SPECIAL ORDINANCE COMMITTEE NOTICE OF PUBLIC HEARING

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A Public Hearing on the following proposed Ordinance and Resolutions will be held before the Special Ordinance Committee on Thursday, June 18, 2020 at 6:00 p.m. pursuant to Section 3.12 of the Charter via Zoom

Topic: Special Ordinance Committee
Time: Jun 18, 2020 06:00 PM
Eastern Time (US and Canada)

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Meeting ID: 948 5825 0271
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Complete copies of proposed Ordinance and Resolutions are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear 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.”


Michael Favicchio, Chair Leanne Zarrella
Ordinance Committee City Clerk


THE CITY OF CRANSTON
ORDINANCE OF THE
CITY COUNCIL
IN AMENDMENT OF TITLE 8
OF THE CODE OF THE
CITY OF CRANSTON, 2005,
ENTITLED “HEALTH and SAFETY’’
(Plastic Bag Reduction)

WHEREAS, the City Council enacted Ordinance 2019-14 on March 25, 2019 relating to the elimination of plastic bags by local restaurants and businesses; and

WHEREAS, the enforcement of Section 8.12.140 of the City Code was enacted with enforcement of any violations of its requirements stayed until July 1, 2020; and

WHEREAS, local restaurants and businesses have been closed and financially hurt by the state and local emergencies declared by the Covid-19 pandemic; and

WHERAS, the enforcement of the plastic bag reduction will impose additional economic harm on businesses who have been closed and still have an inventory of bags to use and are not yet ready to operate under the required provisions.

NOW THEREORE, the Cranston City Council desires to extend the date of enforcement until July 1, 2021.

Section 1. Chapter 8.12.140 of the Code of the City of Cranston, 2005, entitled “Plastic Reduction” is hereby amended by extending the enforcement date of the ordinance until July 1, 2021.

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

Sponsored by Councilmember Hopkins

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 2.03 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(Ward Redistricting)

SECTION 1. That Section 2.03 of the Home Rule Charter of the City of Cranston be amended related to Elective Officers—Mayor and Council.

Sec. 2.03 – Elective officers—Mayor and council.

Beginning with the general city election of 2012 and every four years thereafter the mayor shall be elected for a term of four years. There shall also be elected at each general city election for a term of two years a council of nine members, one from each of six wards, and three council members city-wide.

(a) No person who has been duly sworn as mayor effective with the election of November 2012 shall be elected to the office of mayor for more than two consecutive four year terms.

(b) No person who has been duly sworn as a member of the city council effective with the election of November, 1994 shall be elected to said office for more than five consecutive two year terms. By ordinance, Tthe city shall be divided into six wards in such a manner that each ward shall: (1) consist of a compact and contiguous portion of the city; (2) , respect the geographic integrity of local neighborhoods or local communities of interest in a manner which minimizes their division to the extent possible; (3) be bounded by major roads or natural features to the extent possible. and that aAll wards shall contain as nearly as possible an equal number of inhabitants as determined by the most recent federal decennial census, and shall request that such plan be enacted into law. The place of residence of any incumbent or political candidate shall not be considered in the creation of wards. Wards shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 3, 2020 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas and Council Kenneth Hopkins

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 2.09 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(City Campaign Contribution Reporting)

SECTION 1. That Section 2.09 of the Home Rule Charter of the City of Cranston be amended related to City Campaign Contribution Reporting.

Sec. 2.09 City Campaign contribution reporting.

All candidates for local municipal office and all party committees in the City of Cranston required to file reports of campaign contributions and expenditures with the State Board of Elections shall file duplicate copies of all such reports with the city clerk. In the event of failures to file by any such reports with the city clerk. In the event of failures to file by any such candidates or committees, the city clerk shall cause copies of such missing reports to be secured from the State Board, and shall maintain a log of all such reports available in the city clerk’s office, and make the log and copies of reports available for public inspection during business hours.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 8, 2022 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 3.07 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(City Council Meetings)

SECTION 1. That Section 3.07 of the Home Rule Charter of the City of Cranston be amended related to Meetings.

Sec. 3.07 Meetings.

Regular meetings shall be held at such times as the rules of the council shall prescribe; provided, that not less than one regular meeting shall be held each month. Special meetings may be called by the mayor, the president of the council or any three members upon at least twenty-four hours written notice delivered by messenger or registered mail at the place of residence of each member or via email. Such notice shall state the specific items of business to be transacted at the meeting and no other business shall be transacted thereat unless all members are present and consent thereto. Any regular or special meeting may by action of a majority of the members present be adjourned to a time fixed in such motion and such adjourned meeting shall be treated in all respects as a continuation of the original meeting. All meetings of the council and its committees shall be open to the public. Under such reasonable rules as may be adopted by the council for the preservation of order and decorum and the efficient conduct of its business, opportunity shall be given at all regular meetings, as well as at scheduled hearings, for citizens to be heard on matters within the authority of the council. The mayor, city solicitor and the directors of finance and public works shall be assigned permanent seats in the council chamber. The mayor shall be entitled to introduce ordinances and to be heard at any time on all matters before the council. The city solicitor and the directors of finance and public works shall have the right to be heard on the legal, financial and engineering aspects, respectively, of pending municipal legislation. The heads of all other departments shall have the right to be heard on problems within their respective jurisdictions.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 8, 2022 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 6.10 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(Mayor’s Line Item Veto)

SECTION 1. That Section 6.10 of the Home Rule Charter of the City of Cranston be amended related to Mayor’s line item veto.

Sec. 6.10 - Mayor’s item veto.
The signature of the mayor shall not be required on the operating budget and appropriation ordinance. Following their adoption, if the council has changed increased the amount of any item or items of appropriation or added an item or items of appropriation not included in the operating budget and appropriation ordinance as submitted by the mayor the city clerk shall forthwith deliver to the mayor a copy of the portion of the journal recording such changes. If the mayor disapproves of any such change, the mayor shall within forty-eight hours of his receipt of the record of changes file with the city clerk a message of disapproval. The council may by a vote of two-thirds of all its members override the mayor’s disapproval. If the mayor’s disapproval is not overridden the change disapproved shall be eliminated.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 3, 2020 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas and Council Kenneth Hopkins

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 6.20 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(Rainy Day Fund)

SECTION 1. That the Home Rule Charter of the City of Cranston be amended to establish a Rainy Day Fund in Section 6.20.

Sec. 6.20 Rainy Day Fund (Undesignated Fund Balance)

The city shall maintain an undesignated fund balance (Rainy Day Fund), which shall, at a minimum, be equal to five percent of the city’s annual operating budget. No appropriation, allotment or expenditure shall be made which would cause the year end undesignated fund balance (Rainy Day Fund) to go below five percent of the city’s annual operating budget except for an unanticipated non-recurring expenditure or revenue loss arising from an emergency involving the health, safety or property of the residents of the City of Cranston. Such an appropriation that would cause the amount in the year end undesignated fund balance (Rainy Day Fund) to go below five percent of the city’s annual operating budget shall be made upon the written recommendation of the mayor and approved by the affirmative votes of at least two-thirds of the entire city council.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 3, 2020 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas and Council Kenneth Hopkins

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 6.21 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(Property Tax Levy Cap)

SECTION 1. That the Home Rule Charter of the City of Cranston be amended to establish a property tax levy cap in Section 6.21.

Sec. 6.21 Property Tax Levy Cap

The city may not increase the property tax levy by more than three percent above the amount levied for the previous fiscal year unless approved by the affirmative vote of at least four-fifths of the entire city council and at least one of the conditions set forth in R.I.G.L. Section 44-5-2 is met. R.I.G.L. Section 44-5-2 provides for the following conditions for a tax increase: (1) the city forecasts or experiences a loss in total non-property tax revenues; (2) the city experiences or anticipates an emergency; (3) the city forecasts or experiences debt services expenditures that exceed the prior year’s debt service expenditures by an amount greater than a four percent increase; or (4) the city experiences substantial growth in its tax base as the result of major new construction that necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 3, 2020 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas and Council Kenneth Hopkins

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 8.01 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(City Solicitor Residency)

SECTION 1. That Section 8.01 of the Home Rule Charter of the City of Cranston be amended related to the Department of Law.

Sec. 8.01 Department of Law

There shall be a department of law which shall consist of the city solicitor and such assistant city solicitors and other employees as may be provided by ordinance. The city solicitor shall be appointed and removed by the Mayor as provided in section 5.02. The city solicitor shall be a qualified elector of the city of Cranston, an attorney admitted to practice in the courts of licensed to practice law in Rhode Island and shall at the time of the city solicitor’s appointment have so practiced for five years. The city solicitor shall appoint to serve at the city solicitor’s pleasure the assistant city solicitors who shall be electors of the city of Cranston and attorneys at law admitted to practice in the courts of licensed to practice law in Rhode Island. Such other employees of the department as there may be shall be appointed by the city solicitor, subject to the provisions of chapter 14. The compensation of the city solicitor and assistant city solicitors shall be fixed by ordinance.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 3, 2020 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas

Referred to Special Ordinance Committee June 18, 2020


THE CITY OF CRANSTON
RESOLUTION OF THE
CITY OF CRANSTON
PROPOSING AMENDMENT TO
SEC. 13.07 OF THE CRANSTON HOME RULE CHARTER AND DIRECTING THE SECRETARY OF STATE TO PLACE ON THE BALLOT THE FOLLOWING AS A
REFERENDUM QUESTION
(Citizens Guide to the
Land Development Process)

SECTION 1. That the Home Rule Charter of the City of Cranston be amended related to the Citizens Guide to the Land Development Process in Section 13.07.

Sec. 13.07 Citizens Guide to the Land Development Process

It shall be the duty of the planning director and/or such other employees as he/she deems appropriate to create, maintain, and update consistent with changes in the law a “Citizens Guide to the Land Development Process” and to make said guide available on the city website and in hardcopy in the office of the Planning Department at City Hall.

SECTION 2. That the City Clerk and the Cranston Board of Canvassers forward certified copies of the resolution to the Secretary of State, with a notice that the above question be placed on the ballot at the November 8, 2022 general election, pursuant to the provisions of Sec. 8 of Article XIII of the Constitution of the State of Rhode Island.

SECTION 3. That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election, and that sufficient copies of the proposed amendment be made available in the city clerk’s office for all persons desiring a copy thereof.

SECTION 4. Subject to the approval of these proposed amendments by the electors of the City of Cranston at the aforesaid election, the Cranston City Council does hereby memorialize the General Assembly to act favorably on the validation of the above amendment to the Cranston Home Rule Charter.

Sponsored by:
Councilman Christopher Paplauskas

Referred to Special Ordinance Committee June 18, 2020

6/18/20

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