MINUTES

 

       MONDAY, DECEMBER 18, 2023, at 7:00 P.M.

 

The regular monthly meeting of the Cranston City Council was held on Monday, December 18, 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 at 7:00 P.M. by Council President Jessia M. Marino

 

II.        ROLL CALL

 

The roll was called by the Clerk.  Stated as present:  Councilman Robert J. Ferri, Councilwoman Nicole Renzulli, Councilwoman Aniece Germain, Councilman John P. Donegan, Councilman Richard D. Campopiano, Councilman Christopher G. Paplauskas, Councilman Daniel Wall, Council Vice-President Lammis J. Vargas, and Council President Jessica M. Marino.  Also present:  Stephen Angell, Council Legal Counsel; David DiMaio, Council Budget Analyst; John Verdecchia, Asst. Solicitor, Christopher Millea, City Solicitor; Anthony Moretti, Chief of Staff, and Tracy A. Nelson, City Clerk

 

III.       PLEDGE OF ALLEGIANCE

 

The Pledge of Allegiance was recited by the body.

 

IV.       APPROVAL OF MINUTES   (votes may be taken)

 

Approval of the minutes of the November 27, 2023 Regular Council Meeting 

 

MOTION made by Councilman Ferri, SECOND by Councilman Donegan to approve the minutes.

 

VOTE:  Ayes – 9 (unanimous)

 

V.        PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

           

CITATIONS recognizing the Hope Highlands Boys and Girls Cross Country Teams for winning the city championship   (no vote)

 

Councilwoman Renzulli and Councilman Campopiano presented the citations.  The members of the All-City Team were also recognized.  Citations will be prepared and delivered to their respective schools.

 

VI.       PUBLIC HEARINGS AND PUBLIC COMMENT   (Votes may be taken)

           

Nick Lima, City Registrar spoke about the Act to be submitted to the General Assembly.  The Canvassing Authority voted unanimously to recommend the special bond referendum be held June 4, 2024.  He provided an overview of anticipated turnout, cost, and impact on his office.

 

VII.     RESOLUTIONS   

            None

 

VIII.    REPORTS OF COMMITTEES  

 

A.  Report from the Chair, Councilwoman Germain, on the CLAIMS COMMITTEE: 

      December 4, 2023 claims paid   (no vote)  

 

No action.

 

B.  Report from the Chair, Councilman Ferri, on the SAFETY SERVICES AND LICENSES COMMITTEE meeting held December 4, 2023

 

NEW CLASS BV LIQUOR LICENSE for Caffe Knightsville, LLC located at 1669 Cranston St.   (Over the Cap; requires full Council approval)   (Vote may be taken)

 

Atty. Christopher Maselli spoke on behalf of the applicant.  The location is the old Knightsville Pub.  They will offer light fare for after dinner cocktails, coffee, and dessert.

 

MOTION made by Councilman Wall, SECOND by Councilman Donegan to approve the new Class BV Liquor License, subject to receipt of all paperwork and fees.     

 

VOTE:  Ayes – 9 (unanimous)

 

11-23-02   ORDINANCE in Amendment of Title 5 – Business Licenses and Regulation, Chapter 16, of the City of Cranston Code of Ordinances, 2005, Entitled ‘Amusement Machines and Pool Tables’; Sponsored by Councilman Ferri. 

 

Councilman Ferri explained the ordinance is currently written to collect a fee of $100 per table; however, we have always collected a flat fee of $100.  The amendment changes the ordinance to $100 annual fee.  We will see no revenue loss.

 

Councilwoman Renzulli asked if we could have legally been charging $100 per table.

 

T. Nelson read aloud the section of RIGL 5-2-11 that states the fee shall be not less than ten dollars nor more than $200 dollars.  There is no reference to a per table fee in the law.

 

Asst. Solicitor Verdecchia explained the plain and ordinary meaning of the ordinance suggests a flat fee, not per table.

 

MOTION made by Councilman Donegan, SECOND by Councilwoman Germain to approve the amendment of Chapter 5.16 of the Code as proposed.

 

VOTE:  Ayes – 9 (unanimous)

 

C.  Report from the Chair, Councilman Donegan, on the FINANCE COMMITTEE meeting held December 4, 2023

 

Consideration of Tax Interest Waiver APPROVALS for the month of November, 2023 as requested by the City Treasurer    

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to approve the tax interest waiver approvals.

 

VOTE:  Ayes – 9 (unanimous)

 

RESOLUTION Authorizing Real Estate Tax Abatements as recommended by the Tax Assessor    

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to approve the real estate tax abatements.

 

VOTE:  Ayes – 9 (unanimous)

 

RESOLUTION Authorizing Motor Vehicle Tax Abatements as recommended by the Tax Assessor    

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to approve the motor vehicle tax abatements.

 

VOTE:  Ayes – 9 (unanimous)

 

RESOLUTION Authorizing Tangible Tax Abatements as requested by the Tax Assessor  

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to approve the tangible tax abatements.

 

VOTE:  Ayes – 9 (unanimous)

 

RESOLUTION Transferring $307,000 from the American Rescue Plan Act Funds Allocated for the Purpose of Improving City of Cranston School Playgrounds; As amended by the Committee 12/4/2023; Sponsored by Council Vice-President Vargas and Councilwoman Renzulli; Co-sponsored by Councilmen Campopiano, Wall, Paplauskas, Ferri and Donegan, Councilwoman Germain; and Council President Marino

 

MOTION made by Councilwoman Renzulli, SECOND by Councilwoman Germain to approve the Resolution.

 

VOTE:  Ayes – 9 (unanimous)

 

RESOLUTION Supporting a legislative act of the Rhode Island General Assembly that enables the City of Cranston to seek approval of its voters to issue bonds and notes for the construction, purchase, and/or acquisition of land and buildings, renovation, landscaping, rehabilitation, repair, improvements, furnishing, and equipping of and/or additions to Cranston Public School buildings; Sponsored by Council President Marino, Councilwoman Renzulli, and Councilman Donegan; Co-sponsored by Councilwoman Germain, Councilmen Wall and Ferri, and Council Vice-President Vargas 

 

MOTION made by Councilwoman Renzulli, SECOND by Councilwoman Germain to approve the resolution.

 

Council President Marino pointed out a few scrivener errors in the legislative act.  There is a “.” between the words “share” and “ratio” in the header as well as in section 14, line 22 that should be removed.  She was advised by Nick Lima that the language on lines 15-23 in section 14 should not be in all caps.  Aside from the scrivener errors, she would also like to amend the language throughout to reflect “not less than 50%” rather than “not less than 70%” so as not to handicap the city from borrowing if the reimbursement rate falls below 70%.  All indications are that the reimbursement will be higher.

 

MOTION made by Council President Marino, SECOND by Councilman Donegan to amend the resolution.

 

Discussion:

 

Councilman Paplauskas asked if this was a substantive change.  Does it need to be referred back to committee?  At the public hearing the change from 74% to 70% was vetted.  He would hate to have this kicked back because it is a substantive change. 

 

Atty. Angell does not feel it is substantive or requires referral back to the committee.  He explained that RIDE will determine the reimbursement rate using a formula.  If it were only 67%, the city would be dead in the water. 

 

Asst. Solicitor Verdecchia concurred.

 

Chief of Staff Moretti stated the administration was told the reimbursement rate would be 74%.  They allowed the level of 70% to be put in the legislation. The position of the administration is that changing the minimum reimbursement rate from 70% to 50% is a substantive change.  

 

Councilwoman Renzulli pointed out the rate reported in the news was no less than 70%.  That would now be misinformation.  The Finance Director is not present.  She asked if the auditor could provide the financial impact. 

 

D. DiMaio, Budget Analyst, cannot calculate without the rate of reimbursement.  He deferred to legal.    

 

Council President Marino explained we are against the clock to get the 74% available reimbursement rate.  There is a difference of opinion as to whether the change is substantive or not.  50% is the floor.  It is important to move forward this evening.  If bond counsel advises differently, we can reconsider. 

 

Council President Marino called for a brief recess at 7:48 P.M. for legal to confer.

 

Council President Marino reconvened the meeting to order at 7:58 P.M.

 

VOTE ON AMENDMENT:   Ayes – 9 (unanimous)

 

MOTION made by Councilman Ferri, SECOND by Council Vice-President Vargas to approve the resolution and legislation as amended.

 

VOTE:  Ayes – 6  (Ferri, Germain, Donegan, Wall, Vargas, and Marino) / Nays – 3  (Renzulli, Campopiano, and Paplauskas)

 

MOTION CARRIES BY MAJORITY VOTE 6/3.

 

D.  Report from the Chair, Council Vice-President Vargas, on the PUBLIC WORKS COMMITTEE meeting held December 7, 2023

 

RESOLUTION   Supporting “Complete Streets”; Sponsored by Councilman Donegan and Councilman Ferri; Co-sponsored by Councilwoman Germain, Council Vice-President Vargas, and Council President Marino 

 

MOTION made by Councilman Donegan, SECOND by Councilwoman Germain to approve the resolution.

 

Discussion:

 

Councilwoman Renzulli agrees with a lot of this.  The devil is in the details.  She will vote in favor as a resolution.  For this to become an ordinance, it needs more work, including a fiscal note.  Providence has more pedestrian traffic and they have concerns.

 

Councilman Ferri spoke to Providence.  There were hiccups.  Changes were made.  They moved forward.

 

Councilman Paplauskas spoke at committee.  90% of traffic is cars.  He does not want to inconvenience drivers. 

 

Councilman Campopiano thinks it’s a great idea.  He is keeping an open mind.  His concern is taking away parking spaces.  That discussion is not for tonight.

 

Councilman Donegan stated there are traffic and speed issues.  The purpose of the redesign/retrofit is to make the streets safer for all users.  It will not be every street.  It will not affect just cars.  At the planning level, smart development can make the streets safer and help the local economy flourish.  The Planning Department helped to write the resolution.  He will work with everyone to write an ordinance.

 

Councilman Wall shares some concerns.  He supports the spirit of the resolution.  As an ordinance, he would want to see a fiscal note.

 

Council Vice-President Vargas believes in equitable transportation.  This is not an ordinance.  It is a resolution.  The committee will take input at the time it becomes an ordinance.  We can learn lessons from the other municipalities and adjust to fit Cranston.

 

Councilwoman Germain shares the sentiment.  The resolution is not binding.  It shows we are open to change and working toward a safer community that is growing.  We can use other communities as examples.

 

Council President Marino thanked Councilmen Donegan and Ferri for sponsoring the resolution originally.  The city is large enough to encompass improvements.  We can look at implementing it in the Comprehensive Plan.  We owe it to businesses to be more pedestrian and public-transportation friendly.

 

VOTE ON MOTION:  Ayes – 8 (Ferri, Renzulli, Germain, Donegan, Campopiano, Wall, Vargas, and Marino) / Nays – 1 (Paplauskas)

 

MOTION CARRIES BY MAJORITY VOTE 8/1.

 

E.  Report from the Chair, Council Vice-President Vargas, on the ORDINANCE COMMITTEE meeting held December 7, 2023

 

9-23-01   ORDINANCE in Amendment of Title 17, Chapter 24 of the City of Cranston, 2005, entitled "Performance Standards Generally" adding Section 17.24.50 Retail Sales of Cannabis; As amended by the Committee 12/7/2023; Sponsored by Mayor Kenneth J. Hopkins    [Planning Commission Recommendation]

 

MOTION made by Councilman Ferri, SECOND by Councilman Donegan to approve.

 

Discussion:

 

Asst. Solicitor Verdecchia had a conversation with a member of the Cannabis Board in charge of administrating the retail sales laws and statutes.  There are a lot of questions.  His biggest concern is to be sure we do not act in conflict to the state rules and regulations.  They have not yet been drafted.  The board has not met.  The only thing on the books is the state statute giving local control to the municipalities.  Until the rules and regulations are drafted, he cannot be certain our ordinance complies.  He has a tentative meeting with one of the committee members. An executive session may be appropriate at the next Council meeting.  It might be a good idea to get the ordinances enacted limiting to M1, M2 and industrial zones eliminating the concern for B and C zones.  Realistically, the state will not be issuing the licenses for months, possibly a year.  This isn’t as urgent as he thought it was when it was before the committee.  It is up to Council if they wish to adopt the framework with the understanding that whatever is enacted may need to undergo fairly significant changes after the rules and regulations are established.  At this point, he has no idea what they will be; or Council can wait until he’s met with the state and gets an idea of what they are thinking and/or the rules and regulations are adopted.

 

Council President Marino, Councilman Donegan, and Councilman Paplauskas would rather move forward and then revisit and make amendments.

 

Councilwoman Renzulli asked what would happen if someone applied for a retail establishment with the current zoning. 

 

Asst. Solicitor Verdecchia answered they could apply in a B or C zone, but they could not operate without a state license.  When the applicant goes to the state, they have to prove conformity with local ordinances.  If we were to then pass an ordinance limiting the zones, they could possibly say they conformed at the time of application.  He does not know if that would be successful.

 

Councilwoman Renzulli wonders if we’ve had any applications.  Her concern is lawsuits.

 

Asst. Solicitor Verdecchia does not want to delve too deep into legal opinions in an open forum.  That should be in executive session.  He does not see the harm in enacting the ordinance tonight, with the Council’s understanding it is not a finished product.  He does not know who may have applied for zoning certificates already.  He believes these licenses will take a similar path as the medical marijuana licenses, with a limit per geographical zone, and not all for retail.  The odds of getting a state license are a longshot.

 

Council President Marino feels a business moving forward without a state license is doing so at their own peril.

 

VOTE ON MOTION:  Ayes – 7 (Ferri, Renzulli, Donegan, Paplauskas, Wall, Vargas, and Marino) / Nays – 2 (Germain and Campopiano)

 

MOTION CARRIES BY MAJORITY VOTE 7/2

 

10-23-01   ORDINANCE in Amendment of Title 17 of the Code of the City of Cranston, 2005, Entitled ‘Zoning’; Sponsored by Mayor Kenneth J. Hopkins.  (vote may be taken to continue to December 19, 2023 Special Council Meeting)   [Plan Commission Recommendation]

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to continue Ordinance 10-23-01 to the December 19, 2023 Special Council Meeting.

 

VOTE:  Ayes – 9 (unanimous)

 

IX.       PUBLIC COMMENT FOR UNDOCKETED ITEMS    

            None

 

X.        ELECTION/APPOINTMENT OF CITY OFFICIALS    

            None

 

XI.       REPORT OF CITY OFFICERS    

            None

 

XII.     EXECUTIVE COMMUNICATIONS  

 

Legal Expense Analysis for the period of July 1, 2023 – December 11, 2023

 

Councilwoman Renzulli asked when we will stop getting bills for some of these cases.

 

Solicitor Millea indicated that would need to be answered in an executive session.

 

No action taken.

 

From Planning Director Pezzullo, status report on the Comprehensive Plan    

 

Director Pezzullo was present.  He doesn’t have much to report from the last month.  He’s been working with the consultant.  Chapters will be drafted through the winter and spring.  There will be a substantial public hearing in January.      

 

From Chief James Warren, Cranston Fire Department, requesting his name be placed on the pension roll, effective December 29, 2023    

 

MOTION made by Councilwoman Renzulli, SECOND by Councilman Donegan to place James Warren on the pension roll effective December 29, 2023 as requested.

 

Council Vice-President Vargas, Councilman Paplauskas, and President Marino expressed words of gratitude to Chief Waren and congratulated him on his pending retirement.

 

VOTE:  Ayes – 9 (unanimous)

 

Consideration of Request from Deputy Chief Robert Ryan for one year continuation of service with the Cranston Fire Department for the period of December 13, 2023 to December 12, 2024     

 

MOTION made by Councilman Ferri, SECOND by Councilwoman Renzulli to approve the continuation of service for Deputy Chief Robert Ryan as requested.

 

VOTE:  Ayes – 9 (unanimous)

 

XIII.    COUNCIL PRESIDENT COMMUNICATIONS

 

Council President Marino has been advised by the Clerk that nominations for the Canvassing Authority have been made by the Mayor and will appear on the next agenda.

 

She extended wishes to all for a wonderful and safe holiday season and new year.

 

XIV.    COUNCIL MEMBER COMMUNICATIONS    

 

Councilman Paplauskas thanked all of the volunteers and community partners that helped with this year’s Knightsville Christmas Tree Lighting at Itri Park.

 

XV.     COUNCIL BUSINESS MATTERS CARRIED OVER    

             None

 

XVI.    INTRODUCTION OF NEW BUSINESS

 

MOTION made by Councilman Ferri, SECOND by Council Vice-President Vargas to take the New Business items as a block.

 

VOTE:  Ayes – 9 (unanimous)

 

MOTION made by Councilman Ferri, SECOND by Council Vice-President Vargas to refer all new business items to committee, with the exception of the presentation.

 

VOTE:  Ayes – 9 (unanimous)

 

12-23-01   ORDINANCE In Amendment of Title 3 of the Code of the City of Cranston, 2005, Entitled “Revenue and Finance”, Chapter 3.110 – Ten (10) Year Tax Stabilization for Property Located at Oaklawn Avenue (Plat 17-3, Lot 670) (Oaklawn Avenue Tax Stabilization); Sponsored by Council President Marino; to be referred to the Finance Committee meeting of January 8, 2024    

 

12-23-02  ORDINANCE In Amendment of Title 3 of the Code of the City of Cranston, 2005, Entitled “Revenue and Finance”, Chapter 3.111 – Ten (10) Year Tax Stabilization for Property Located at 320 Scituate Avenue (Scituate Avenue Tax Stabilization); Sponsored by Council President Marino; to be referred to the Finance Committee meeting of January 8, 2024    

 

CLAIMS to be referred to the Claims Committee meeting of January 8, 2024 as follows:   (vote may be taken)

 

TYPE OF CLAIM	CLAIMANT	DATE OF ALLEGED INCIDENT
Personal Injury	Alfred Conti Jr.	10/21/2023
Property Damage	Steven Conti	10/28/2023

 

PRESENTATION by City Council Legal Counsel, Stephen Angell, regarding the Open Meetings Act  

 

Atty. Angell addressed the Council.  This is less of a presentation and more of a dialogue.  Based on the rulings, his observation is that this Attorney General, policy-wise, is less lenient when it comes to the Open Meetings Act.  He is a strict constructionist.  This means discussion must be strictly limited to the listed agenda item.  If a complaint is made, the Open Government Unit will determine if a violation has occurred and if the conduct was willful and knowing.  If a Council member has been made aware and continues to violate the Act, the Unit will definitely form the opinion the violation was willful, and the body and city treasury can be penalized a $5,000 fine.  Once the discussion goes beyond the docketed item, we run afoul.  It is very situational and subject to scrutiny.  You must be able to establish the relationship between the discussion and the agenda item. 

 

Councilwoman Renzulli asked if going off topic will negate everything on the agenda.

 

Atty. Angell replied if Council votes on something not on the agenda, the vote will be nullified.

 

Councilwoman Renzulli commented it doesn’t affect the rest of the meeting.

 

Atty. Angell confirmed that is correct.

 

Councilwoman Renzulli referenced the disagreement earlier relative to advertisement and substantive change to the school bond resolution and legislation.  Could that result in an open meetings complaint if people did not show up.

 

Atty. Angell explained the public policy is to give notice on what is being heard.  The Open Meetings Act does not guarantee the public’s right to be heard.  A public hearing is a mechanism of absolute right to be heard.  The Act’s purpose is to tell the world at large what items of business the Council will be considering.  Whether or not something is a substantive change has more to do with legal advertising requirements.  Through the lens of the Act, the resolution and the legislative act were advertised.  The Act requires they be published on the agenda.  That was done.  The question arose about the percentage and the congruity of the Department of Education’s process.  The change does not affect the legislation, it affects the economic impact.

 

XVII.  EXECUTIVE SESSION  (vote may be taken to enter executive session)

 

MOTION made by Councilman Ferri, SECOND by Councilman Wall to move to executive session pursuant to RIGL 42-46-.5(a)(2) pertaining to prospective and actual litigation matters as listed below:

 

   Casale vs. City of Cranston   (vote may be taken*)

 

   401 Nightlife LLC dba Pre-Game Lounge vs. City of Cranston   (vote may be taken*)

 

Polling:  Ferri – Aye, Renzulli – Aye, Germain – Aye, Donegan – Aye, Campopiano – Aye, Paplauskas – Aye, Wall – Aye, Vargas – Aye, and Marino – Aye  (unanimous)

 

XVIII. RETURN OPEN SESSION (vote may be taken)

 

MOTION made by Councilman Ferri, SECOND by Councilman Donegan to return to open session.           All Ayes

 

Council President Marino reported that no votes were taken during executive session.

 

MOTION made by Councilman Ferri, SECOND by Councilman Paplauskas to seal the minutes of executive session.            All Ayes

 

XIX.    ITEMS FOR INFORMATIONAL PURPOSES ONLY

 

RESIGNATION of Jeffrey Barone from the Cranston Board of Canvassers effective January 1, 2024    

 

No action taken.

 

 

XX.     ADJOURNMENT

 

MOTION made by Councilman Wall, SECOND by Council Vice-President Vargas to adjourn at 9:44 P.M.            All Ayes

 

 

Minutes approved as written January 22, 2024

 

 

 

Attest:  ______________________________

                        Tracy A. Nelson, CMC

                                  City Clerk