I.  CONSENT CALENDAR

   A.  APPROVAL OF COUNCIL JOURNALS

May 3, 2005 – Closed Meeting

May 3, 2005 – Regular Meeting

   B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT

1.                                                                                                      $641.76

1.                                                                                                      $111.30

Total                                             $753.06

   C.  COASTAL RESOURCES MANAGEMENT COUNCIL

          Cease and Desist Order

           Property located at Map 313, Parcel 08, Unit 008, Jose Sousa, 5 Harding Avenue

   D.  CARNIVAL – June 24, 25, & 26, 2005

         St. Martha’s Church, 2595 Pawtucket Avenue

   E.  RESOLUTION–Town of Exeter, RI:  Resolution in support of pension reform.  

   F.  RESOLUTION – Town of East Greenwich: 3 Resolutions: one in support of the Governor’s proposed pension reforms; one for increase of real estate conveyance tax to be received by municipalities; and one requiring utility and other companies who maintain infrastructure within municipal rights-of-way to pay for all costs entailed on relocation of that infrastructure by any public works project.

   G.  RESOLUTION – Town of North Kingstown:  Resolution in support of the USS  Saratoga Museum Project at Quonset/Davisville.

   H.  ALCOHOLIC BEVERAGE CLASS F, CARNIVAL, & TENT – July 22, 23, & 24, 2005 Pierce Field – East Providence Heritage Days Festival

On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.

Without objection, a motion is made by Councilman Miranda to move up Communications after Public Hearings.

II.  APPOINTMENTS

       Beautification Commission

       Joseph Gibson - reappointment (by Councilwoman Perry)

       12 Waterview Avenue (02915)

On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.

       Louise King – reappointment (by Councilwoman Perry)

       35 Greenwich Avenue (02914)

On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.

       Hilda Andrews - reappointment (by Councilman Miranda)

       2 North Spruce Street

On motion of Councilwoman Perry, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

       Allan Gilmore (by Councilman Midgley)

       12 Waterview Avenue (02915)

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.

III.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

B-FP Victualer – (Transfer)

From:  John Rodrigues, B&B Tavern

To:  Florice Craig, Lumber Yard, Inc. d/b/a 3^rd Base Tavern, 281 Massasoit Avenue

For the record, it is noted that Assistant Solicitor Chapman recuses himself.  He is representing the applicant with their title.

Florice Craig, 129 West River Street, Seekonk, MA, is present and sworn in by the Assistant City Solicitor.

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Vict/Not Over 25 – (Transfer)

From:  John Rodrigues, B&B Tavern

To:  Florice Craig, Lumber Yard, Inc. d/b/a 3^rd Base Tavern, 281 Massasoit Avenue

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

LICENSES NOT REQUIRING PUBLIC HEARING

            Dance/Entertainment (to amend existing license to include outdoor café)

Albertino R. Milho, Madeira Restaurant, 288-290 Warren Avenue

On motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to defer until all matters are resolved to the City’s satisfaction.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

COMMUNICATIONS

Joyce Boucher, 74 Bayview Avenue

Requesting to address the Council re: permission to close off Gerald Street from Bayview Avenue to Crown Avenue on July 2, 2005 from 12pm – 9pm for block party

On motion of Councilman Midgley, seconded by Councilman Perry, it is unanimously voted to continue this matter until present.

Joseph S. Karas, M.D. , 10 Ellis Street

Requesting to address the Council re: permission to block off Ellis Street from the corner of Ellis and Pawtucket Avenue and Ellis and Derman Street on July 23, 2005. 

Rain date is July 30, 2005, from the hours of 1pm - 8pm for the 3^rd Annual Ellis Street Block Party.

            Joseph S. Karas is present and sworn in by the Assistant City Solicitor.

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to approve subject to approval from the Chief of Police.

IV.  NEW BUSINESS

 A.       CITY MANAGER’S REPORT

1.  Edward Byrne Justice Assistance Grant 2005

Mr. Fazioli states we are asking for resolution approving this grant submission. This will be on file for thirty-days for public comment period at the Police Station.  Chief Paquette steps forward and states that the grant money will be used for maintenance fees, live scan, IMC data base, and for Verizon Wireless.  Have been using the Byrne Grant for the last ten years.  Comes from Federal Government and not required to put in any money in.  Not enough to pay all the maintenance fees we have so we will have to come up with some money through the budget or other means to make up the difference. 

On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to approve submission of the grant application.

2.  Award to Cardi Corp. (low bidder) 2002 Bond Issue Roadway Imp. Phase III

On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to defer until the next Council Meeting.

B.        REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (By Timothy Chapman, Asst. City Solicitor)

            Ricardo Brito, Claim No. 05-46                        Denied

            Anna Ferrara, Claim No. 05-56                        Refer to NE Construction

            Glenn Gorman, Claim No. 05-53                      Deny

            Patrick Peck, Claim No. 05-55                        Deny

            Paul Teixeira, Claim No. 05-48                        Deny

            Querrino Ventre, Claim No. 05-42                   Deny

            Cheryl Withers, Claim No. 05-57                     Refer to insurance carrier

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to accept as presented.

C.        COUNCIL MEMBERS

(By Councilman Midgley)

Forbes Street Compost Site

Councilman Midgley wants to let the public know that the compost site on Forbes Street is opened once a month for yard waste only through October.  The dates it will be opened are July 9, August 6, September 10, and October 8, 2005 from 10am-2pm.   

Five-pounds of trash in a two-pound bag

Councilman Midgley states we provide a service to the citizens of East Providence by picking up trash on a weekly basis.  Some people are using City as a dumpster instead of hiring a dumpster to get rid of the large amounts of trash they have.  It is just not fair.  The trucks are getting filled up too quickly.  I’ve spoken to Steve Mutter about this and they are coming up with a plan for people that are using the City instead of hiring a dumpster.  Just want to let people to be aware of this.  We will pick up a reasonable amount of trash on weekly basis.  A plan will be coming out to let people know what will be done about this issue.  If you have that much trash, you need to hire a dumpster.

(By Councilwoman Perry)

Illegal Signage

Councilwoman Perry states illegal advertising signs are being seen everywhere on telephone poles all over the City.  They are becoming more and more prominent.  Would like to see if the Council could direct the City Manager to have someone take these signs down.  Maybe the citizen’s police academy could be utilized to do take them down.  Also, a reminder that yard sale signs, although the Council approved them, they must be removed within 12 hours after the yard sale.  We want to attract businesses and other people to our community and we want to have a nice looking community.

Mayor Larisa states he would like to direct the City Manager to come up with a report on this to see what can be done.  Would also like to alert the residents of the City that you have the right to take the signs down yourself.  We have the ordinance, the signs are illegal, and you won’t get in trouble for taking a sign down.  We will wait for a report from the City Manager on this.

Councilman Caine states there is a Zoning Ordinance about illegal signage and there are fines that are associated with it.  The issues are do we have the manpower to take these signs down and do we want to start fining people for it.  Should look into seeing if the fine is sufficient and put a permit in place to send out fines for this.

East Bay Community Bike Path

Councilwoman Perry states she was on the bike path near the Causeway in Riverside and there is a group of people out there called the East Bay Community Bike Path.  They get donations of water and ice and are out on the bike path on Saturdays and Sundays throughout the summer handing out bottled water.  I was there one Saturday and it was amazing to see the number of people that came by and were thankful to get a cold drink.  Also, a church group from Worcester came by and wanted to know where the Carousel was, so we directed them to it and when I left, I saw them all at the Carousel.  I just wanted to commend them and want to let the people know that if you’re out on the bike path between Veteran’s Parkway and Haines Park, there are people there with water if you need it.

Unanimous Consent:  Councilman Miranda would like to remind everyone that Day of Portugal/Flag Day will be held on Thursday, June 9, 2005 starting at Noon outside of Council Chambers.

(By Mayor Larisa)

Upset at your Tax Increase?  So am I

Mayor Larisa received a few calls from constituents saying that their tax bills went up, what happened?  I thought this Council was going to be more fiscally conservative.  My response is that we are.  Your recent tax bill, which has a 6.97% increase in it, was not done by this City Council, it was left over by the prior City Council, which voted on that increase last October.  This Council has not voted on any tax increases, water, sewer, or anything else at this time.  The first time we will be doing that will be for property taxes this October 2005.  In the prior two years, we’ve had the two biggest property tax increases in history of the City.  The year before that was not a property tax rate increase of enormous proportion, but the property tax bills went up 20, 30, 40, or 50% or more because what I view as not a good way to handle revaluation and a failure to increase the homestead exemption.  I don’t believe it was properly adjusted for.  People had asked me to clarify this to the people who are blaming this increase on this City Council.

Potential State Street Area Flooding Fix – request for RIDOT letter and action

Mayor Larisa states that Councilman Miranda, Midgley, and I have been involved with this problem of the residents around State Street and the flooding on the Seekonk line during an extreme water event.  We were all out there then and in a very bad storm, there was substantial flooding in that area.  It has been well known to the City for many years and it may be that there are few options to do anything about it.  We received a letter from Paul Capaldo from the Conservation Commission, and in his view, the biggest issue is the bridge that connects East Providence to Seekonk not being able to handle the volume of water that happens during severe storms.  The water has nowhere to go but in the yards, cellars, basements, and first floor of the residents in that area.  Ask that the RIDOT look at that situation in the bridge and see if there is anyway to enlarge the bridge or fix that. Residents have suggested that maybe if we get rid of the overgrowth of vegetation under the bridge, that may help without replacing the bridge. 

Councilman Miranda states at previous meeting that when this was brought up, I said there had been a study done and some people thought I didn’t know what I was talking about.  I knew one had been done, but had misplaced it.  I just found the other day a copy of a report that reads Runnins River Water Shed Storm Water Management Study.  The other night, I walked that area and spoke to a lot of neighbors and told them what I had found.  Would like to present copy of this study for the City Manager and to Steve Coutu to look at. Would like to have RIDOT look into the problem down there and come back with a report to the Council on this matter. 

Grand Opening RLMP Handicap Access Path and Ramp

Mayor Larisa discusses the public being denied access to staircases at Crescent Beach and seeing people risking injury to get around them to get down to the beach and asking every time I’m down there why. The answer is that it was done by a prior City Council and that there is a policy that until the wheelchair ramp is open, we cannot let anyone else use the stairs.  To me, that is a wrong policy and not a fair one.  It doesn’t help the people in wheelchairs because none of them that I have spoken to agree that we should shut down the stairs for everyone, including other handicap people, while the City is going through great efforts to get the wheelchair access ramp completed.  It hit home when the first man who came up to me at the opening on Saturday.  His name was Jim Marlan.  He was on his rascal scooter and I asked what he thought and he said he wasn’t happy because these stairs should have been opened a long time ago.  And he proceeded on one leg to get out of his rascal and came up to join me.  I asked him if he would you like to be the first person down the open stairs and he said he that he would.  I didn’t accept thanks that day as a private citizen or even as Councilman at Large, I accepted it on behalf of the City as Mayor of the City and I did so proudly.  The next man to go down the stairs was an ADA blind person.  So it really hit me then that handicap access ramp is really not the right wording.  It’s really is a wheelchair and mobile scooter access ramp because some of the handicap are able to use the stairs.  No one is complaining that the stairs shouldn’t be used and that we shouldn’t allow our residents on the beach, everyone wants that, and we all want it at the earliest possible time.  The policy of the Governor’s Commission is that they wish for them both to open at the same time; I disagree with this policy.  I spoke to the Department of Justice Civil Rights Division, Disabilities Section, and they said that there is no law requiring a municipality to keep a ready to be used stairway from handicap and public access while waiting for the wheelchair ramp to be opened.  My mother was disabled under ADA, and if you remember in her last campaign before she passed away, she rode around the City in her own rascal scooter and if she were here today, I’m sure she would say the same thing that others have said.  The City made a mistake and has acknowledged that the designer of the park made this mistake last year.  And the City said it would fix the problem.  Most cases go to court because the City won’t fix the problem.  Then the court orders them to fix it.  It doesn’t shut down the amenity; it says to fix the problem.  People like my mother would have said, while fixing the problem, let’s let the stairs open and have the people use them.  I believe that is the proper policy and should be followed.  We are very close to having the wheelchair access opened.  We’re trying to expedite that as fast as possible and to go with the unanimous Council policy of getting our residents down to the beach at the earliest possible time.  When I was taking down the barriers at the second handicap accessible stairway, another woman came by and said thank you, what’s taken so long.  I asked her what she was doing down here and she said she was from Sabin’s Point and that she walks in this park everyday.  She said she walks the beach during low tide from Sabin’s Point to Crescent Beach. 

The second issue I have is about the article in today’s paper.  Most know I’ve championing for years and have been opposed to a strong Mayor form of government.  I’m not a strong Mayor.  I’m not a Mayor Laffey or Avedisian or Cicilline or Doyle.  They can make unilateral decisions as they are elected to that post.  I serve out of the City Council to be Mayor.  I cannot act in that capacity without the authorization of the City Council.  The City Manager runs the City on a day-to-day basis. Policy is set by the City Council and he must abide by those policies.  For me to go to the opening, open the staircase, and conduct the ground breaking on that day, I believed that I had the implied authorization of the City Council to do so.  Prior to this, this Council, this City, the City Manager, the Planning Director, everybody, was in unanimous agreement that we were going to open the stairs on June 4^th and have a second opening in July for the wheelchair access.  We met at the site on May 5^th to get underway with the contractor about the wheelchair access ramp and we talked all about it and what we would do. There was always a mention that we were going to call Mr. Salvas.  The City Manager informed me he tried to contact him, and it wasn’t until Thursday afternoon before the Saturday groundbreaking that was already set up, that Mr. Salvas called back and told the City Manager they while they are not saying it is illegal, we would object to you opening them earlier.  And that is what set up the chain of events that unfortunately led to this weekend’s problem.  Before that time, I had announced at Council Meeting on May 17^th that we were going to do two separate grand openings and there was no objection by anyone on the City Council or from anyone in the City, why would there be.  And the question is what happened after Mr. Salvas called on Thursday?  While your technically you’re not suppose to have meetings outside of a public meeting, I felt an obligation to see if there was a strong consensus of not doing it by touching base with the Council members.  Councilman Caine said not to do it, just wait until the Governor’s handicap commission says it approves, whether it was the law or not, just don’t do it.  By voice mail, Councilman Midgley said he wasn’t crazy about it and hopes we not putting the City in any jeopardy.  Be careful down there, you’re on your own. I called him back to thank him for trusting me and I said there is no legal violation here and I’m not going to put the City in any jeopardy, legally, morally, or otherwise. Councilwoman Perry comments were that this may turn into a circus.  She said she couldn’t be at the opening because of a prior engagement to help clean the Turner Reservoir.  I spoke to Councilman Miranda he said you’re the lawyer, but if you’re telling me we won’t get into trouble, you do what you have to do.  Based on these conversations, I viewed at the time on Friday night, I went to the park and brought my tools and I was able to get it down and we had the ribbon cutting on Saturday morning.  The City Manager authorized the barrier to be put back up.  My view, whether right or wrong and based on those facts, I believed I had the implied authority of this Council prior to last Thursday and that implied authority was not rescinded or revoked by the Council after last Thursday and just like any professional manager government, I took that authority and proceeded to act on what I thought was consistent with the wishes of the City Council.  Where does that leave us today?  We’re trying desperately to get the wheelchair access opened at the earliest possible time.  We’re going to have a groundbreaking and this time, hopefully all members of the Council will be there when the access of both staircases and the wheelchair access ramp are opened.  We don’t want people risking life and limb going over the barriers, I know people have been doing that and that was one of the concerns I have that this is creating a very dangerous situation with those barricades and people trying to get around them.  Because I believe I had implied authority, this charge of vandalism is what really bothers me.  I didn’t vandalize anything, vandalism is an act done by an individual to destroy or harm property.  All I did was take down an existing barrier, left it by the side, and I believed I had full authority to do so.  The vandalism charge in the paper did not come from the City Manager, and just as Council members recently spoke, the City Manager is the one who calls the shots, not Department Heads. I’d like for the City Manager to explain what really happened with that report that was filed.

The City Manager states that it was not a criminal report.  There were no criminal charges filed and there is no criminal investigation.  This was just an incident report that we file whenever there is any damage or destruction to any public property that happens at any of our parks or facilities.  When it was reported to me by the Assistant Director of Parks midday on Saturday and I was asked what we should do, I said to put it back up.  Normally, we file a report when public property has been displaced or tampered with for insurance purposes.  And I said to them, if it is standard operating procedure, then file that incident report. The report is filed with the Police Dept. for safety measures for insurance purposes in case the City has to file a claim.  Again, it was not a criminal report.  There are no criminal charges against the Mayor and no investigation.  It was simply an incident report that this occurred.  If a City employee inferred that we should seek restitution from the Mayor, then that comment was made out of line.  As far as we’re concerned, the issue is closed and the City is not seeking any restitution from the Mayor.  I did speak to Mr. Salvas and he said the commission would object to the opening of the stairs without the wheelchair access being complete and I took that as the City could be facing sanctions from individuals who could put a claim against the City under ADA for violating there rights.  That’s why I made the decision.  For the record, there was an issue of the barricades across the stairs and fence that blockade one of the sets of stairs and that was installed as the result of a motion by Councilman Miranda back in October to keep that fence up until the ADA issue was resolved on concerns of a resident that the wall that was exposed before the fence was put up could possibly injure someone climbing up on the retaining wall and falling down about 20 feet.  That’s why it was very important in my mind that the fence be reinstalled because there was a known liability to the City that there was no fence to keep people off of that retaining wall. 

Councilman Caine states from his prospective, public access is not the issue, it is whether there was consent from the Council.  You must have express consent by motion, not implied consent.  You have to put it on the docket and vote on it.  This did not happen and in my opinion, was there was no implied consent, no consent at all.   Just because you said you were going to do something doesn’t make it our obligation to tell you whether or not to do it.  I just want to make sure that going forward, if we as Council members have something to do, we put it on the docket before everybody.  That’s what the Charter says we need to do.  I believe the Mayor is right, everyone agrees at some point we should have equal access to all. 

Councilman Miranda states to the Mayor that when you called me, I asked you if there was any violation or would we be jeopardizing the City. Your comment was I know that I’m not breaking any laws, I know what I am doing is legal.  My response to you was that you are an attorney and I believe as an attorney you know what you’re doing.  I wanted to make sure we weren’t jeopardizing the City in any way and again you said I know I’m not.  Then I said you do what you have to do.  I also want to make it clear tonight I felt very strongly when this started and I mentioned it to two other Council members that we should have called for a special meeting to decide whether we should have told you right there and then because you were under the impression that no one commented on May 17^th when you brought it up to discuss this.  I still feel that a meeting should have been called to discuss this.  I just hope this doesn’t happen again. I think what has to happen is from now on, there has to be better communication with this Council and once we agree to that, then we won’t have any more problems.

Mayor Larisa states he wishes there would have been a special meeting called too.   Had there been more communication and as you can see why it didn’t happen is because of the time with it being Friday and the opening on Saturday.  Then when it was re-closed, I was not made part of those discussions to re-close and there were a lot of conversations going on between Council members, the City Manager, and the City Solicitor that I was shut out of.  So on both sides, I think we need, as you said, to have more communication between us.  When there is an emergency situation, we should have posted a notice of an emergency meeting notice and had a meeting and talked the whole thing out.  What we will change now is that we need a vote to have any actual openings in the future.  When they were opened, there was no Council vote to open Rose Larisa Memorial Park or Freedom Green.  If we need a Council vote to open a public building, then we’ll do that every time.  But that will be a change from the standard procedures.  Why did those open without council vote?  Because there was no disagreement.  And this time, a disagreement erupted with only 40 hours to go.  I believe this will not happen again and the next time we have an opening, which will be when the wheelchair access ramp is ready to open, we will have it on the docket for a vote on it.

Councilwoman Perry states she looked back at the minutes of April 20, 2004, and  Councilman Rogers stated he hopes it doesn’t turn into a political circus as they were discussing Rose Larisa Memorial Park ADA access and those were my words a couple of weeks ago.  I rode down to the park today and I saw people lying in the sun, an elderly couple sitting on the bench watching the water, children were playing on the grass.  This is not only one of the most beautiful places in East Providence, but in the entire State.  I thought how sad it is that this has turned into a circus.  I call it the runaway bride syndrome.  We have a country at war, we have unrest in the world, world hunger, nuclear bombs being built and problems that we face with decreasing funding to states and municipalities, but what do we see in the paper.  In East Providence, we had a water crisis, sewage backups, crumbling sidewalks, and leaking school roof, but what is getting the most headlines?  Whether or not the stairs should be opened at Rose Larisa Memorial Park.  It’s very sad and it made me realize the potential this City has.  We have the upcoming waterfront development, the plans for downtown revitalization, a multi-purpose recreation center, but if we continue on this path, these will just be pipedreams and they will never be completed, just like Waterfront Drive, a road to nowhere.  One main reason I ran for Council was that I was tired of listening to the bickering that took place on the previous Council and I don’t want to take part in that kind of thing.  I will support waiting until all people can access this beach.

Councilman Midgley states that this didn’t turn out to be a grand opening.  When we do something as an elected official, even though we do it as an individual, we carry the banner of the City with us.  No matter what we do, we are under scrutiny.  We have to act in a prudent manner.  I’m not trying to call you any name, but a wise man profits from a foolish mistake.  You learn by experience and by mistakes.  I left you a voice mail and said you were on your own on this one.  It’s not disastrous, the path will be opened and people will enjoy the park and life will go on.

Without objection, it is unanimously voted to change the order of business to move Communications to be heard next.

Joyce Boucher, 74 Bayview Avenue

Requesting to address the Council re: permission to close off Gerald Street from Bayview Avenue to Crown Avenue on July 2, 2005 from 12pm – 9pm for block party

Albert and Jason Boucher are present and sworn in by the Assistant City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to approve subject to approval from the Chief of Police.

D.      INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on June 21, 2005 for a public hearing and consideration of final passage).

The following is an ordinance amendment pertaining to the issuance of a license or permit to carry a concealed pistol or revolver.

SECTION I.  Section 12-1. entitled "Carrying pistol or revolver." of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Police" is amended to read as follows:

Whenever a license is issued by the chief of police to carry a pistol or revolver, the fee for such license shall be $40.00 and a list of all of those obtaining such license and paying such fee shall be kept at the city clerk’s office.  A license will be issued by the chief of police to carry a pistol or revolver to a suitable person who is a retired regular officer in good standing, an active reserve/constable in good standing, or a holder of a State of Rhode Island permit in accordance with the City of East Providence policy regarding the issuance of a license or permit to carry a concealed pistol or revolver pursuant to R.I.G.L. § 11-47-11.

The fee for such license shall be $40.00 and shall be payable to the city clerk’s office upon approval by the East Providence police chief as outlined in said policy.

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: Chief of Police.)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for First Passage.

There being no further business, on motion of Councilman Midgley, seconded by Councilman Caine, the meeting adjourns at 8:40 P.M.

Attest:

__________________________________

Dana L. Toy

City Clerk   

Approved: July 12, 2005