(The following is not a verbatim transcript of comments or discussion that occurred during the meeting, but rather a summarization intended for general informational purposes.  All motions and votes are the official records).

 

SPECIAL MEETING – CITY COUNCIL

 

-MAY 16, 2022-

 

            A Special meeting of the City Council was called held on Monday, May 16, 2022 in the Council Chambers, City Hall, 869 Park Ave., Cranston, Rhode Island.

 

            The meeting was called to order at 6:05 P.M. by the Council President.

        

Roll call showed the following members present:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

 

            Absent:  Councilwoman Vargas -1.

 

            Also Present:  Anthony Moretti, Chief of Staff; Christopher Millea, City Solicitor, Michael Igoe, City Controller; Stephen Angell, City Council Legal Counsel; David Dimaio, City Council Budget Analyst.

 

            Council President Paplauskas stated that on the agenda this evening are two items for reconsideration.  The first is “Resolution Levying and Ordering the Assessment and Collection of a Tax on Ratable Real Estate and Tangible Personal Property at such a Rate to be Fixed y the City Assessor” and the second is “Resolution Adopting the Capital Budget and Capital Improvement Program Submitted by the Mayor for Fiscal Year 2022-2023”.  He asked for a motion to take the agenda out of order and vote on the Capital Budget Resolution first.  He also asked Attorney Angell to give everyone a synopsis of what is in front of the Council this evening before any motions are made.

 

            Attorney Angell stated that what you have before you this evening essentially is the Resolution relative to the Tax Levy as well as the Resolution relative to the Capital Budget.  As the Council is aware, this meeting was called back into session pursuant to the Mayor’s request that a special meeting be held to reconsider these two items. 

 

            Attorney Angell stated that, as the Council is aware, he distributed a confidential attorney/client memorandum to all the Council Members this afternoon that addresses these issues and also addresses the issue relative to the Rainy Day Fund and while he will not speak on the legal opinion that is it, he will speak in general and answer whatever questions the Council may have, but each of the items would need to be reconsidered.  There would need to be a motion made by a member of this body who was part of the prevailing vote so a member of the six would have to make a motion to reconsider each of these items.  The second on that motion is reconsideration can come from any member of the body.  If the body then votes in the affirmative to reconsider the item, the reconsideration is put to rest and you can have debate on the motion for reconsideration as part of Robert’s Rules of Order, but what happens next is then a motion would be put on the floor either to approve or disapprove of the particular Resolution with any debate followed by a vote and there could be amendments during the course of that debate.  He asked if there are any questions he will be happy to answer them.

 

            Councilman Donegan asked what the duties are that are outlined in the Charter relative to what the Council has to pass.  Attorney Angell stated that this Council has a duty to provide a tax levy.  You essentially have to fund the City and that is done by a tax levy.  Failure to do so disables the financial apparatus of this City and its ability to issue tax bills to collect Revenue.  That levy is directly related to the bottom line Revenue number projected for the Operating Budget as proposed by the Mayor and as passed into law given the vote of this Council so there must be a correspondence between that and the levy.  Presently, this Council 6-3 has voted the levy down.  There is no ability presently for the financial apparatus of this City to raise the Revenue that it needs to fund next year’s fiscal responsibilities.  His suggestion to the Council President and to all the Council Members collectively in his memorandum was that the Capital Budget be addressed first.  Failure to pass the Capital Budget creates a couple of immediate concerns with respect to the finances of the City first and foremost.  There are Capital Projects in progress including bonding and financing of those projects.  When speaking of projects in process, you are talking about contractual arrangements that are in place for the work that is to be done on those projects. Those contractors, sub-contractors and vendors signed or are assigned those contracts with the expectation that they would see that contract through its logical conclusion and that they would be paid for their services and their goods.  Presently, a denial of the entire or disapproval of the entire Capital Budget essentially causes a de facto Cease and Desist with respect to that so you have contractual obligations that are set to be unfulfilled in light of the failure to pass that, at least that portion of the budget.  With respect to proposed work, you have things that voters have approved to be bonded that have gone through a planning process and have been proposed, this Council, policy wise through its work with the Administration, can chose perhaps to defer some of those prospective projects in order not to incur additional debt service, however, given short timeframe, there may be language in the Referendum that went to the voters that makes that impossible to do.  His recollection is that in the prior Election cycle, the voters of this municipality made their mind up that they wished to spend a significant amount of money on some improvements.  It is also his understanding, as he looked at the budget, that there is at least one school in process, for example, he believes it is Garden City School, which that project will not be funded in this FY.  There has been much talk about this Council and its desire for clarity relative to street paving, that is also funded by the Capital Budget so there would be essentially no street paving in FY 2020-2023 if the Capital Budget stands as it is.  With respect to the particular numbers, he thanked Mr. Igoe for generously spending some time with him last week for him to provide some of the specificity and clarity on the numbers that he provided to the City Council in his memorandum and would defer to Mr. Igoe with respect to the specific numbers.  He knows the immediate concern of the Council was the bottom line of the budget number was $330 million.  He indicated that the Charter was not violated relative to the Rainy Day Fund with respect to this present Budget.

 

 

            On motion by Councilman Reilly, seconded by Councilwoman Renzulli, it was voted to take the docket out of order.  Motion passed on a vote of 8-0.  The following being recorded as voting “aye”:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Campopiano, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

 

            Council President Paplauskas asked of a motion to reconsider the “Resolution Adopting the Capital Budget and Capital Improvement Program Submitted by the Mayor for Fiscal Year 2022-2023.”

 

RESOLUTION ADOPTING THE CAPITAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM SUBMITTED BY THE MAYOR FOR FISCAL YEAR 2022-2023

            On motion by Councilman Reilly, seconded by Councilman Donegan, it was voted to reconsider the above Resolution.  Motion passed on a vote of 8-0.  The following being recorded as voting “aye”:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Campopiano, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

            On motion by Councilwoman Renzulli, seconded by Councilman Reilly, the above Resolution was adopted on a vote of 8-0.  The following being recorded as voting “aye”:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Campopiano, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

 

 

            Council President Paplauskas asked of a motion to reconsider the “Resolution Levying and Ordering the Assessment and Collection of a Tax on Ratable Real Estate and Tangible Personal Property at such a Rate to be Fixed by the City Assessor.”

 

 

RESOLUTION LEVYING AND ORDERING THE ASSESSMENT AND COLLECTION OF A TAX ON RATABLE REAL ESTATE AND TANGIBLE PERSONAL PROPERTY AT SUCH A RATE TO BE FIXED BY THE CITY ASSESSOR

 

            On motion by Councilman Reilly, seconded by Councilman Donegan, it was voted to reconsider the above Resolution.  Motion passed on a vote of 8-0.  The following being recorded as voting “aye”:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Campopiano, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

            On motion by Councilman Reilly, seconded by Councilwoman Renzulli, the above Resolution was adopted on a vote of 8-0.  The following being recorded as voting “aye”:  Councilwomen Marino, Renzulli, Germain, Councilmen Donegan, Campopiano, Reilly, Council Vice-President Ferri and Council President Paplauskas -8.

 

 

The meeting adjourned at 6:30 P.M.

 

 

 

 

                                                                       

 

/s/ Rosalba Zanni

Acting City Clerk