a minor or major modification, and further that any such modification be subject to City review and approval.

5. That the Fiscal Impact Analysis be completed and found to be satisfactory as to its findings.

6. That the applicant obtain any and all required federal, state and city permits for the proposed use including building and occupancy permits from the City of East Providence.

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

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

Requested by: Planning Department

A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll vote the motion passes 4-1 with Councilwoman Rossi voting Nay.

C. Ordinance Amendment – Special Flood Hazard Areas

Advertised East Providence Post – August 1, 8 and 15, 2013

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING”

SECTION I. Division 12 entitled “Special Flood Hazard Areas and Flood Fringe Lands” of Article IV entitled “Supplementary District Regulations” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, entitled “Zoning” is amended in its entirety to read as follows:

DIVISION 12. SPECIAL FLOOD HAZARD AREAS

Sec. 19-306. Purpose

The purpose of this division 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 of East Providence elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The Special Flood Hazard Areas are herein established as a floodplain overlay district. The District includes all special flood hazard areas within the City of East Providence designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Providence County FIRM that are wholly or partially within the City of East Providence are panel numbers 44007C327G, 44007C329G, 44007C337G, and 44007C339G dated March 2, 2009, and 44007C309J, 44007C317J, 44007C326H, 44007C328H, 44007C336H, 44007C338H, and 44007C451H dated September 18, 2013. 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 Providence County Flood Insurance Study (FIS) report dated September 18, 2013. The office of Emergency Management is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Emergency Management Agency and the Department of Public Works Engineering Division.

(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 not be affected.

(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) This ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this ordinance imposes a greater restriction, the provisions of this ordinance shall control.

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 – 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 (for a community with AO or AH Zones only) - 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 definition for “Special Flood Hazard Area”.

Base Flood – The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) – The elevation of the crest of the base flood or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), 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 – Any area of a building having its floor subgrade (below ground level) on all sides.

Building – see definition for “Structure”.

Coastal A Zone – Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

Cost – 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, costs to correct code violations subsequent to a violation notice, 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 – Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Existing Manufactured Home Park or Manufactured Home Subdivision – 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 – 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). (required)

Federal Emergency Management Agency (FEMA) ‑ The federal agency that administers the National Flood Insurance Program (NFIP).

Flood or Flooding – 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 Insurance Rate Map (FIRM) – The official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS) – 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.

Flood Proofing – Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway – 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 a designated height. For the purposes of these regulations, the term “Regulatory Floodway” is synonymous in meaning with the term “Floodway”.

Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Functionally Dependent Use or Facility – A use 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.

Highest Adjacent Grade (HAG) – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure – 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.

Limit of Moderate Wave Action (LiMWA) - An advisory line indicating the limit of the 1.5-foot wave height during the base flood.

Lowest Floor – The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 60.3.

Manufactured Home – 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 “manufactured home” does not include a “recreational vehicle”.

Manufactured Home Park or Manufactured Home Subdivision – A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.

Market Value – 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.

New Construction – Structures for which the ‘‘start of construction’’ commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (required)

New Manufactured Home Park or Manufactured Home Subdivision – 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. (required)

Recreational Vehicle – 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 definition for “Floodway”.

Sheet Flow Area (for community with AO, AH, or VO Zones only) – see definition for “Area of Shallow Flooding”.

Special Flood Hazard Area (SFHA) – The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30 ,AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.

Start of Construction – 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 it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor 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 – For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

For insurance purposes, means:

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
A manufactured home (“a manufactured home,” also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
A travel trailer, without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.

For the latter purpose, “structure” does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

Substantial Damage – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement – Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include:

1. Any project 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 the “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

Variance - 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 – Failure of a structure or other development to be fully complaint with the community’s floodplain management ordinance. Construction 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.

Sec. 19-309. Permit Required.

(a) All proposed construction or other development within a Special Flood Hazard Area shall require a permit. The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just “building” projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another State agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.

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 need the assistance of a professional engineer.

Sec. 19-311. Notification of Watercourse Alteration.

(a) In a riverine situation, the building official or his/her designee shall notify the following of any alteration or relocation of a watercourse:

§ Adjacent Communities

§ Bordering States (optional)

§ NFIP State Coordinator

Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

§ Risk Analysis Branch

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

The carrying capacity of the altered or relocated watercourse shall be maintained.

(b) The building official or his/her designee shall 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. Use Regulations

The Special Flood Hazard Areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

· Rhode Island State Building Code (As established under RIGL § 23-27.3)

· Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (RIGL § 46-23)

· Endangered Species Act, Rhode Island Department of Environmental Management (RIGL § 20-1-2)

· Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL § 2-1-18)

· Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL §, 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)

· Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL§ 42-17.1 and 42-17.6 and 46-12)

· Revised Ordinances of the City of East Providence

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of the above state regulations.

Sec. 19-313. Other Use Regulations

(a) Construction Standards in Special Flood Hazard Areas (SFHA), Zones AH, AO, A1-30, and AE.

(1) Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

(2) Within Zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM’s depth number above the highest adjacent grade and non-residential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or flood proofed to at least two feet above the highest adjacent grade.

(3) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Providence County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b) All subdivision proposals must be designed to assure that:

· such proposals minimize flood damage;

· all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

· adequate drainage is provided to reduce exposure to flood hazards.

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:

1. The structure has a value less than $1000.

2. 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.

3. The structure is not in the floodway.

4. The structure is not used for storage of hazardous materials.

5. The structure is used solely for parking of vehicles and/or limited storage.

6. The accessory must be wet flood proofed and designed to allow for the automatic entry and exit of flood water.

7. The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

8. Service facilities such as electrical, mechanical and heating equipment must be elevated or flood proofed to or above the base flood elevation.

9. The structure must not increase the flood levels in the floodway.

(d) Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

(e) No person shall change from business/commercial to residential use of any structure or property located in the floodway of a Special Flood Hazard Area so as to result in a use or expansion that could increase the risk to the occupants.

(f) The space below the lowest floor:

1. Free of obstructions as described in FEMA Technical Bulletin 5 “Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program”; or

2. Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or,

3. Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.

Sec. 19-314. Base Flood Elevation and Floodway Data

(a) Floodway Data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b) Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or 5 acres, whichever is the lesser, within unnumbered A zones.

(c) Base Flood Elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available Federal, State, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for flood proofing non-residential structures to or above the base flood level.

19-315. Enforcement.

(a) The building official shall enforce all provisions as applicable in reference to RIGL § 23-27.3-108.1.

(b) Every person who shall violate any provision of this code shall be subject to penalties put forth in RIGL § 23-27.3-122.3.

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 explains the ordinance.

Wayne Barnes testified and referred Council to the Planning Memo of July 25^th. FEMAs flood maps are changing a bit, they did in 1983 and then in 2009 and then in 2011 and this is a more complete mapping for the coastal side of the City. There are 11 flood map panels for the City and this is the latest data and the purpose of zones and maps are to determine flood insurance rates for those who are mandated or desire to have it. FEMA needs to raise these rates more to market rates as they were subsidized since the 1960s and this will help the tax payers not take as much of a hit. The adopting of the flood plain ordinance adopts the flood plain maps. More properties have been removed than added across the state, as a whole, this is being done throughout the state for the coastal zones. The adoption of the ordinance and maps is necessary to keep us FEMA compliant and eligible to purchase flood insurance.

Assistant Mayor Rose states that Wayne has a tremendous knowledge of the weather, as a meteorologist and is amazing and his enthusiasm is amazing and a lot of people don't know this. Wayne took the time to get him the backup in order for him to better understand this and he adds that he appreciates it and thanked Wayne and Director Boyle for taking the time to do this.

Councilwoman Rossi also stated that Wayne does a great job and thanked him.

The Mayor asks if there are any comments from the public and there are none.

A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

X. PUBLIC HEARING ORDINANCES FINAL PASSAGE

A. An ordinance regarding a stop sign, Hawthorne Avenue (westbound traffic) at Intervale 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”

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

Hawthorne Avenue (westbound traffic) at Intervale Avenue

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

Requested By: Councilwoman Capobianco

A motion to approve the ordinance for final passage is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

B. An ordinance regarding Business Registrations.

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I. Section 8-13 entitled “Procedure; exemptions” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-13. Procedure; exemptions.

~~(a)~~ ~~Upon registration of a business, a registration certificate shall be issued to the registrant~~. No other business of the same trade name shall be allowed to register once a ~~certificate of~~ registration has been ~~issued~~ filed without the approval of the prior registrant in writing. Every registration ~~certificate~~ filed shall expire on the thirtieth day in ~~November~~ April and shall be renewed annually. ~~upon payment of the required fee~~. ~~In the first year, the fee will be collected by April 1 and then by December 1 of each subsequent year~~. No ~~certificate~~ registration shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. ~~Every certificate of registration shall be placed in a conspicuous location in each business establishment.~~

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

Requested by: Assistant Mayor Rose

Tony Ferierra, 44 Brightridge Avenue asks if there is a fee.

The City Manager replies there is no fee.

A motion to approve the ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

C. An ordinance regarding snow removal.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"

SECTION I. Subsections (c) and (d) of Sec. 14-40 entitled “Removal of snow” of Article III entitled “Sidewalks” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, are amended to read as follows:

(c) Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.

(d) Penalties. All violations of this section shall be subject to a ~~fine of $25.00~~ written warning for a first offense, a fine of ~~$50.00~~ $25.00 for a second offense, and a fine of ~~$100.00~~ $75.00 for a third and subsequent offenses.

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

Requested by: Councilwoman Rossi

A motion to approve the ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

XI. NEW BUSINESS

A. City Managers Report (by City Manager Peter Graczykowski)

1. Department Activity Report

2. EPBC Personnel Activity Report from7/18/13

3. EPBC Personnel Activity Report from 8/1/13

4. FY12 Annual Audit Report

Councilwoman Rossi asked the City Manager to tell the public what good news the audit shows.

The City Manager replied the general fund balance of $8.7 million will be by ordinance transferred to the budget reserve fund by end of fiscal year and will be $9.8 million and any net proceeds from the sale of properties will be added and once this number exceeds $10 million any additional funds can be used for capital expenses such as facilities, vehicles and roads.

A motion to accept the Audit Report is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

B. Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Timothy Chapman)

A motion to accept the Claims Committee Report is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

2. Request to retain Attorney Lauren E. Jones to assist with the appeal of Kenlin Properties, LLC and TLA-Providence vs. City of East Providence, et al

A motion to retain Attorney Lauren E. Jones is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 4-1 with Councilwoman Rossi voting Nay.

2.Handicap Parking: 123 Cedar Avenue (by Director of Public Works, Steve Coutu)

A motion to approve the sign is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

3.Handicap Parking: 53 Maple (by Director of Public Works, Steve Coutu)

A motion to approve the sign is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

4.Handicap Parking: 700 Bullocks Point Avenue (East Side) (Carousel) (by Director of Public Works, Steve Coutu)

A motion to approve the sign is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

C. Council Members

1. 1 Dexter Road/Pond View (by Mayor Briden)