MONDAY, APRIL 24, 2023, at 7:00 P.M.

MINUTES

 

 

The regular monthly meeting of the Cranston City Council was held on Monday, April 24, 2023 at 7:00 PM. in the Cranston City Council Chambers, Cranston City Hall, 869 Park Ave., Cranston, RI  02910 for the purpose of conducting the items of business appearing on the docket

 

I.          CALL TO ORDER

 

The meeting was called to order by Council President Marino at 7:07 P.M..

 

II.        ROLL CALL

 

The roll was called by the Clerk.  Stated as present:  Councilman Robert J. Ferri, Councilwoman Aniece Germain, Councilman John P. Donegan, Councilman Richard D. Campopiano, Council Vice President Lammis J. Vargas, and Council President Jessica M. Marino; (Councilman Christopher G. Paplauskas arrived at 7:15 p.m., Councilman Matthew R. Reilly arrived at 7:17 p.m., and Councilwoman Nicole Renzulli arrived at 7:34 p.m.)

 

Also present:  Legal Counsel Stephen Angell, Solicitor John Verdecchia, Council Internal Auditor/Budget Analyst David DiMaio, Personnel Director Michael Favicchio, City Clerk Tracy Nelson, and Assistant City Clerk Rosalba Zanni

 

III.       PLEDGE OF ALLEGIANCE

 

The Pledge of Allegiance was recited by the body.

 

IV.       APPROVAL OF MINUTES

 

A.  Minutes of the March 16, 2023 Special Council Meeting 

B.  Minutes of the March 27, 2023 Regular Council Meeting 

C.  Minutes of the March 31, 2023 Special Council Meeting 

D.  Minutes of the April 4, 2023 Special Council Meeting 

E.  Minutes of the April 13, 2023 Special Council Meeting

 

MOTION made by Councilman Ferri, SECONDED by Councilman Campopiano, to consider approval of all minutes as a block.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Vargas, and Marino 

(unanimous by those present)

 

MOTION made by Councilman Ferri, SECONDED by Councilman Campopiano, to approve the minutes indicated as items A through E, as presented.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Vargas, and Marino

(unanimous by those present)

 

 

V.        PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

            None

 

VI.       PUBLIC HEARINGS AND PUBLIC COMMENT

           

Atty. Andrew Teitz spoke on behalf of the applicant, TACO, with regard to the Zone Change Ordinance 2-23-02 for Carlsbad St.  There is also a representative of the company present to answer questions.  The Ordinance Committee approved an amendment on April 13, 2023 to increase the maximum building height from 45 ft. to 65 ft.  The ordinance linked to the docket is the unamended version.  If Council approves, he would ask that the motion specify "as amended".

 

Atty. Robert Murray spoke in favor of Ordinance 1-23-04 for Cranston Print Works.  Chris Reynolds of Brady Sullivan Properties is also in attendance.  Atty. Murray wishes to provide additional information with regard to the topic of rodent control.  He assures the City Council there will be no demo of the exterior, which is generally the cause of rodent issues.  All demolition will be interior.  Proper protocols will be in place in accordance with the Building Inspector. 

 

Atty. Murray also spoke on behalf of Restaurant Depot, in favor of Ordinance 3-23-02, as amended by the Ordinance Committee on April 13, 2023, relative to Kenwood St.

 

VII.     RESOLUTIONS

 

A.  Resolution Urging the City Council to Recognize April as "Celebrate Diversity Month"; Sponsored by Councilwoman Germain 

 

MOTION made by Councilman Donegan, SECONDED by Council Vice-President Vargas, to approve the Resolution.

 

Councilors Vargas, Donegan, Ferri, Marino, Campopiano, and Paplauskas asked to be added as sponsors.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Vargas, and Marino

(unanimous by those present)

 

B.  Resolution Establishing a Friendship City Relationship Between Cranston, R.I., and Stepanakert, In the Republic of Artsakh; Sponsored by Mayor Kenneth J. Hopkins

   

MOTION made by Council Vice-President Vargas, SECONDED by Councilwoman Germain to approve the Resolution.

 

VOTE:  Ayes:  Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

VIII.    REPORTS OF COMMITTEES

 

A.  Report from the Chair, Councilman Donegan, on the FINANCE COMMITTEE meeting held April 3, 2023

 

      1.  Resolution authorizing Real Estate Tax Abatements

 

MOTION made by Councilman Ferri, SECONDED by Vice-President Vargas to approve the resolution authorizing real estate tax abatements as requested.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

      2.  Resolution authorizing Motor Vehicle Tax Abatements

 

MOTION made by Councilman Ferri, SECONDED by Councilman Paplauskas to approve the resolution authorizing motor vehicle abatements as requested.

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas and Marino (unanimous by those present)

          

      3.  Consideration of Tax Interest Waiver Approvals  

 

MOTION made by Councilman Reilly, SECONDED by Councilman Paplauskas to approve the tax interest waiver approvals as requested.

 

VOTE:  Ayes - Ferri, Germain, Donegan Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

      4.  Consideration of Tax Interest Waiver Denials  

 

MOTION made by Councilman Ferri, SECONDED by Councilman Reilly to approve the tax interest waiver denials as requested.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

B.  Report from the Chair, Council Vice-President Vargas, on the ORDINANCE COMMITTEE meeting held April 13, 2023

 

Resolution Urging the General Assembly to support Legislation to protect the Pawtuxet River (HB-5087, HB-5088 and HB-5116).  Sponsored by Council Vice-President Vargas and Council President Marino 

 

The following Councilors asked to be added as co-sponsors:  Paplauskas, Donegan, Germain, Campopiano, Ferri, and Reilly.

 

MOTION made by Councilwoman Germain, SECONDED by Councilman Donegan to approve the Resolution and request the City Clerk send copies to the Governor, the Senate President, the Speaker of the House, and Cranston's delegation in the General Assembly.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

1-23-04            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, Entitled “Zoning” (Change of Zone – 1381 Cranston St. and 767 Dyer Ave. – Cranston Print Works Project). Sponsored by Councilman Paplauskas.  (Cont. 3/16/2023).   

 

The following Councilors asked to be added as co-sponsors:  Ferri, Donegan, Campopiano, and Vargas.

 

MOTION made by Councilman Ferri, SECONDED by Councilman Donegan to adopt Ordinance 1-23-04 as recommended by the Ordinance Committee.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino.  (unanimous by those present)

 

2-23-01            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled “Zoning” (Change of Zone – 0 Plainfield Pike, AP 36, Lots 8 and 37).  Sponsored by Councilman Campopiano.     

 

MOTION made by Councilman Ferri, second by Councilman Donegan to adopt Ordinance 2-23-01 as recommended by the Ordinance Committee.

 

VOTE:  Ayes - Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

2-23-02            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled “Zoning” (Change of Zone – 35 Carlsbad St. Plat 7 Lot 3141 and 0 Carlsbad St. Plat 7 Lot 3744).  Sponsored by Councilman Donegan.   

 

Chairwoman Vargas reported the committee voted to recommend passage, as amended, increasing the maximum building height from 45ft to 65ft. 

 

MOTION made by Councilwoman Germain, SECONDED by Councilman Ferri to adopt Ordinance 2-23-02, as amended by the Ordinance Committee.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

2-23-06            Ordinance in amendment of Title 9, Chapter 9.08.062 of the Code of the City of Cranston, 2005, entitled “Public Peace, Morals and Welfare – Notice Requirements for Removal and Pruning of Trees”; Sponsored by Councilman Donegan, Council Vice-President Vargas and Council President Marino; as amended in Committee 4/13/2023  

 

Councilman Ferri and Councilwoman Germain asked to be added as co-sponsors.

 

MOTION made by Councilman Ferri, SECONDED by Councilwoman Germain to adopt Ordinance 2-23-06, as amended by the Ordinance Committee.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

3-23-02            Ordinance in amendment of Title 10, Chapter 32 of the Code of the City of Cranston, 2005, entitled “Motor Vehicles and Traffic – No Parking – Commercial Vehicles” (Kenwood St. both sides).  Sponsored by Mayor Hopkins and Councilman Ferri; Co-sponsored by Councilwoman Renzulli, Councilman Donegan and Council President Marino; as amended in Committee 4/13/2023     

 

MOTION made by Councilman Donegan, SECONDED by Councilman Paplauskas to adopt Ordinance 3-23-02, as amended by the Ordinance Committee.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

3-23-03            Ordinance in amendment of Title 10, Chapter 04, Section 030 of the Code of the City of Cranston, 2005, entitled “Motor Vehicles and Traffic – Penalties for Traffic Violations”; Sponsored by Mayor Hopkins and Councilman Ferri.

 

MOTION made by Councilwoman Germain, SECONDED by Councilman Donegan to adopt Ordinance 3-23-03, as recommended by the Ordinance Committee.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

IX.       PUBLIC COMMENT FOR UNDOCKETED ITEMS

Public comment may be permitted, subject to time limitations, for UNDOCKETED items only.  Speaker to state name and address clearly for the record.  Comments to be limited to four minutes. 

 

Resident Nicki Miller, 708 Dyer Ave., read aloud a prepared statement.  Since January, 2020 there have been six accidents she can recall on the stretch of Dyer Ave. between Governor Sprague Mansion and Riverbend Apartments.  There are 2 crosswalks, both have been involved in accidents, one ending in a fatality.  Residents of the area are fearful due to speeding and illegal passing.  They have seen a speed reader installed.  However, it is set up right before the stop light; therefore, she does not believe it is an accurate representation of how people travel on the street.  The lack of stop signs, speed bumps, and radar signs, combined with poor lighting at the crosswalks, is endangering people in the community.  She is asking the city to be proactive in conducting a traffic study and to come up with a plan to combat this issue before any more lives or property are destroyed.

 

X.        ELECTION/APPOINTMENT OF CITY OFFICIALS

            None

 

XI.       REPORT OF CITY OFFICERS

            None

 

XII.     EXECUTIVE COMMUNICATIONS

 

A.  Consideration of Request from Detective Lieutenant Stephen E. Brooks for one year continuation of service with the Cranston Police Dept. for the period of April 2, 2023 to April 2, 2024 

 

Personnel Director Favicchio spoke on behalf of the Administration, in support of the extension.

 

MOTION made by Council Vice-President Vargas, SECONDED by Councilman Donegan to approve the extension as requested.

 

VOTE:  Ayes - Ferri, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous by those present)

 

B.  Consideration of Request from Chief James E. Warren for one year continuation of service with the Cranston Fire Dept. for the period of March 5, 2023 to March 4, 2024  

 

Personnel Director Favicchio spoke on behalf of the Administration.  He thanked Chief Warren for his willingness to continue his service.  Chief Warren meets all the qualifications.  He supports the request.

 

MOTION made by Councilman Donegan, SECONDED by Councilwoman Renzulli to approve the extension as requested.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

C.  Legal Expense Analysis for the period of July 1, 2022 – April 24, 2023. 

     

President Marino stated Council does not historically take a vote on the legal expense analysis; however, since it is listed with a vote, she will entertain a motion to receive for the record.

 

MOTION made by Councilwoman Renzulli, SECONDED by Council Vice-President Vargas to receive the legal expense analysis for the record.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

XIII.    COUNCIL PRESIDENT COMMUNICATIONS

 

Council President Marino reported the hiring of Thomas Lima for Video Technician Services for the Cranston City Council   (For information purposes only; no vote taken)

 

XIV.    COUNCIL MEMBER COMMUNICATIONS

 

Councilman Donegan asked if the RFP for the Comprehensive Plan has gone out.

 

Planning Director, Jason Pezzullo, reported that the Commerce Corp. has signed the grant agreement for $125,000.  There is a tentative task list of what the grant will cover.  The RFP is currently in final draft form.  Purchase and Finance are making final tweaks.  He anticipates it will go out in the next 1 ½ to 2 weeks.  Once live, the applications will be due in four weeks; then the Selection Committee will interview, score, and choose a consultant; and negotiate a contract.  It may be July or August once the contract is signed.  He is happy to submit written monthly status reports to Council.

 

Councilman Donegan thought the RFP was ready.  What needs to be changed? 

 

J. Pezzullo reiterated the RFP is in final draft form.  They keep looking at it and tweaking it.  Other internal parties are wanting to review.  They were picking dates for advertising and pre-bid conference today.  Finance Director Zidelis needs to review it for compliance with BOCAP.

 

Auditor DiMaio asked Director Pezzullo if he anticipates the RFP's will be back and they will be entering into a contract prior to the end of the fiscal year.

 

J. Pezzullo answered no.

 

Mr. DiMaio made Council aware there is $70,000 allocated in the current fiscal year budget.  Based on prior information from Director Igoe, if we don't have something signed, then that $70,000 will go down to a fourth quarter adjustment; and, if he is correct, there was no money allocated in the FY2024 budget for the Comprehensive Plan, so we'll only be working with $125,000.  He just wants to be sure the grant will be able to be used for that period, until we can get into the next budgetary period, so there will be additional funding to pay for the Comp. Plan. 

 

J. Pezzullo stated the $70,000 from 2022 was put into a dedicated account.  He'd ask that the $70,000 from 2023 be put into the same account, keeping the two appropriations intact, to pay for the project. 

 

Mr. DiMaio will need clarification from Director Zidelis, but he did go back to the budget hearings for 2022.  Director Igoe had stated that, if we did not have a signed agreement, that the $70,000 could not be set aside in a restricted fund, and that it would probably become a 4th quarter adjustment.  He hopes it is set aside.  He just wants to make the Council aware that, if it's not put in a restricted fund, the funds may not be available.

 

Director Zidelis confirmed the $70,000 from FY2022 was in fact reserved.  It did not flow to fund balance.  So, it has been reserved for this contract.   

 

Mr. DiMaio asked if this is reported somewhere in the financials.

 

Director Zidelis confirmed.  It is classified as deferred revenue on the city's financial statement.  There is also the $125,000 from the grant just executed. 

 

Mr. DiMaio assumes the same will be done for the $70,000 from FY2023.

 

Director Zidelis indicated this is why he is pushing to get the RFP out.  So that there is some substantiation.  The plan right now is yes, depending on the timing.

 

Councilwoman Renzulli asked if the Planning Commission was involved in the RFP; or if it was just the Planning Dept. and Administration.

 

J. Pezzullo answered the RFP is not prepared directly by the Planning Commission.  The Planning staff worked with the Administration and the Commission President.  Because this process goes through BOCAP, at least two commission members will be involved. 

 

Councilwoman Renzulli asked if Council will be able to see the RFP.

 

J. Pezzullo answered typically, no.  The RFP is confidential until it goes public.

 

Councilwoman Renzulli asked if the bids will be sealed.

 

J. Pezzullo confirmed.  They will follow the BOCAP process.

 

Councilwoman Renzulli asked if there is anyone in mind that could do the work faster and better.  Someone who has done this work in the past; a sole source for Cranston.

 

J. Pezzullo answered no.  Once the bid goes out, he anticipates receiving bids from a few really good consulting firms in the region.

 

Councilwoman Renzulli asked what portion of the work on the Comprehensive Plan will be done by the staff versus the consultant.

 

J. Pezzullo stated that overall, start to finish, the consultant will do 60-70% of the work.  The remaining 30-40% will be done by staff.  Future projects, like the land use map, will be done internally. 

 

Councilwoman Renzulli asked how long the project will take.

 

J. Pezzullo answered three to four, maybe less.  It needs approval from all the state departments.  It is a lengthy process. 

 

Councilwoman Renzulli referred to a housing bill that would perhaps put Cranston in a not great place if our plan was not updated by 2024.  Would we be exempt if we were started on the process?

 

J. Pezzullo has not heard this bill has much traction.  He has a call with Statewide Planning tomorrow.  He can get some information on what it would mean with our existing plan.  He noted that he has been working on components of the Comp. Plan for a while now.  The Hazard Mitigation Plan, adopted a couple of weeks ago, is an element of the Comprehensive Plan.  He will try to get clarification and provide it in his next report.  He reiterated that he will provide monthly written updated status reports.

 

XV.     COUNCIL BUSINESS MATTERS CARRIED OVER

 

A.  Resolution Adoption of the City Council Rules for the 2023-2024 Term;

      Sponsored by Council President Marino.  (Cont. from Special Council meeting 4/13/2023) 

 

MOTION made by Council Vice-President Vargas, SECONDED by Councilman Ferri to approve.

 

Discussion:

 

Councilman Paplauskas has some amendments to propose.  First, he thanked Solicitor Angell and President Marino for putting the rules together.   

 

MOTION made by Councilman Paplauskas, SECONDED by Councilman Reilly to remove Section E on page 2, in its entirety.  This is covered in Chapter 3.07 of the City Charter and Section 2.04.060 of the Code of Ordinances.  They set the rules for calling emergency meetings.

 

President Marino pointed out the Rules indicate the Charter and Ordinances take precedence over the Rules.  She does not see any conflict or issue with this provision.

 

Councilman Reilly feels it is redundant and unnecessary to have in the Rules. 

 

Councilman Donegan has not read the entirety of Chapter 3.07, but it does say meetings shall be held as prescribed by the Rules.  If he is reading it correctly, this provision would give the presiding officer the ability to call a special meeting in addition to the meetings prescribed in the Charter.  He does not believe it would be counter to the Charter.  He will not vote in favor of this change.

 

VOTE ON AMENDMENT:  Ayes - Renzulli, Campopiano, Paplauskas, and Reilly / Nays - Ferri, Germain, Donegan, Vargas, and Marino;  MOTION FAILS by vote of 4/5.

 

MOTION made by Councilman Paplauskas, SECONDED by Councilwoman Renzulli to add language at the end of the first paragraph under Standing Committees - Generally in Section 4 stating that the Minority Leader will appoint two minority members to the standing committees.

 

VOTE ON AMENDMENT:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

MOTION made by Councilman Paplauskas, SECONDED by Councilman Reilly to strike from page 5, the sentence under Miscellaneous that reads "The President shall have the authority to remove and replace any committee member who fails to be present at committee meetings and/or who fails to attend to or actively participate in committee business.".  His intent, if this motion passes, is to propose another amendment taking rule 4A from the prior rules of the 2019-2021 term that reads "the Council President shall recommend removal of any members of committees, including Chair and Vice Chair, to the City Council, who shall, by a majority vote, accept or reject the Council President's recommendation."  He has seen this rule in use.  It's a good rule.  It is fair and goes along with the past practice of the Council.  It basically says the same thing.  It just includes the check and balance of a majority vote.

 

President Marino feels a better compromise might be to leave the sentence and add "subject to majority vote of the Council" after "remove and replace any committee member".

 

Councilman Donegan agrees with the sentiment, but in the three terms that he's been elected, it's been a 5/4 Council.  Perhaps it should be 2/3 for removal of a committee member, which is kind of a big deal, to ensure a bipartisan vote.

 

Council Vice-President Vargas would support the amendment using a 2/3 vote as suggested by Councilman Donegan; otherwise, she will not support the amendment. 

 

Councilman Paplauskas declined to amend his motion.  If his motion fails, another Council member can make a motion for 2/3, but he prefers the majority.

 

President Marino announced the motion on the floor, as made by Councilman Paplauskas, is to strike the sentence from the section.  She suggested he withdraw his motion so that a motion can be made adding the 2/3 provision to the language.

 

Councilman Paplauskas declined to withdraw his motion.  He does not support the 2/3.  He would prefer to move forward with a vote on his motion to remove the sentence.  He clarified it is his intention to make a subsequent motion to add "by majority vote".

 

Council President Marino called to move the question on the floor.

 

VOTE ON AMENDMENT:  Ayes - Renzulli, Campopiano, Paplauskas and Reilly / Nays - Ferri, Germain, Donegan, Vargas, and Marino;  MOTION FAILS by vote of 4/5.

 

MOTION made by Councilman Donegan, SECONDED by Councilwoman Renzulli to add, after the word member, "with a 2/3 majority of the City Council"

 

MOTION made by Councilman Paplauskas, SECONDED by Councilman Ferri, to AMEND the proposed amendment from "2/3" to "a majority vote of the Council".

 

The Council President indicated Councilman Paplauskas cannot amend an amendment.  It is improper procedure. 

 

Councilman Paplauskas deferred to Robert's Rules of Order.

 

Counselor Angell stated there is an amendment on the floor presently.  You either vote for the amendment or you don't. Solicitor Verdecchia added that the amendments must be taken one at a time.

 

After consultation with legal counsel, Council President Marino stated the motion on the floor is Councilman Donegan's motion to amend the language, which was seconded.  This is the motion we will hear at this time.  After that, we will entertain other motions.  She will be voting in favor of Councilman Donegan's motion.  She called for the vote.

 

VOTE on the original MOTION, which was made by Councilman Donegan, and SECONDED by Councilwoman Renzulli:  Ayes - Renzulli, Germain, Donegan, Campopiano, Reilly, Vargas, and Marino / Nays - Ferri and Paplauskas; MOTION CARRIES by vote of 7/2.

 

MOTION made by Councilman Paplauskas to AMEND what was just amended from 2/3 to majority vote of the Council.

 

Counselor Angell advised that only a member voting in the majority can move to reconsider the motion.

 

Council President Marino stated Councilman Paplauskas' motion has been ruled out of order by Counselor Angell and Solicitor Verdecchia.

 

MOTION made by Councilman Paplauskas, SECONDED by Councilwoman Renzulli, to add on page 4 that special committees may be established, from time to time, by a majority vote of the Council.

 

Councilman Donegan asked for the rationale behind this amendment.

 

Councilman Paplauskas explained it is an old rule.  He thought it was nice because it gave the Council some flexibility.  He didn't see it in the proposed rules and would like it added back in.  He mentioned the Flood Committee, established when Director Favicchio was a member of Council.

 

Council Vice-President Vargas asked if Council can currently form special committees.

 

Council President Marino confirmed Council can, by ordinance.  That is historically what's been done.  There were many committees formed that way.  That is the proper way.  She feels this addition is not warranted in the Rules.

 

Counselor Angell pointed to page 5 of the proposed Rules.  The last sentence under Miscellaneous states "The President may appoint a special committee of the Council, subject to these Rules, for limited purpose and for a limited duration."  This does address the issue.  It gives this power to the leadership.

 

Councilman Paplauskas asked Counselor Angell if, without this rule, the Council President does not wish to form a special committee, would a majority of the members of the Council be able to?

 

Counselor Angell answered no.

 

Council President Marino added, unless it was created by ordinance.

 

Councilman Donegan understands Councilman Paplauskas' perspective, but he agrees with the Council President.  Any member of the City Council has the power to effectively create a committee with a majority vote by enactment of an ordinance, which would further delineate the rules and membership of the committee, and the schedule etc. which would make it subject to Open Meetings.  For the reason that avenue already exists, he will be voting against the amendment. 

 

Councilman Ferri sees this as a way to form a committee for something that comes up as an emergency; to avoid the process of introducing it as new business, sending it to Ordinance Committee, then back to Council. It could take two months.  If Council wanted to look into something fast, it could be done in one meeting.  It makes sense. 

 

President Marino pointed out that, when forming special committees, we need to consider the clerk, and the burden in that capacity.  They'll be subject to open meetings.  Minutes will be required.  There should be extra steps. A special committee is something she sees as short-term, for an emergency type of situation, which should be rare.

 

Councilman Reilly asked Counselor Angell if the prior rules allowed the Council President to call a special meeting.

 

Counselor Angell commented, candidly, that the prior rules were not written well.  They did not address business like this necessarily.  He sees Councilman Paplauskas' point.  The way these are written it gives the Council President, and the leadership, the right to establish a special committee.  With that said, Council can establish a special committee by ordinance.  If it's an emergency, then the Council can convene a session on an emergency basis, called by the leadership, to take control of the situation.  There are several avenues currently available to the Council to convene for emergency purposes that don't require waiting a month, or months on end, for a committee to be created.

 

Councilman Reilly asked, again, if the Council President was previously allowed to do this.  He asked the Solicitor if he had any knowledge of it.

 

Personnel Director Favicchio confirmed a couple of special committees were formed during his time on Council.  He believes it was done by recommendation of the Council President, with a majority vote.  He's not sure how they established the authority to do it, but he knows they did do it.

 

Councilman Reilly, to Councilman Ferri's point, believes all 8 members, as well as the Council President, would do what they need to do.  He just does not want to see the Rules get too top heavy.

 

President Marino thanked Councilman Reilly for his comments.  She does not see the Rules as being too top heavy.  With regard to it taking three months, it does not take three months to set up a committee.  Things go to committee the same month, and then they go to full Council at the end of the month.  Emergency meetings can be called.  It shouldn't take three months to pass an ordinance to set up a committee. In the end, this isn't going to happen often, and all nine members of Council have the ability, by majority, to form committees. 

 

VOTE ON MOTION:  Ayes - Ferri, Renzulli, Germain, Campopiano, Paplauskas, and Reilly / Nays - Donegan, Vargas, and Marino; MOTION CARRIES by a vote of 6/3.

 

MOTION made by Councilman Paplauskas, SECONDED by Councilwoman Renzulli, to create a new paragraph, on page 2 or 3, under Section 3:  Meetings: Docket; Public Participation; Open Meetings Act, (unless Counselor Angell suggests elsewhere), stating that all Resolutions, other than celebratory, shall first go to a committee for hearing.

 

The Council President asked Councilman Paplauskas to specify a location.

 

Councilman Paplauskas suggested adding to Docket Generally, under Section 3.

 

Councilwoman Germain asked Councilman Paplauskas to clarify why he would like resolutions to go to committee first.  She noted a resolution is a will.  It is not binding. 

 

Councilman Paplauskas explained that many times resolutions deal with fiscal notes or things going through the General Assembly.  A committee hearing gives the public an opportunity to comment.  He reiterated celebratory resolutions would be exempt.

 

Counselor Angell made Council aware that passage of this amendment would mean this Council would not be able to consider any resolution for immediate consideration, even on an emergency basis, unless it is a celebratory resolution.

 

Council Vice-President Vargas asked Councilman Paplauskas if he would consider exempting emergency resolutions as well.

 

Councilman Paplauskas has no problem exempting them.  He believes the Charter already contains language dealing with emergencies that would trump these Rules.

 

Council Vice-President Vargas asked Counselor Angell if this amended language was suitable.  Counselor Angell confirmed.

 

Council President Marino supports the amendment.  It is current practice. 

 

VOTE ON MOTION:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

Councilwoman Renzulli noted a spelling error on page 3: the word nature is spelled incorrectly in the section Obligation of Council Members for Docket Content.  She also has a slight concern with questions and concerns being addressed to the President or designee "during normal business hours".  She would like this extended to 8pm in consideration of those working during normal business hours and different employment situations.

 

MOTION made by Councilwoman Renzulli, SECONDED by Councilman Donegan, to change the phrase "during normal business hours" to "until 8pm".

 

Council Vice-President Vargas asked for the reasoning behind use of "during normal business hours".

 

Council President Marino explained it is for the benefit of the clerk.

 

Councilwoman Renzulli clarified she was referring to contact with the President until 8pm, not the clerk.  She wants to avoid being out of order for not understanding an item on the docket.

 

VOTE ON MOTION:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

Councilwoman Renzulli asked for clarification of the statement at the bottom of page 6 that reads "shall avoid personalities".  She would like more specifics on what that means.

 

Counselor Angell explained the term "avoid personalities" means avoiding personal attacks or getting personal in any fashion.

 

Councilwoman Renzulli asked if it subjective, based on the President's discretion.

 

Counselor Angell replied the words mean what they mean.  Members are asked to confine their remarks to the issue at hand; and to avoid personalities, personal attacks, and things of that nature.  That's what the term generally means in the art of rulemaking.

 

Councilwoman Renzulli referenced the next sentence in the section that reads "In committee, committee members shall speak on a docketed item before non-committee members and members of the public, who shall have the right to speak after all Council members.  She asked if this is subject to the discretion of the chair.  Many times, the public is allowed to speak first.

 

President Marino confirmed.  It is up to the Chair of the Committee.

 

The City Clerk suggested an addition to Exhibit A, the Council Docket, for items for informational purposes only, with no action required.  This would be in lieu of the previous section that read "Miscellaneous Business on the Clerk's Desk" that was removed from the docket on the advice of legal counsel.

 

Council President Marino has no issue adding this section to the docket for regular Council meetings. 

 

MOTION made by Councilman Reilly, SECONDED by Council Vice-President Vargas, to add to the full Council agenda, a section for informational purposes only.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

Council President Marino thanked everyone for their contributions to the rules and amendments.  A good job was done making sure all interests are represented.  She called for a motion for approval of the rules as amended.

 

MOTION made by Councilman Reilly, SECONDED by Councilman Ferri, to approve the Resolution Adopting the City Council Rules for the 2023-2024 Council Term.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Reilly, Vargas, and Marino / Nays - Paplauskas; MOTION carries by vote of 8/1

 

XVI.    INTRODUCTION OF NEW BUSINESS

 

4-23-01      Ordinance in Amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled "Zoning" for Change of Zone for 0 Bedson Road, located at Assessor's Plat 4, Lots 2606-2609; sponsored by Councilman Paplauskas; to be referred to the Ordinance Committee meeting of June 15, 2023

 

4-23-02      Ordinance Ratifying the IBPO (International Brotherhood Police Officers Contract, Local Union 301 (FY 2024 - 2026); Sponsored by Mayor Kenneth J. Hopkins; to be referred to the Finance Committee meeting of May 1, 2023      

 

4-23-03      Ordinance In Amendment of Title 3, Revenue and Finance, Chapters 3.84, 3.88, 3.92, 3.96, and 3.97 of the City of Cranston, 2005, Entitled "Tax Incentive Programs"; sponsored by Mayor Kenneth J. Hopkins; to be referred to the Ordinance Committee meeting of May 1, 2023

 

Council President Marino pointed out a scrivener's error.  The docket refers to Ordinance 4-23-03 as being sent to the Ordinance Committee.  It should read that it is being referred to the Finance Committee meeting of May 1, 2023.

 

Petition of Narragansett Electric to install pole on Budlong Dr., to be referred to the Public Works Committee meeting of May 11, 2023

 

Petition of Narragansett Electric and Verizon New England to install pole on Melton St., to be referred to the Public Works Committee meeting of May 11, 2023

 

Opening of bids in response to the advertised sale of Lot 300 on Tax Assessor Plat 4/2 situated at 42 Heath Avenue in the City of Cranston (site of the former Sanders School); to be referred to the Finance Committee meeting of May 1, 2023 **

 

MOTION made by Councilman Ferri, SECONDED by Councilman Paplauskas, to take all new business as a block.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

MOTION made by Councilman Ferri, SECONDED by Councilman Paplauskas to refer all the new business items to their respective committees.

 

VOTE:  Ayes - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino  (unanimous)

 

XVII.  ADJOURNMENT (Vote to be taken)

 

MOTION made by Councilwoman Renzulli, SECONDED by Councilman Reilly, to adjourn at 8:40 P.M.            All Ayes

 

Council President Marino announced the meeting may need to be re-opened.  Per the Solicitor, the Administration is looking to open the bids for the sale of property.  After consultation with legal, she advised the item appears on the agenda as new business being referred to the Finance Committee, so Council is not able to hear opening of bids this evening.  The meeting remains adjourned.

 

 

Minutes approved as written May 22, 2023

 

 

Attest:  ____________________________

          Tracy A. Nelson, CMC

                                 City Clerk