Notice of Public Hearing

CITY COUNCIL

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances 3-15-03 (Sidewalk Reconstruction Cost Share Program II) and 3-15-01 (Bodyworks License) as amended will be held before the City Council on Monday, April 27, 2015 at 7 p.m., Council Chamber, 869 Park Avenue Cranston, R.I. pursuant to Section 3.12 of the Charter.

Complete copies of the proposed Ordinances are available for public review at the City Clerk’s Office and the Cranston Central Library and on the City’s website cranstonri.com under calendar by clicking on the Council March 23, 2015 meeting date, then docket

“Individuals requesting interpreter services for the deaf or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

John E. Lanni, Jr., Maria Medeiros Wall, JD

Council President City Clerk

PROPOSED ORDINANCE 3-15-01 IN AMENDMENT OF TITLE 5 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “BUSINESS LICENSES AND REGULATIONS” (Massage Body Works License)

*As Amended Safety Services

4/6/2015

This proposed Ordinance addresses a type of service offered by spas in and around the state. Currently, those towns which have enacted a massage parlor ordinance, like Providence and Cranston, have found that the spas rename themselves as Bodyworks facilities; by operating under that name they do not require compliance with the massage license requirements because they do not claim they’re giving massages.

The proposed Ordinance is designed to regulate those spas that are offering services but are exempt from the massage ordinance currently in place and establishes licensing requirements and regulations governing their operation and personnel and are subject to denial or revocation of the license by the City for violations after due notice and hearing to revoke as well as making violators subject to criminal penalties

*The proposed Ordinance was amended to require the wearing of a photo identification badge at all times while working, and increased the fines for violations of the licensing requirement.

Summary prepared by Patrick Quinlan, Council’s Legal Counsel.

Sponsored by Councilman Botts.

PROPOSED ORDINANCE NO. 3-15-03 IN AMENDMENT OF TITLE 12 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “STREETS, SIDEWALKS AND PUBLIC PLACES” (Sidewalk Reconstruction Cost Share Program II)

*Amended Safety Services Committee 4/6/2015

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 12 , Chapter 12.08 entitled SIDEWALK, CURB AND DRIVEWAY CONSTRUCTION, is hereby amended as follows:

12.080.080 Cost Share Program for Sidewalk Reconstruction.

A. A cost share program is hereby established pursuant to which homeowners in the City will be eligible, subject to availability of capital and general operating funds, to have their sidewalks repaired under a cost sharing program subject to the following procedures, restrictions, and conditions. Priority shall be given to [routes to schools and sidewalks heavily used by pedestrians.] Sidewalks within ¾ mile of an elementary school *and sidewalks on the following streets:

*Broad Street

*Narragansett Boulevard

*Park Avenue

*Pontiac Avenue

*Warwick Avenue

B. This cost share program shall be limited to residential units of four units or less.

C. No commercial properties shall be eligible for participation in this cost share program.

D. This cost share program will only be for the replacement of existing sidewalks in the City. No new sidewalks shall be eligible for approval under this program. The existing sidewalks that are eligible for this program shall only be for sidewalks running parallel to the roadway in the public right-of-way. Sidewalks running from the front door of the property are not eligible under this program.

E. The property owner will be responsible for the entire cost of the sidewalk with the city reimbursing the property owner on a set unit based fee per square foot subject to fiscal limitations.

The reimbursement rates will be $3/square foot for concrete sidewalks and $2/square foot for asphalt sidewalks. Property owners who are determined to be low income by the Comprehensive Community Action Program shall be eligible for a reimbursement rate of $4/square foot for concrete sidewalks and $3/square foot for asphalt sidewalks. In no case shall reimbursement exceed the cost of construction.

F. The property owner shall be responsible for hiring a contractor who is licensed by the State of Rhode Island Contractors Registration and Licensing Board. The contractor shall also be required to show proof of liability insurance as well as proof of workers compensation insurance.

G. The contractor selected by the property owner to perform the sidewalk repairs shall be required to obtain a Right of Way Permit from the Cranston Department of Public Works. All fees for this Right-of-Way Permit shall be waived under this program. The contractor shall be required to provide proof of registration with the Rhode Island Contractors Registration and Licensing Board and shall be required to provide proof of the required insurances. This proof of registration with the Rhode Island Contractors Registration and Licensing Board and proof of the required insurances shall be presented to the Department of Public Works during the application process for the Cost Share Program for Sidewalk Reconstruction. The Right of Way Permit shall be issued with a requirement that the contractor install the replacement sidewalk in accordance with the specifications of the City of Cranston. Sidewalks replaced under this program shall be replaced to match the materials of the existing sidewalk.

H. Upon completion of the sidewalk reconstruction work, the property owner shall submit to the Department of Public Works a Completion Statement and Request for Reimbursement on the forms provided by the Department of Public Works. A city staff member shall visit the site of the reconstructed sidewalk to inspect the work for conformance to the City specifications and shall verify the total square feet of sidewalk replaced. Upon approval by the Department of Public Works that the sidewalk conforms with the conditions of this program as well as to the City of Cranston sidewalk specifications, the Department of Public Works shall submit a payment application to the Director of Finance for direct payment to the property owner.

I. The reimbursement rates to be paid to the owner under the Cost Share Program for Sidewalk Reconstruction shall be set by the Cranston City Council at different rates for concrete sidewalks and asphalt sidewalks based upon the recommendations of the Director of the Department of Public Works and the Finance Director.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by: Councilman Stycos

4/9/15