I.                   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.    New Claims

1.      Donald Doxey

2.      Perfect Puppy, Inc.

3.      Lacie Sarria

B.     Sewer Charge Abatements

1.      Steven Abatiello

2.      Idalina Dos Reis

3.      Tasca Properties LLC

II.                CALL TO ORDER

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion.  There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

A.    Letters

V.                PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  .  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    Gordon R. Archibald Inc. Summit Street Traffic Study Presentation (by Assistant Mayor Cunha)

VII.          COMMUNICATIONS

VIII.       APPOINTMENTS

A.    Traffic Control (by Mayor Rose)

Frantz Baudouin, 29 First Street (02914)

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

IX.             LICENSES REQUIRIING PUBLIC HEARING

X.                LICENSES NOT REQUIRING PUBLIC HEARING

XI.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”

SECTION I.  Sec. 5-6 entitled “Appeals from decision of chief of fire department” of Article I entitled “In General” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION II.  Sec. 5-33 entitled “Notice of violation generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:

(a)  Whenever the chief of the department or his/her designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, and shall describe the nonresidential structure or dwelling place of four or more units or three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors where the violations are alleged to exist or to have been committed. and a reasonable time to correct it and shall be served upon the owner, operator or occupant as the case may require.  Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure or dwelling place of four or more units described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.

(b)  The notice shall provide for the time the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the Fire Safety Code Board of Appeal and Review within thirty (30) days after service of the notice.  The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, by the authority having jurisdiction or any other person having authority to serve process, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state.  If no written request for a hearing is made to the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice, the notice shall automatically become a compliance order.  The authority issuing the notice of violation shall have the power to extend in writing the time in which the alleged violation shall be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is being made to remedy the violation, and that the extension of time to remedy the violation will not result in a significant threat to life safety.

(c)  If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice of violation, the Board shall set a time and place for the hearing, and shall give the person requesting that hearing notice as outlined in R.I.G.L. §23-28.3-5.  After the hearing, the Board may make findings of fact and shall sustain, modify, or withdraw the notice of violation.  If the Board sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.

(d)  The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.

(e)  Whenever a compliance order has become effective, whether automatically where no hearing has been requested, or upon decision following a hearing, the fire marshal may institute injunction proceedings in the district court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order.  The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.  The district court shall have full equity power to hear and address these matters.

(f)  The chief of the department or his/her designate shall have the right to prosecute for any provision of this article or of any rule or regulation adopted pursuant thereto, and is hereby authorized to execute all warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.

(g)  Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this section shall be subject to prosecution in the East Providence Municipal Court and/or the Rhode Island District Court through the Rhode Island State Fire Marshal’s Office.

(h)  Any party aggrieved by a final judgment of the district court may, within thirty (30) days from the date of entry of such judgment, petition the Supreme Court for a writ of certiorari to review any questions of law.  The petition shall set forth the errors claimed.  Upon the filing of the petition with the clerk of the Supreme Court, the Supreme Court may, if it sees fit, issue its writ of certiorari.

SECTION III.  Sec. 5-34 entitled “When second notice of violation to become a compliance order; service of compliance order” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION IV.  Sec. 5-36 entitled “Appeals from compliance orders generally--Authorized” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION V.  Sec. 5-42 entitled “Hearing upon notice of violation” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

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

Requested by:  Councilman Britto

Motion___By___2^nd___

Britto___Capobianco___Conley___Cunha___Rose___

2.   AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

SECTION I.  Subsections (b) & (c) of Sec. 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” are hereby amended to read as follows:

(b)  Life safety plan review. Every request to the city fire marshal's office for a life safety plan review shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on cost of construction less cost of site and utility work, plumbing, mechanical and electrical):

(1)  $500.00 or less .....$25.00

(2)  Over $500.00 but not over $1,000.00 .....$35.00

(3)  Over $1,000.00 but not over $2,000.00 .....$45.00

(4)  Over $2,000.00 but not over $500,000.00 (Plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+

(5) Over $500,000 (plus $4.00 per $1,000.00 or fraction thereof over $500,000) .....$3,033.00+

Single Family Dwelling .....$ 75.00

Two Family Dwelling .....$125.00

Three Family Dwelling .....175.00 $125.00

(c)  Fire alarm installation plan review and inspection permit. Every request to the city fire marshal's office for a fire alarm installation plan review and inspection permit shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on cost of construction):

(1)  $500.00 or less .....$25.00

(2)  Over $500.00 but not over $1,000.00 .....$35.00

(3)  Over $1,000.00 but not over $2,000.00 .....$45.00

(4)  Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+

(5)  Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00) .....$3,033.00+

SECTION II.  Section 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby amended by adding thereto the following:

(d)  Heating ventilation and air conditioning (HVAC) installation plan review and inspection permit.  Every request to the city fire marshal’s office for HVAC requiring a fire alarm system connection for fan shut-down shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on installation cost):

(1)  $500.00 or less…..$25.00

(2)  Over $500.00 but not over $1,000.00…..$35.00

(3)  Over $1,000.00 but not over $2,000.00…..$45.00

(4)  Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00)…..$45.00+

(5) Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00).….$3,033.00+

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

Requested by:  Councilman Britto

Motion___By___2^nd___

Britto___Capobianco___Conley___Cunha___Rose___

3.   AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “POLICE”

SECTION I. Subsections (1) and (6) of Section 12-18 entitled “Qualifications for appointment” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” are amended to read as follows:

(1)    The applicant must not be under 18 21 years of age at the time of the application deadline.

(6)  The applicant must have an education at least equal to the completion of an associate degree (60 credit hours) with a concentration in law enforcement or criminal justice from an accredited college or university, or a bachelors degree.  Two years of honorable active military service or four years of reserve or national guard duty may be substituted for the educational requirements.  Likewise, certification from the state municipal police academy as municipal police officer, or three years of satisfactory employment as a correctional officer may be substituted for the educational requirement.

SECTION II.  Section 12-19 entitled “Employment; eligibility” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” is amended to read as follows:

Applicants for appointment to the permanent police force shall follow examination procedures as established from time to time by the director of personnel and/or ordinance, including the passing of required examinations and placement on an eligibility list.  An eligible entry level applicant shall first be appointed as a police trainee in accordance with section 11-66, and he must successfully graduate from the state municipal police academy prior to being appointed as a probationary police officer.

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

Requested by:  Councilwoman Capobianco

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

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

SECTION I.  Subsection (g) entitled "Rating examinations" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(g)  Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination.  Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination.  In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one percent point for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent points.  In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent point for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent points.  Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four percent points or five percent points for a post-9/11 veteran-candidate, up to a maximum of five percent points. such increase being cumulative with the resident-candidate scoring.  However, the maximum amount of incentive points that a candidate may receive is to be capped at five points.  For the purposes of this section, the terms "veteran" and "post-9/11 veteran" are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.

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 Capobianco

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

XII.          NEW BUSINESS

A.    City Manager’s Report (by City Manager, Richard Kirby)

XIII.       ADJOURNMENT

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

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