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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
February 6, 2018
6:30 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:30 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open Session
*** Note Councilwoman Sousa is absent.
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(1)(2).
A. New Claims
1. Cynthia L. Brown
2. Florence Lopes
3. Beverly Pearson
4. Lisa Pearson
5. Ana Moura
6. Allen Stilkey
B. Sewer Charge Abatements
1. Rosemary Arruda
2. Florinda Costa
3. Karin DiPietro
4. Thomas Riley
C. City Solicitor and Assistant City Solicitors Job Performance Review
D. City Manager Job Performance Review
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:35PM
Councilman Faria makes a motion to remove items C and D under Executive Session which deal with job performance reviews of the City Manager, City Solicitor and Assistant City Solicitors, the motion is seconded by Councilman Botelho and on a roll call vote the motion passes 4-0 with Councilwoman Sousa absent.
Councilman Faria reads a positive statement in favor of the City Manager and City Employees.
Mayor Briden announces that Councilwoman Sousa is absent but the State Street presentation will be still be happening.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. CRMC Semi-Monthly Meeting, Notice, Tuesday, January 23, 2018.
2. CRMC Notice of Application, Jason Kalin, 225 Terrace Avenue (02915) pier, ramp and terminal float.
B. Cancellation/Abatements
Year Amount
2016 $730.10
2017 $798.93
Total $1,529.03
C. Change of Location
Jetty Mini DBA J Mart, 332 Bullocks Point Avenue (02915) moving to 654 Bullocks Point Avenue (02915) license holder, Mini Jetty, 12 Pinetop Road, Barrington (02806)
D. Council Journals
1. Council Journal Regular Meeting January 16, 2018
2. Council Journal Special Meeting January 23, 2018
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
VI. PROCLAMATIONS AND PRESENTATIONS
A. New Business Congratulatory Citations (by Councilman Faria)
1. Ourplace 2, 664 Bullocks Point Ave (02915)
2. Carla’s Baskets, 684 Willett Avenue (02915)
Councilman Faria presents the citations and takes photos with the recipients.
VII. COMMUNICATIONS
A. Ricardo Mourato, 86 Beverly Road (02915) requesting to address the Council regarding a lock box program.
Mr. Mourato explains he is a Riverside resident and Bristol police officer who in his duties has responded to those in need who are elderly or disabled. Bristol has put into place a lock box system. This assists those in need who cannot go to the door to let the police or fire into the home and also assist police and fire in not having to enter by breaking a window or a door. The lock box is a program used by realtor companies and they issue this box and the location of the box and the key and/or combination is kept at the police or fire station. When the call for assistance comes in the dispatcher will see in the sight file and the combo and/or key and which door to open. Only police and fire have this and not even the home owner or family has these to ensure the key never goes missing. Bristol has installed approximately 30. In Bristol real estate companies, landscapers and funeral homes all donated the boxes. If someone can afford a box for a relative they will install and then can buy one and pay it forward for someone else.
Mr. Mourato brought a sample lock box which hangs on a door but states that the ones he would be recommending would be mounted on the house somewhere.
Councilman Botelho asks if he put a box on the house which he purchased at say Home Depot could he just let them know and Mr. Mourato states he can. He adds, in East Providence it is being done through the Fire Department as they would be the ones to breach the door here.
Assistant Mayor Britto asks if it is implemented in East Providence already and Mr. Mourato states not yet. Assistant Mayor Britto asks if the Fire Chief is aware and Chief Elmasian comes to the podium. Mr. Mourato states that before they do this they want to make sure they have enough donated boxes. Chief Elmasian states they do have a system in place with the EMS boxes. The Fire Department has the master key to everywhere in the city. They have met with Mr. Mourato and the EMS coordinator and this gives them the ability to add these boxes to the special needs registry.
Councilman Faria asks if they do emergency entry now. Chief Elmasian states that if it is an extreme emergency they are not going to bother with the lock box they are going to break in.
Mayor Briden asks when they anticipate the program coming into place. Mr. Mourato responds as soon as fire is ready to go. He adds that in Bristol they drew up a waiver for the failure of a box or a missing key. He thanks the fire department for the amount of boxes which they bought which made this possible.
Councilman Faria states that he is in support of anything which would help seniors as he has been a very big proponent.
VIII. PUBLIC COMMENT
A. Kevin Oliver, 14 Shady Lane (02915) – Social Media Policy
B. Chrissy Rossi, Shore Road (02915) – Elections and Terms
C. Connie Bradley, 35 Mary Avenue (02914) – Lock Box
D. Jason Desrosiers, 80 Village Green North (02915) – Decorum and Civility
*All of those listed under flooding agreed to speak during the presentation.
E. Augusto Teixeira – Flood
F. Jen Hilton - Flooding
G. Denise Hebert – Flooding
H. Shelly Samuel – Flooding
I. Tom Riley 3620 Pawtucket Avenue (02915)– Water Bills
IX. APPOINTMENTS
A. Traffic Control (by Councilwoman Sousa)
Michael Antuono, 100 Russell Avenue (02914)
A motion to approve the Appointment is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
X. COUNCIL MEMBERS
A. Human Resources Update (by Councilman Faria)
Councilman Faria states he first put this on just before Christmas and then again and that now he feels it is time to take a proactive approach to restructuring this department. They have the highest budget and staff versus population and have inherited a lot of issues and worked through them and turned those problems into progress. However, with the loss of the Human Resource Director and a staff listing for 5.5 and another issue following that and now another they are down to one analyst with one on paid administrative leave. He notes that he has met with the City Manager and expressed concerns and would like to know what the plan is.
The City Manager announces effective Monday February 12th the Chief of Police has loaned on assignment Captain Michel David who will assume that role and work under the City Manager he will serve as immediate management yet remain in the structure of the EPPD.
B. LED Lighting (by Councilman Faria)
Councilman Faria notes this is a lifetime savings which will save the city with maintenance costs $660,000 a year and upwards of $800,000 a year. They we will be able to light every pole in the city. Right now there are poorly lit streets which are a major concern for pedestrians and elderly in the city and national grid failed to reach a fair and reasonable price. The city will file a petition with the PUC under the municipal street light investment act on February 16th and the PUC will render a decision within 90 days. The city has exhausted every avenue.
C. Wastewater Treatment Plant (by Councilman Faria)
Councilman Faria states that this is an issue and he wants to apologize for any smell recently to resident of Ward 3 and Ward 4 as both are effected by the sewer plant. They have a wonderful staff at Suez and brought Barrington to table at the State House. There has been a lot of work in progress and Barrington immediately started treating with the product Bison. They put an odor logger in and measure the sulfides and he has been there to witness this. Any residual odors happen when the flow is slow. This can increase the smell and Barrington has increased the product and is willing to come to the table to take responsibility for anything which needs to be done. They will meet again on April 3rd. They are cooperating with the city and have complied with all of the city’s requests and have come a long way. He adds that the city appreciates the resident’s patience.
Councilman Botelho asks the City Manager about the discussion at the meeting to replace air relief valves and add another sample point as well as adding product near the treatment plant and increasing sampling and maybe additional product elsewhere if needed.
The City Manager states that they have indicated they will continue to cooperate to try to resolve all of the issues and will install if necessary and have hired an engineer to help them and that engineer has also been successful in Warwick with their sewer plant problems.
D. ADP Service Update/Going Paperless (by Councilwoman Sousa)
Councilman Faria states that he was asked to speak on the ADP item by Councilwoman Sousa. He calls the Director of IT, Kelly Ahrens to podium. He thanks her for all her help and apologizes for this weekend when she trying to promote positivity on the city’s Facebook site with best intentions. He asks Director Ahrens to discuss the meeting they had with ADP.
Director Ahrens explains they are working well with ADP and have alerted all the employees that they are moving towards a paperless environment and all will be logging on to the employee portal and have been advised on how to log in for pay checks and W2 forms. They are moving in a great direction with paperless and ADP is planning to stop printing at the end of February. When logging into ADP they will be able to add on more access including address changes and eligibility.
E. State Street Presentation by DPW/Engineering
(by Councilwoman Sousa)
Director Coutu speaks on this topic indicating that dredging will take care of some but not all of the issues. Through conversations with a wildlife biologist they say this is not the answer. The main piece is getting the culvert. There is a proposal not just to cut but actually remove the fragmites.
The City Manager states that the wildlife biologist has explained that they have long roots and are tremendous plants and permitting will be needed.
Director Coutu states this is correct. He adds this could be significant and also the cost to do it could be significant.
The City Manager states that Councilwoman Sousa is on them constantly to move this along. They have all been down there during the floods and it is horrible. They are making significant progress but there is more to do. It is not right and not fair for the neighborhood at all. They have taken hopefully some positive steps and the rest of the council is concerned as well. They are taking this very seriously.
Councilman Faria asks about a timeline.
Director Coutu states July or August for construction and end of August for completion time. They want to keep the road closure to a minimum.
Residents of the State Street area are present and show photos on the projector of the flooding in their neighborhood. They speak about the flooding issues. Augusto Teixeira from Marsh Street and James LaSalle from 20 Marsh Street both speak to the Council.
Councilman Botelho notes that to put some perspective on this it was an issue in the 1980s and this is how long it has been going on. The idea this may be solved by the end of August is good news for the residents. It has been a chronic issue and he appreciates the presentation and the photos from the neighbors and hopefully the multi prong attack will have some relief for the neighbors.
Assistant Mayor Britto states that when canvassing the area when he ran for state representative he was unaware it went back to the 1980s and it is good to see something coming to fruition and he doesn’t see how the neighbors have put up w all this.
F. Appointment to Vacant Boards/Commission Seats (by Councilwoman Sousa)
This item was deferred.
XI. LICENSES REQUIRING PUBLIC HEARING
A. B-Full Privilege Vict
Kailyn Zoe, Inc. DBA Our Place II, 664 Bullocks Point Avenue (02915), Chao Fan Huang, 40 Pera Street, Warwick (02886)
A motion to approve the License is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
A motion is made to extend the meeting by 15 minutes by Councilman Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
XII. PUBLIC HEARING
A. ZONING MAP AMENDMENT – REZONING OF MAP 205, BLOCK 3, PARCELS 11 AND 12 (9 CADORNA STREET) FROM COMMERCIAL-4 TO RESIDENTIAL-4 (R-4) - PROPERTY OWNER – ANCHOR LAND CO., LLC
Zoning Map Amendment: Map 205, Block 3, Parcels 11 and 12 (9 Cadorna Street) from Commercial-4 to Residential-4 (R-4)
Petition for Zoning Map Amendment: for properties located at the intersection of Cadorna Street and Eastern Avenue.
Petitioners: Anchor Land Co., LLC
Attorney: Martin P. Slepkow
Advertised East Providence Post – 1/18/18, 1/25/18, 2/1/18
Notices served on Abutters – 1/22/18
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. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:
Parcels 11 and 12 on Assessor’s Map 205, Block 3 presently located in a Commercial-4 (C-4) District is hereby changed to be included in a Residential-4 (R-4) District.
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: Anchor Land Co., LLC
Bruce Cox, Esquire is present on behalf of Martin P. Slepkow for the applicant Anchor Land Co., LLC.
Mayor Briden calls Planning Director Diane Feather to the podium. Director Feather states it has been recommended and been reviewed by several departments including DPW, Law, Engineering and Planning and all comments were compiled and prepared and it was recommended by the Planning Board. It is just to remove an anomaly as it is a section of C4 surrounded by Residential. It complies with the comprehensive plan and there is no need to amend.
No one is present to speak for or against the item.
A motion to approve and include all the memoranda submitted is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
XIII. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
1. City Tax Bill Donation Box for Townie Pride Fund (EBCAP)
The City Manager states that the Treasurer’s Office has brought this to his attention that a donation can be chosen and that in the past this was done. Recently he was reminded by Dennis Roy of East Bay Community Action who was recently in DC speaking for continued funding and he noted that they serve more than 30,000 and employ more than 50 residents. They cover health, dental and other needs helping people to become independent and self-sufficient and the lens with which they would manage the funds which would be for East Providence residents. Residents could apply once a year with a cap for a one time emergency or basic needs to avoid a crisis. The data could be provided to the Council at any frequency they request.
A motion to approve is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
2. Drinking Water Notice Information
The City Manager discusses briefly that information has gone out to residents about disinfectant by products.
The City Manager calls Jim Marvel to podium. Mr. Marvel states in mid-May a very high THM level was recorded. This can vary seasonally it is higher in August and November. It is disinfectant bi-products from decaying matter which they add in Scituate. Over a long period of time there can be a health risk. They have made improvements and plan to add an irrigation system to the tank which will completed by mid-August.
3. URI Landscape Architecture Grad Students’ Presentation on Seekonk Basin
The City Manager states that he has a Professor present to give a quick over view. He introduces the professor. The professor introduces the seven students who have a power presentation. They states that in the summer they met with a representative of the Seekonk River Revitalization Alliance and the City of Providence and East Providence. They have their senior design students working on climate change, sea level, landscaping, access and economics and quality of life. They are from the class of 2017 and are seniors and 3 are graduates students. They took a boat ride with Save the Bay and ran a public workshop. They took walks by the water and created the presentation and made this presentation at Brown University. The City Manager approached at the end of the presentation and complemented the students and asked if they would come to the city to talk about this vision. They cut the presentation down 160 slides from what was presented in December.
4. Pension Funding Improvement Plan Presentation
The City Manager calls Director Moore to the podium and he states that any plan below 60 percent is considered in critical status. East Providence is 55 percent and they have to present a funding improvement plan that in 20 years they will be above that. They used to be at 30 percent then with the Google funds they were at 61 percent and were hovering 61/62. They switched actuaries and that dropped them down 55 percent. They have to provide that funding plan. The current arc is about $70 million however in most places which are not funding close to that. East Providence has since 2013.
A motion to approve is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
5. DOT MOA Agreements (Pawtucket Avenue and Warren Avenue) Approval
The City Manager states that this includes all the roads discussed and includes handicap ramps and sidewalks. It is based on federal money the state receives and includes materials and engineering needs. One to be reimbursed in 2022 and one to be reimbursed in 2027 and hopefully they can amend this for a quicker reimbursement schedule and he notes that RI DOT have been great with the city so far.
Councilman Faria thanks Councilman Botelho for his efforts on seeing this through.
Councilman Botelho notes the sidewalks have not repaired or replaced since the 1940s.
Mr. Luba comes to podium and agrees with the City Manager’s recommendation.
Mayor Briden asks the Solicitor if in the event the city does not receive the reimbursement can it be enforced by this document and Solicitor Dias states yes that he has reviewed it and it is a valid contract.
A motion to approve is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
6. Roadway Construction Contractors RFQ
The City Manager states he is asking for them to be qualified and then they will go out to bid the approval of all 7.
A motion to approve is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
7. Contract Award for Carousel Restoration Project
The City Manager states he is recommending Tavares Construction as the preferred alternate within the bid as they hit all the requirements.
A motion to approve is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
The City Manager announces Black History Month Celebration to be held Monday, February 12th from 6:00PM-8:00PM at the East Providence City Hall. The event is free and open to the public.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Botelho and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Absent, Mayor Briden – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, FEBRUARY 6, 2018; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
CYNTHIA L. BROWN $327.89
RM No. 17-103, Claim No. 17-054
Claim for property damage to vehicle sustained as a result of driving through ice and slush in the roadway. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
FLORENCE LOPES $1,891.90 (plus expenses)
RM No. 17-105, Claim No. 18-002
Claim for personal injury sustained and expenses incurred as a result of a trip and fall on an uneven sidewalk. Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
BEVERLY PEARSON Unspecified
RM No. 18-007, Claim No. 18-008
Claim for personal injuries sustained as a result of a trip and fall on snow and ice on the public walkway at 28 Apollo Road (Kent Farm Apartments). Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
LISA PEARSON Unspecified
RM No. 18-007, Claim No. 18-001
Claim for personal injuries sustained as a result of a trip and fall on snow and ice on the public walkway at 28 Apollo Road (Kent Farm Apartments). Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
ANA MOURA $344.47
RM No. 17-094, Claim No. 17-052
Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Refer the claim to Public Works for more information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
ALLEN STILKEY $431.47
RM No. 17-104, Claim No. 18-010
Claim for property damage sustained when a police vehicle struck claimant’s vehicle from behind.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $431.47.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
SEWER CHARGE ABATEMENTS
ROSEMARY ARRUDA $174.20
Request for a sewer charge abatement for the property located at 67 Howland Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $174.20.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
FLORINDA COSTA $725.57
Request for a sewer charge abatement for the property located at 450 Dover Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $725.57.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
KARIN DiPIETRO $726.35
Request for a sewer charge abatement for the property located at 317 North Broadway in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $726.35.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
THOMAS RILEY $877.24
Request for a sewer charge abatement for the property located at 164-166 Grove Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $877.24.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | √ | |
A motion is made by Councilman Botelho, seconded by Councilman Britto to adjourn at 7:15 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 3-0.
A motion to approve the Claims Committee Report is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Councilwoman Sousa absent.
C. Report of School Committee Liaison
There is no School Committee Liaison Report.
D. Introduction to Ordinances
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”
A motion to dispense with the reading of the Ordinance is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
SECTION I. Sec. 5-1 entitled “Fire code adopted” 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 amended to read as follows:
The city hereby adopts the Rhode Island Fire Safety Code (RIFSC) as provided for in R.I.G.L. § 23-28.1-2 Chapters 28.1 – 28.39 which includes NFPA 1, Fire Code.
SECTION II. Sec. 5-2 entitled “Amendments” 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 amended to read as follows:
The BOCA Basic National Fire Prevention Code Rhode Island Fire Safety Code, as adopted by section 5-1, is hereby amended, deleted from and added to as follows:
(1) Section F-101.6. is added to read as follows:
Section F-101.6. Life and/or fire safety matters not set forth in this code. Under emergency situations, or under unanticipated contingencies or unforeseen circumstances where life and/or fire safety may be involved and in lieu of no specific provisions by this code, state statute or city ordinance to govern a particular situation, it shall be deemed the right of the chief of the fire department and/or in his absence or inability, the officer in charge of the fire prevention bureau to rule on same pending the adoption of specific statutes, or ordinances or rules or regulations.
(2) Section F-105.1 is amended to read as follows:
Section F-105.1. Enforcement officer. It shall be the duty and responsibility of the chief of the fire department or the officer in charge of the fire prevention bureau, to enforce the provisions of the fire prevention code as set forth in this chapter. The designated enforcement officer of this code shall be titled fire marshal and is herein referred to as the fire official.
(3) Section F-110.1 is added as follows:
Section F-110.1. General.
11. If watch or attack dogs are used for the protection of unattended property, it shall be the responsibility of the owner and/or tenant of the property to notify the fire department of this practice and the premises shall be posted at all entrances with legible signs stating the presence of such dogs.
12. Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
(4) Section F-403.0 entitled "Open burning," is amended to read as follows:
Section F-403.1. Outdoor fires. No person shall kindle or maintain any fire or authorize any such fire to be kindled or maintained with the following exceptions:
1. Cooking of food on barbecues, fireplaces or grills.
2. Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.
3. Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.
4. Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.
(5) Section F-312.2 is amended to read as follows:
Section F-312.2. Prohibited areas. Smoking shall be prohibited where conditions are such as to make smoking a hazard including areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly, public buildings and in spaces where combustible materials are stored or handled. The fire official shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.
(6) Section 18 entitled "Street obstructions" of appendix A of the BOCA Basic National Fire Prevention Code, 1993 Edition is hereby amended to read as follows:
Section 18. Street obstructions. A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the municipality without approval of the fire official The word street as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.
(7) Section F-3201.0 entitled "General" is amended to read as follows:
Section F-3201.0 Aboveground tank storage.
F-3201.1 General: Aboveground storage tanks for the storage of combustible or flammable liquid shall be prohibited except as specifically provided for in this code.
F-3201.2 Existing tanks: Existing aboveground tank installations previously approved by the fire official may be continued, provided the installation does not constitute a hazard. The fire official shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require unsafe tanks to be removed from service.
F-3201.3 Fuel oil for heating purposes: Fuel oil tanks for supplying oil burning heating equipment may be located above ground, inside or outside of the building, provided the capacity of such tanks does not exceed 660 gallons (2.50m3) for each building served and the location is approved by the fire official. Tanks located inside buildings shall be installed in accordance with NFiPA 31 listed in chapter 44 entitled "Reference Standards."
(8) Section F-3203.5 entitled "Dispensing" is amended by adding the following:
Section F-3203.5.5 Bulk plants dispensing Class 1 flammable liquids shall have an automatic foam fire protection system on all loading racks that dispense these liquids. This system shall be approved by the fire official and will require an annual test of the system, witnessed and approved by the fire official.
(9) Section 3210.0 entitled "Tank vehicles" is amended by adding thereto the following:
F-3210.2.3 All city terminal facilities dispensing Class 1 flammable liquids shall not bottom load any tank vehicle unless it is equipped with a brake interlock system which renders the vehicle immobile when connected to the loading rack. Vehicles not equipped with air brakes shall have an ignition cut out system which renders them immobile when connected to a loading rack.
(10) Section F-404.0 entitled "Torches for removing paint" is hereby repealed.
(11) Section F-404.0 is added as follows:
Section F-404.0. Open flames for removing paint.
F-404.1. The use of any device providing an open flame, for removing paint from any combustible structure is prohibited.
F-404.2. Any person using a torch or other flame-producing device for removing paint from a noncombustible structure shall provide one approved fire extinguisher or a water hose connected to the water supply on the premises where the burning is being done. In all cases, the person doing the burning shall remain on the premises one hour after each use of the torch or flame-producing device.
F-404.3. Prior to use of a torch or flame-producing device to remove paint from a noncombustible structure, a permit shall be secured from the fire official.
(NFPA 1) 10.11 Open Flame, Candles, Open Fires, and Incinerators.
(NFPA 1) 10.11.1 Permits. (Amd)
Permits, where required, shall comply with Section 1.12 of NFPA 1 (2012 edition).
(NFPA 1) 10.11.1.1 (Amd)
Permits shall not be required for cooking and recreational fires. All other types of fire require a permit (see 10.11.4.2.1 (Add))
(NFPA 1) 10.11.1.2
Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent.
(NFPA 1) 10.11.1.3
When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions.
(NFPA 1) 10.11.1.4
Instructions or stipulations of permit shall be followed.
(NFPA 1) 10.11.2
The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.
(NFPA 1) 10.11.3 Outdoor Fires.
(NFPA 1) 10.11.3.1
Outdoor fires shall not be built, ignited, or maintained in or upon hazardous fire areas, except by permit from the AHJ.
(NFPA 1) 10.11.3.2
Permanent barbecues, portable barbecues, outdoor fireplaces, or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
(NFPA 1) 10.11.4 Open Fires.
(NFPA 1) 10.11.4.1
Permitted open fires shall be located not less than 50 feet (15m) from any structure.
(NFPA 1) 10.11.4.2 (Amd)
Burning hours shall be daylight until 11:00 PM.
(NFPA 1) 10.11.4.2.1 (Add)
No person shall kindle or maintain (without permit) any fire or authorize any such fire to be kindled or maintained with the following exceptions:
- Cooking of food on barbecues or charcoal grills. Cooking on these devices shall be in preparation of a meal.
- Propane/natural gas fire places/pits officially designed and listed as an outdoor fire place/pit shall be permitted. Fire places/pits shall be operated according to manufactures instructions in a safe manner.
A. Fire places/pits shall not be left unattended.
B. Adult supervision is required at all times.
C. Propane tanks shall be listed, in good condition and have a current certification.
- Fires authorized by the fire department for the purpose of training firefighters and retarding the spread of fire.
- Ceremonial burning. Burning that is an integral part of a religious or fraternal organization's ceremonies, by permit, issued by the city fire marshal.
- Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon approval of the fire chief and the state department environmental management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.
(NFPA 1) 10.11.4.3
Recreational fires shall not be located within 25 feet (7.6m) of a structure or combustible material unless contained in an approved manner.
(NFPA 1) 10.11.4.4
Conditions that could cause a fire to spread to within 25 feet (7.6m) of a structure shall be eliminated prior to ignition.
(NFPA 1) 10.11.5 Fire Attendant.
(NFPA 1) 10.11.5.1
Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished.
(NFPA 1) 10.11.5.2
This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.
(NFPA 1) 10.11.6 Cooking Equipment.
(NFPA 1) 10.11.6.1
For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet (3m) of any structure.
(NFPA 1) 10.11.6.2
For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
(NFPA 1) 10.11.6.3
Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.
(NFPA 1) 10.11.7 Installation of Patio Heaters.
(NFPA 1) 10.11.7.1
Patio heaters utilizing an integral LP-Gas container greater than 1.08 lb (0.49 kg) propane capacity shall comply with 10.11.7.2 and 10.11.7.3. [58:6.20.2.1]
(NFPA 1) 10.11.7.2
Patio heaters shall be listed and used in accordance with their listing and the manufacturer's instructions. [58:6.20.2.2]
(NFPA 1) 10.11.7.3
Patio heaters shall not be located within 5 feet (1.5m) of exits from an assembly occupancy. [58:6.20.2.3]
(NFPA 1) 10.11.8 Incinerators and Fireplaces.
(NFPA 1) 10.11.8.1
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ.
(NFPA 1) 10.11.8.2
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times.
(NFPA 1) 10.11.8.3
Openings in incinerators, outdoor fireplaces, permanent barbecues, and grills shall be provided with an approved spark arrester, screen, or door.
(NFPA 1) 10.11.9 Open-Flame Devices.
(NFPA 1) 10.11.9.1
Welding torches, tar pots, decorative torches, and other devices, machines, or processes liable to start or cause a fire shall not be operated or used in or upon any areas, except by permit from the AHJ.
(NFPA 1) 10.11.9.2
Flame-employing devices, such as lanterns or kerosene road flares, and fuses shall not be operated or used as a signal or marker in or upon any areas unless at the scene of emergencies or railroad operations. (See Chapter 16 and Chapter 65 for additional guidance.)
(NFPA 1) 10.11.10 Discontinuance.
The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
SECTION III. Sec. 5-4 entitled “Establishment and duties of division of fire prevention” 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 amended to read as follows:
(a) The fire prevention codes adopted by section 5-1 shall be enforced by the division of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.
(b) The chief of the fire department may detail such state qualified members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors who when such authorization is made shall be selected through an examination to determine their fitness for the position and state certification.
SECTION IV. Sec. 5-5 entitled “Modifications of fire prevention code” 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 deleted in its entirety.
The chief of the fire department shall have power to modify any of the provisions of the fire prevention codes adopted by section 5-1 upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.
SECTION V. Sec. 5-35 entitled “Issuance of immediate 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 deleted in its entirety.
Whenever the chief of the department or his designate of any stage of any proceedings instituted under the provisions of this article finds that there exists a violation of this article, which in his opinion requires immediate action to abate a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling place of four or more units, he may without prior notice of violation of hearing issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate as provided in section 5-48. Notwithstanding the other provisions of this article, the immediate compliance order shall be effective immediately upon its service or in such time as the chief of the department or his designate shall under the circumstances deem reasonable, necessary and proper, and any person upon whom such in immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such person shall have the right to an appeal to the fire safety code board of appeal and review as provided in sections 5-36 through 5-39.
SECTION VI. Sec. 5-47 entitled “Notice of violation and intent to condemn” 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 deleted in its entirety.
Whenever the chief of the department or his designate determines that a nonresidential structure or dwelling place of four or more units is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 5-33 a statement of his intent to condemn and placard the nonresidential structure or dwelling place of four or more units as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 5-33.
SECTION VII. Sec. 5-48 entitled “Order to vacate” 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 deleted in its entirety.
Whenever a notice of violation as provided for section 5-47 has not been complied with, the chief of the department or his designate may include within the compliance order a finding to the effect that the nonresidential structure or dwelling place of four or more units is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance shall be in the manner provided for in section 5-34 and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the fire safety code board of appeal and review.
SECTION VIII. Sec. 5-50 entitled “Closure and/or removal of underground tanks” 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 deleted in its entirety.
Cutting of all underground tanks and/or containers having contained flammable, combustible or explosive substances is hereby prohibited except upon approval of the fire chief. All underground tanks and/or containers having contained flammable, combustible or explosive substances shall be cut, closed and/or removed in accordance with the American Petroleum Institute Recommended Practices—1604, 2nd Edition as amended.
SECTION IX. 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
Assistant Mayor Britto states the ordinance is well over due it’s been almost 20 years since the Fire Code in East Providence has been updated and he thanks the chief for bringing this to his attention. This takes all the obsolete language on the books and brings it up to speed with the State Fire Marshall and RI Fire Safety Code. Natural gas and propane are now acceptable.
Councilman Faria asks the Chief about above ground tanks and installation and also about the current open burning ordinance.
The Chief explains that with the introduction of propane and gas they can now use these instead and allows for that type of open burning.
Councilman Faria asks if the state law goes back years and the Chief replies that it does and the city’s is obsolete and needed to be clean up. The city is now with current fire safety codes until they change again as they change every 3 years.
A motion to approve the Ordinance for first passage is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
XIV. ADJOURNMENT
A motion to Adjourn at 10:56PM is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
Approved by Council: February 20, 2018
Attest: _______________
City Clerk