I.          PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

None.

II.        PUBLIC HEARINGS & PUBLIC COMMENT

The following appeared to speak regarding Edgewood Laundry:

Justin Kerins, 131 Massasoit Ave., appeared to speak and stated that this business has machines inside their facility running a commercial operation that is creating shaking in all of the nearby residents’ homes putting cracks in walls, knocking things off shelves, putting cracks in windows and the residents would like something done about this.

            James Kelleher, Esq., 55 Alhambra Circle, appeared to speak and pointed out to the City Council that several of the neighbors have contacted City Officials regarding this situation and on behalf of the Administration, their response has been remarkably underwhelming and disappointing to the extent that they have been told, not him personally, but other people involved, have been told that this is entirely a private matter and it is going to require private civil litigation and the City has in fact washed its hands of it and that seems to be based on some divine idea on the part of the City that this is clearly the fault of the laundromat.  If it is, he would suggest that the City would be well served to protect citizens and intervene, but on the chance that it is not the laundromat, it is something else and there are several properties in the area that as people have said, are being damaged by this and if it is a situation that continues to deteriorate, then we do not know the extent of the damage that will occur.  He was particularly distressed by the fact that his City Administration, for which he pays dearly in taxes, seems to be enormously disinterested.  It is also his understanding that at one point, when someone at the Building Officials or Minimum Housing Office was required to go out and do their job and inspect, they ended up citing the person who had called to complain, which sounds really vaguely in his legal recollection, like retaliation.  He hopes that that is not the case, but if it is, then that City Official should know that they can be personally liable as well as be liable for retaliation in their capacity as the Agent for the City.  Very very disappoint and the City Council should be aware of that.

            David Burbach, 1975 Broad St., appeared to speak and stated that he has lived across the street from this laundry operation for approximately eight years and there were no problems until two months ago when he does not know whether they upgraded machinery or something failed, but as everyone present this evening can state, this was a sudden change that happened approximately two months ago.  It is not that they do not think a laundry can operate there at all, but something changed and they are now suffering vibrations worse than a bus going by or a truck idling in front all day long.  These vibrations being at 6-6:30 am.  It seems that this has got to violate some kind of Ordinance to cause this level of nuisance in their homes.  He hopes the City is able to help out in some way.

            Lincoln Cox, 135 Massasoit Ave., appeared to speak and stated that he lives directly across the street from this laundry.  This shaking and vibration that they are all feeling only occurs when the laundry is operating, which is 5 am to 6 pm Mondays thru Saturdays and many times on Sundays and holidays.  When the laundry is not operating, there is no shaking of their homes.  He too has had damage to his home.  He has had water damages in the ceiling in his dining room.  He contacted his plumber and he cut the area open and found that the joint and some PVC piping had come loose and after asking him what might have caused this, he asked how long the shaking had been going on because that would cause it.  That repair cost him $500.  They estimate that this nuisance has at least a three block radius around the laundry and it is affecting many homes within this vicinity.  This is not some sort of minor thing, some minor nuisance that they can all sort of overlook or ignore.  It is incredibly intense, it is becoming unbearable and they all fear now for the long-term structural integrity of their homes.  There are some options the laundry can take.  He has looked into it.  There are three simple options, but they won’t listen to the neighbors.  They will only listed if they are cited or asked by the City to act on this.  The residents are respectfully asking the Council to have this nuisance investigated and abated on behalf of the residents of the neighborhood.

            Jessie Cerro, 53 Berwick Lane, appeared to speak and stated that it was her home that was cited after she complained and she does feel it was retaliation.  Instead of coming out and citing the laundromat, which they found out they never got a citation, she got a citation for an unregistered car that was just parked in her driveway.  She has been experiencing this issue for two years.  She lives two houses away from the laundromat and her driveway abuts the property where they park their commercial vehicles.  This issue begins at 5:30 in the morning.  It is like an earthquake all day long.  She would invite anyone in the City to go to her home during the day and they would be shocked at the rattling of her windows, the shaking of her plants inside her house.  It is a constant problem and she has noticed cracks in her walls.  If you are outside, you feel the ground shake.  This is not something that the residents of Edgewood should be dealing with.  She would like to be a good neighbor to the people that own the laundromat.  She told them of this issue and they said it was not their problem.  They told her it had nothing to do with them.  If they can all pinpoint the fact that it does not happen when they are not in operation, she does not understand how nothing can be done by the City.  She has complained to the Building Inspector multiple times and nothing has been done.  On top of shaking, they keep garbage outside their property, no fence, nothing blocking it, they park their trucks where there was a curb.  There is no driveway.  There are huge barrels of chemicals outside all the time, not blocked off and not being protected by anything.  Their dumpsters overflow.  There are so many problems and hopefully someone on the City Council or someone from the City can take care of this.

            Janet Gilligan, 87 Alhambra Circle, appeared to speak and stated that she has lived in this house 35 years, a very stable 35 years until just a few months ago when her house started shaking.  The windows, doors and walls rattle now.  There is no schedule to the rattling, but they come regularly at unusual intervals.  As neighbors started speaking to each other, they identified at least seven streets in Edgewood that have people impacted by this constant shaking.  Right now, they have identified Broad St., Massasoit, Doylston, Glen, Berwick, Sefton and Alhambra.  It is an Edgewood problem right now, but that makes it a Cranston problem.  It is time for the City of Cranston to investigate what is going on.  She understands that just a few weeks ago, the City did an investigation.  It was a cursory investigation.  They did nothing, but walk in, look at the machines, say they are the same size as any other machines that were there previously so they are all grandfathered in, but the residents do not think that is enough.  They think that there must be a thorough investigation with scientific evidence, then the obligation is on the City to ameliorate the problem.  If it is not the laundry, fine, but if it is not the laundry, we most likely have a much more serious problem because that would mean something is underground.  Something has changed and the residents believe it is the laundry and deserve a thorough investigation.

            Steven Shiner, 127 Massasoit Ave., appeared to speak and stated that like his neighbors, his house shakes.  He asked that the City Council commit some funds to do a full investigation to find out exactly what is the cause of this.

            Victor Lavenstein, 119 Massasoit Ave., appeared to speak and concurred that what they all are feeling, has only started to occur recently.

            Chris Ruggieri, 88 Glen Ave., appeared to speak and stated that he moved to this home one year ago and has been experiencing this problem ever since.  They are very very concerned about their home.

            Donna Goldin, 123 Massasoit Ave., appeared to speak and stated  that she feels the vibration al day long throughout her house.  She asked when and how the residents will find out what will be done.

            Sal Brusco, 11 Alhambra Circle, appeared to speak via Zoom and stated that his house does not shake, but he is a bit further than the other residents who are in attendance tonight.  He became aware of this on social media on nextdoor.com and he looked up some stats regarding these commercial washing machines.  They weigh in excess of 1,000 pounds.  They spin between 1,000 and 2,000 rpm and in that spin cycle, what he found is that they create over 350G’s, so if the laundry goes in at 100 pounds and with the size of them, that is entirely possible, it weights 100,000 pounds when it gets up to speed.  He thinks this is happening during the spin cycle and it is either an unbalanced load or it is too much laundry in the load or one or to large items is on one side and unbalanced.  Other possibility is there is a broken suspension spring or a broken strut.  He knows this because it happened to his machine a few years ago.

            Winnie Van Horn Prior, 94 Alhambra Circle, appeared to speak and stated that they are getting cracks in their ceiling.  They are approximately two houses away from the laundromat.  Her son works at the liquor store that is attached to the laundromat and he said the bottles totally rattle and it feels like it is internal.

            Leah Deslandis, 1999 Broad St., appeared to speak via Zoom and stated that she resides on the second and third floor and has noticed lots of shaking.  It happens at all different times of the day.

            Melanie Perez, 1968 Broad St., appeared to speak and stated that she also feels shaking.  She worries about her house and the stability of her house and the structure of her house.

            Council President Marino indicated to the public present that this issue of the laundromat is a mater that is on the agenda.  The Public Comment section is not a back and forth so in terms of the constituents’ concerns of what is going to be done, will be addressed later on this evening when this agenda item comes up and she will reserve her comments for that as well.

III.       RESOLUTIONS

IV.       REPORT OF COMMITTEES

FINANCE COMMITTEE

(Councilman John P. Donegan, Chair)

V.        PUBLIC COMMENT FOR UN-DOCKETED ITEMS

            Council President Marino asked for public comment on any Un-Docketed items.

            Josh Plush, 127 Massasoit Ave., appeared to speak and stated that he and his girlfriend have lived at this address for approximately 1 ½ years and rent the apartment.  According to their lease, they do not have access to the driveway and often they have to park on the street unless they coordinate with their neighbor and in this process, they have received now three parking tickets each and between them, that is $150 just to live on their street, which at this point, is ridiculous.  They are hoping for some type of parking permit for them and anyone else who is experiencing this problem.

            Justin Kerins, 131 Massasoit Ave., appeared to speak and stated that he has an issue with the parking tickets that are being reported.  He does not understand why they cannot park in front of their home overnight.  He understands there is an Ordinance between 1 and 7 am for more then two consecutive hours, but they live on a residential area and they need to park in front of their homes, they are not in a commercial area and should be allowed to park in front of their homes overnight.  He is not in favor of a parking permit system.  That is not the way forward.  They have more than enough space to park on a street.  A permit system exists so that there are more cars than there are spaces and so you try to limit the amount of cars in the area.  That is not a problem that we have in the City of Cranston.  Instead, he proposes that the Ordinance be changed so that if you are within one, two or three doors of your home, when they go to look up your car to give you that ticket, you are able to park in front of your home.

            Steven Shiner, 127 Massasoit Ave., appeared to speak and stated that he agrees with his neighbors regarding the parking issue.  There are a few Police cars that go around once a year and give parking tickets and it happens once a year and everyone feels it is $25 and they do not care and pay it, but it has happened four or five times in the last two or three months and it is not fair for particularly young neighbors who are at school having to pay $25 per night if the Police choose to go around and put tickets on the cars that park outside.  There is plenty of space and you could fit four cars down the street.  If it has to be a permit, so be it, but he does not think they should have to pay to park on their street right outside their house.

VI.       ELECTION AND/OR APPOINTMENT OF CITY OFFICIALS

AFFORDABLE HOUSING COMMISSION: 

• RE-APPOINTMENT OF DERIK A. TUTT FOR TERM TO EXPIRE ON 1/23/2025 (Councilman Paplauskas). 

This item was listed twice on agenda.  Listed as scrivener’s error in this portion of the agenda.

JUVENILE HEARING BOARD: 

• RE-APPOINTMENT OF BERNARD KEVIN O’CONNOR AS AN ALTERNATE MEMBER FOR TERM TO EXPIRE ON 12/1/2023 (Councilman Paplauskas). 

On motion by Councilwoman Renzulli, seconded by Councilman Paplauskas, it was voted to re-appoint Bernard Kevin O’Connor as an Alternate Member of the Juvenile Hearing Board.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

• APPOINTMENT OF STEPHEN QUARTINO TO FILL UN-EXPIRED TERM OF VINCENT TURCHETTA TO EXPIRE ON 12/1/2023). 

On motion by Councilwoman Renzulli, seconded by Councilman Paplauskas, it was voted to Appoint Stephen Quartino as a member of the Juvenile Hearing Board to fill the un-expired term of Vincent Turchetta.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

BOARD OF CONTRACT AND PURCHASE: 

• RE-APPOINTMENT OF ANTHONY MASTANTUONO (Minority Leader Appointment) FOR TERM TO EXPIRE ON 1/1/2024.  (Minority Leader Appointment).  

No action needed.

• APPOINTMENT OF ANN MARIE MACCARONE FOR TERM TO EXPIRE ON 1/1/2024.  (Council President Marino Appointment). 

No action needed.

• RE-APPOINTMENT OF DORIS BLANCHARD FOR TERM TO EXPIRE ON 1/1/2024.  (Majority Leader Appointment). 

No action needed.

• APPOINTMENT OF ROBERT WILSON FOR TERM TO EXPIRE ON 1/1/2024.  (Majority Leader Appointment). 

No action needed.

CITY COUNCIL GRANT WRITER:  

• RE-APPOINTMENT OF LISA ANDOSCIA AS THE CITY COUNCIL GRANT WRITER FOR TERM TO EXPIRE ON 1/6/2025.  (Council President Marino, Council Vice-President Vargas and Councilwoman Renzulli). 

On motion by Councilman Donegan, seconded by Councilman Paplauskas, it was voted to  re-appoint Lisa Andoscia as the City Council Grant Writer.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

MUNICIPAL COURT CLERK:

·        RE-APPOINTMENT OF ELISABETH BETTIS AS MUNICIPAL COURT CLERK FOR TERM TO EPXIRE ON 1/6/2025.   (Council President Marino and Council Vice-President Vargas). 

On motion by Councilwoman Renzulli, seconded by Council Vice-President Vargas, it was voted to  re-appoint Elisabeth Bettis as Municipal Court Clerk.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

EMERGENCY MANAGEMENT LIAISON:  (Informational Only)

• COUNCIL VICE-PRESIDENT VARGAS FOR TERM TO EPXIRE 1/6/2025.   

No action needed.

SCHOOL BUILDINGS COMMITTEE: 

• COUNCILMAN JOHN P. DONEGAN FOR TERM TO EXPIRE 1/6/2025. 

On motion by Councilwoman Renzulli, seconded by Councilwoman Germain, it was voted to appoint Councilman John P. Donegan as a member of the School Buildings Committee.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

• COUNCILMAN CAMPOPIANO FOR TERM TO EXPIRE 1/6/2025.  

On motion by Councilman Donegan, seconded by Councilwoman Renzulli, it was voted to appoint Councilman Richard D. Campopiano as a member of the School Buildings Committee.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

*Parks and Recreation Advisory Board:  (Informational Only – No Votes will be taken)

• Councilman Donegan for term to expire on 1/6/2025.

AFFORDABLE HOUSING COMMISSION:

• RE-APPOINTMENT OF DERIK A. TUTT FOR TERM TO EXPIRE 2/22/2025.  (Minority Leader Appointment). 

No action needed.

• APPOINTMENT OF AMY RAINONE FOR TERM TO EXPIRE 2/22/2025.  (Majority Leader Appointment).

No action needed.

• APPOINTMENT OF KRISTINA BROWN FOR TERM TO EXPIRE 2/22/2025.  

On motion by Councilman Donegan, seconded by Council Vice-President Vargas, it was voted to appoint Kristina Brown as a member of the Affordable Housing Commission.  Motion passed a vote of 8-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Paplauskas, Council Vice-President Vargas and Council President Marino -8.  

AUDIT COMMITTEE

(Councilman John P. Donegan, Chair)

AUDIT REPORT FROM MARCUM LLP FOR FISCAL YEAR ENDING JUNE 30, 2022

            Councilman Donegan acknowledged the work that Councilman Ferri did as Finance Chair for the past two years and as the Chair of the Audit Committee to get that Committee back up running.  He thanked him on behalf of the City Council and the residents of Cranston which he knows Budget Auditor DiMaio was instrumental in that as well as Councilman Ferri and help from our Legal Counsel and the Administration, Director Zidelis as well.  he welcomed representative from Marcum LLP who is present to provide the presentation for the Audit of the FY ending June 30, 2022.  This was continued from the December meeting and members of the Council received the presentation and comments earlier this afternoon and appreciates Acting City Clerk Rosalba, for forwarding that to the Council.  Copies should be available digitally as well as physical handouts are available at the Clerk’s desk.

Jim Wilkinson of Marcum LLP, appeared to speak and stated that this follows up our meeting in mid-December with the Audit Committee where they discussed Audit Planning.  The status of the Audit at that point in time substantially all the field work had been done and there were a few remaining items.  Finance Director Zidelis and Administrative team did work to provide them with those last pieces.  They did exchange some questions back and forth.  They have not been able to complete their reconciliation process and today they have continued to circulate more finalized drafts of the numbers, which were included with what was sent today.  his team is continuing to work on reviewing of the note disclosures and putting the entire annual financial report together which they are scheduled to issue by next Tuesday to be in accordance with the State’s extended due date of January 31^st.  They did prepare a brief presentation, it is the colored item that has been circulated.  They are in the process of doing the final uniform guidance of the compliance order of the federal programs and that report is due by March 31^st and they will be pleased to come to the Council at that time and discuss any findings with that or any final observations and recommendations that will make this as a result of the Audit process.  He discussed the handout he provided.

Councilman Ferri stated that Intergovernmental Revenue came in at $1.1 million below what was anticipated.  He asked what the cause of that was.  Director Zidelis stated that that is primarily caused by certain federal reimbursements that are accounted for in the General Fund timing wise.  Predominantly, some COVID related expenses that the City has applied for has yet to receive the proceeds from the federal government.  Councilman Ferri asked if that is money that we still may get.  Director Zidelis stated, yes, that is correct.

Council President Marino deferred to Budget Analyst DiMaio to speak.

Mr. DiMaio asked to make a few clarifications on some of the discussion now that the numbers are here.  A question was asked because in our current Budget or current Audit period, we had $7.8 million of ARPA money that supplemented lost revenues.  Because we have the surplus, it is an understanding that that money would stay in the Rainy Day Fund and cannot be put back in the APRA Fund because that is the flow process.  Previous year’s Audit FY 6/30/2021, our Internal Service Fund was at $5.5 million as a deficit.  In the current Audit period, it is coming in at $6.9 million, approximately a $1.3 million increase.  The funding that is in the current Budget that we are in on which is Fiscal 6/30/2023, has $19 million of ARPA money included $7 million of one-time funding for that.  Going forward in the current period, we are actually at approximately $51,000 profit not knowing if there will be additional expenditures or they will have a better run rate per se with the health insurance. 

Mr. Wilkinson agreed with Mr. DiMaio that the deficit position in that fund was $6.95 million, if $7 million goes into that, it brings it back to the positive by $50,000.  Mr. DiMaio asked if the Audit issuance date will be in compliance with the extension for the Auditor General.  Mr. Wilkinson stated, yes, they are working diligently to the issue that by Tuesday end of day.

Councilwoman Renzulli asked if going forward, the Council Members have questions, who should they be directed to?  Council President Marino stated that with respect to future questions of the Audit, she would direct them to the Finance Chair and go through the Finance Committee to address those questions or concerns.

Council President Marino thanked Mr. Wilkinson for the presentation.  She indicated to page 8 of the presentation and stated that with the department being above Budget of $876,000, she asked if that is just general departments running over or is there a specific department that was substantial.  Mr. Wilkinson stated that those were Departmental Revenues made of up a variety of things that are collected ta the department level.  Details are in the full report.  Council President Marino stated that the below Budget of $232,000 and she asked if there was any particular department more than another.  Mr. Wilkinson stated, no, that is another category.  Council President Marino asked if Director Zidelis had any insight on that.  Director Zidelis stated to Council President Marino that there were two components that she is speaking to relative with Clerk’s Office, that was on page 9 and that was one estimated expense primarily to it appears to be fees we turn over to the State that are collected through the Clerk’s Office that was over Budget, but those are estimates that as they are building the Budget, they do not know the exact amount so it is just an estimate predicated on previous years.  That was not troublesome.  On the Revenue side, the other category is a collective catch all and we can get the Council a full report budget to actual which makes up multiple departments, but as Mr. Wilkinson stated, it is a compilation of many Revenue accounts.  Council President Marino indicated to page 14 and stated that with respect to the funded ratio, she asked what determines what that ratio is set to be because it appears to be decreased dealing with the OPEB.  Mr. Wilkinson stated that the funded percentage is really a measurement of the extent that assets are set aside in a Trust Fund versus the value of the liability for future benefits that is out there.

V.        PUBLIC COMMENT FOR UN-DOCKETED ITEMS

            Taken earlier in the meeting.

VI.       ELECTION AND/OR APPOINTMENT OF CITY OFFICIALS

AFFORDABLE HOUSING COMMISSION: 

• RE-APPOINTMENT OF DERIK A. TUTT FOR TERM TO EXPIRE ON 1/23/2025 (Councilman Paplauskas). 

JUVENILE HEARING BOARD: 

• RE-APPOINTMENT OF BERNARD KEVIN O’CONNOR AS AN ALTERNATE MEMBER FOR TERM TO EXPIRE ON 12/1/2023 (Councilman Paplauskas). 

• APPOINTMENT OF STEPHEN QUARTINO TO FILL UN-EXPIRED TERM OF VINCENT TURCHETTA TO EXPIRE ON 12/1/2023). 

BOARD OF CONTRACT AND PURCHASE: 

• RE-APPOINTMENT OF ANTHONY MASTANTUONO (Minority Leader Appointment) FOR TERM TO EXPIRE ON 1/1/2024.  (Minority Leader Appointment).  

• APPOINTMENT OF ANN MARIE MACCARONE FOR TERM TO EXPIRE ON 1/1/2024.  (Council President Marino Appointment). 

• RE-APPOINTMENT OF DORIS BLANCHARD FOR TERM TO EXPIRE ON 1/1/2024.  (Majority Leader Appointment). 

• APPOINTMENT OF ROBERT WILSON FOR TERM TO EXPIRE ON 1/1/2024.  (Majority Leader Appointment). 

CITY COUNCIL GRANT WRITER:  

• RE-APPOINTMENT OF LISA ANDOSCIA AS THE CITY COUNCIL GRANT WRITER FOR TERM TO EXPIRE ON 1/6/2025.  (Council President Marino, Council Vice-President Vargas and Councilwoman Renzulli). 

MUNICIPAL COURT CLERK:

·        RE-APPOINTMENT OF ELISABETH BETTIS AS MUNICIPAL COURT CLERK FOR TERM TO EPXIRE ON 1/6/2025.   (Council President Marino and Council Vice-President Vargas). 

VII.     REPORT OF CITY OFFICERS

VIII.    EXECUTIVE COMMUNICATIONS

REQUEST TO BE CONTINUED IN SERVICE FOR ONE YEAR DEPUTY CHIEF ROBERT RYAN, CRANSTON FIRE DEPARTMENT

Director Parrillo appeared to speak.

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

IX.       COUNCIL PRESIDENT COMMUNICATIONS

            None.

X.        COUNCIL MEMBER COMMUNICATIONS

COUNCIL VICE-PRESIDENT VARGAS: 

·         EDGEWOOD LAUNDRY

Council Vice-President Vargas stated that she spoke to many of the residents or replied to e-mails or text messages in terms of the vibration concern and the interruption of the quality of life that many of them have been experiencing lately or for the last few months and noted that their problem is our problem because no one wants to have their quality of life interrupted at all.  She did reach out to the laundromat and was finally able to connect over a phone call with the owner and she believes, as it was mentioned, an inspection from the City was done.  She believes that area is Zoned as an A-6 Zone and possibly some pre-existing non-conforming and it seems that with possible upgrades, it could be the reason why that vibration is taking place.  She has seen videos, she has been e-mailed information and she has been hearing a lot from neighbors in terms of rattling and the vibration that has been taking place.  She is in support of small businesses because they are the backbone to our local economy and she is not asking the business to be shut down nor to move, but to address the issue on this vibration that is taking place.  She reached out to the Solicitor, who is present this evening, and did mention to the owner that she would be bringing this up before the City Council this evening.  She would like to have the Administration or one of our Legal Counsel on behalf of the City, provide the City Council with some information or some guidance as to the power that, we as a Council, can have to either bring the possible business before us possibly to talk about hours or what they have done if this is the reason why the houses are rattling and the vibration taking place whether it is reinforcement or the machine not level in order to avoid the rocking of the machine.  She questioned if the City Council has power to start by having a conversation as to can we ask them about hours of operations because we have an Ordinance currently in place for landscapers and the City to pick up trash after 7 am.  Can an Ordinance be introduced to restrict their hours of operation since this laundromat has been there for a long time and could be grandfathered in?  This is clearly a residential neighborhood and she drove by and has pictures on her phone and as a speaker mentioned about barrels of chemicals outside, she did see it and took a picture of it.  We have children in that neighborhood and last thing we want whether it is water or as it is clearly noted, that there is chemical in there, what responsibility do we as a City Council have if Inspections did go by and was able to fine the neighbor, but not the laundromat?  She wants to make sure that the business in in compliance with the City whether it is with the cleanup, the rodents, whether it is chemicals out there and leaving carts full of towels in the back of the building. 

            Solicitor Verdecchia stated that as Council Vice-President Vargas stated, he did have some conversations with her on this within the last week or so and he has done quite a bit of research and this is not really a new issue for him.  The specific facts are always different, but the overall issue is the same and we have seen it before.  We have seen it with the windmills in Johnston encroaching on Cranston residents, we have seen it with Yardworks, we have seen it with Northeast Tree, but what sets this one apart a bit from the others is the fact that laundromats are not regulated under our Code of Ordinances.  This means that you cannot have a Show Cause and bring them in and threaten them to take some type of action on a license because they are not required under our Ordinances to have one.  Does that mean that the City is completely powerless to regulate businesses that are operating within the confines of the City boundaries and the short answer to that is no, the City is not powerless, however, those powers are very very limited and the reason for that is all of the activity from this business that the neighbors have described this evening fit under the general category of what we call legally nuisance.  Nuisance in a general sense is usually defined to mean some activity that constitutes interference with one’s reasonable use of their property.  There are two types of nuisances.  There is private and there is public.  When the Johnston windmill issue was before the Council, he discussed at length at that time how the Rhode Island Supreme Court treats the two of them.  Public nuisance is extremely difficult to establish.  The Attorney General has tried to do it with lead paint.  They worked in conjunction with DEM on a few other sites and were moderately successful.  This is on State level.  For the City Council and even the Administration, we have some authority, but it is very limited in terms of what we can d.  if there were a situation where a business was operating in such a fashion that it posed a serious direct health threat to the citizens of Cranston, the mere fact that they are not licensed, would not act as a bar from having the City taking some type of action.  The problem is what is being described does not rise to that type of level in his opinion based on everything he has read.  If led paint poisoning does not rise to that level as the Supreme Court has already found, something like vibration and causing cracks in walls and glass falling, certainly is not going to rise to that level.  He does not say that to minimize anything the neighbors are going through.  He has looked high and low both under our Ordinances, State Law, he has looked everywhere to find, as he always does when these types of cases arise, to try to find a way to take some action, but as he stated, unfortunately, because of the fact that they are unlicensed and they are not required to be licensed, it really puts us in a disadvantageous position to do anything.  He knows people do not want to hear this, but when you have a certain number of people in a certain area being affected by the business operation, it is really up to them to file a private nuisance action because the City under those circumstances, in his opinion, probably would not even have the legal standing to go into Court on their behalf.  It is not that the City does not want to do something, it is not that Council Vice-President Vargas does not want to do something, it is not that the Safety Services and Licenses Committee does not want to do something or the full City Council does not want to do anything, it is a question of having the legal ability, the legal authority and most importantly the proof required to get something accomplished.  Having said that, he thinks a wise first step would be reaching out to the laundromat so we can learn a little bit more from the factual standpoint as to what has changed, how long has this condition changed with the vibration and with these machines, when were they replaced, what type of machines?  We should be able to get an opinion from someone, an Engineer or someone, who can tell us what the adverse effects are of these types of machines because it may be a situation where perhaps it could be remedied by something as simple as putting more insulation or some type of rubber surrounding the machines.  We should explore some type of solution on a voluntary basis with them first because he does not think at this point we have authority to compel them to come in.  if you go to Court, it is a very very high bar to establish a public nuisance.

            Council Vice-President Vargas stated that if the laundromat decided to operate 24/7, they are in their own right to do so, but we do not have the power to limit them on the hours or could we and do we have any jurisdiction at that point?  Solicitor Verdecchia stated, yes, but we are used to dealing with licensed businesses with hours of operation on their application as part of their license, but we do not regulate laundromats per se.  That being said, every City Council or Town Council in the State of Rhode Island has what we call all the powers of the Town, all the powers of the City.  What that means is that the Administration and the Council can always do what is best or try to do what is best to promote the health, safety, welfare and morals of its citizens.  Council Vice-President Vargas stated that, if we as a City, do not have the powers to regulate laundromats and if there were to be an Ordinance adopted requirement a license, would that be part of this Ordinance?  Solicitor Verdecchia stated that there is some sporadic State Law on laundromats, but it mostly talked about having as a requirement a wastewater facilities and adequate water hookups and things of that nature.  As to the Ordinance, it depends on the type of Ordinance that the Council would want to pass.  He would have to see what the Ordinance would encompass.  Would it be limited to hours of operation, would it be limited to number of machines, would it be limited to some other factor, he does not know.  Council Vice-President Vargas asked what the Inspector found, if anything, when he went to the business.  Solicitor Verdecchia stated that he is not privy to that.  He has not spoken to anyone and does not know who went there, but part of the problem is this use is kind of falling into a crack that we have in our Code of Ordinances.  We have a Noise Ordinance, which is very specific in terms of how many decibels are allowed, during what time periods a business can operate at a given level of decibel.  We do not have anything that talks about vibration per se.  There is no specific Ordinance that deals just with vibration.  Unless Code Enforcement can show him or the City Council or Safety Services and Licenses Committee a specific Ordinance being violated, it basically takes any power we may have away from us. 

            Councilman Paplauskas stated that going back a while, if we had an issue with a business, we would send them a letter or we could send them a letter to come before Safety Services and Licenses Committee and discuss the issue.  Maybe we can ask them to come I and get dialogue going, it might fix itself just by doing it.  Solicitor Verdecchia stated that he actually suggested that when he spoke to Council Vice-President Vargas.  He told her he would be happy to draft a letter asking the business owner in a nice way to come in and head this off before it really becomes a problem.  It is in their best interest to do so. 

            Councilman Paplauskas stated that even though he does not represent this area, he will take a ride out to Edgewood this week or next week and sit in his car to see if he feels the vibration.

            Councilman Campopiano stated that he understands Solicitor’s point that we have no power, but he does have a little expertise in this area.  He deals with equipment all day long that is easily ten times the size of these washing machines and dryers and if they are mounted correctly with the mounted vibration control, you can stand within two feet of them and not feel anything so it is his view that this is something that is not mounted correctly and it is not on the right paths and if they want to be a good neighbor, they only have to address this and fix this problem.  It should be very simple.

            Councilman Donegan asked Director Moretti if the Inspections Department reported anything back to the Mayor’s Office or himself about their findings.  Director Moretti stated that Inspections did go out and went through the book to see if there were any violations and did a thorough evaluation and found none that could be enforced. 

            Council President Marino stated to the residents experiencing this that they should not be dealing with this.  She assured them that herself and other Council Members take that role with great responsibility.  Even though they are restricted within the bounds of the Law, that does not mean that they do not have remedies ad recourse available to them and thanked the Solicitor’s Office for addressing this this evening and thanked Council Vice-President Vargas for bringing this to the table.  What she would like to see is, as has already been discussed this evening, is Inspections with Code Enforcement addressing it because clearly there has to be some type of recourse with that type of shaking going on and this is not acceptable.  From a business standpoint, if they are responsible business owners, you would think that they would respect that and welcome some guidelines in trying to be a better neighbor.  She foresees the Council enacting an Ordinance that prevents this in the future even if it cannot unfortunately retroactively be applied to this situation, which that question remains to be seen.  In terms of where we go from here, perhaps we can move this item to either Safety Services and Licenses Committee or Ordinance Committee or the next full City Council meeting to be determined and she is sure Council Vice-President Vargas will be in touch with the neighbors to advise them of when this is going to be discussed.

            Council Vice-President Vargas stated that as far as sending out a letter to the laundromat owner, she asked that Solicitor Verdecchia draft that and she will notify the neighbors of the date and time if they would like to attend in person or on Zoom and allow the business as well to attend the meeting to provide the City Council with any changes or anything else that would help out.

            Solicitor Verdecchia stated that he will draft the letter and will have it delivered and hopefully get a response.

COUNCILWOMAN RENZULLI: 

• WASTE MANAGEMENT ISSUES

Councilwoman Renzulli stated that she would like to see if the rest of the City Council have been receiving complaints of trash not being picked up on schedule as she has.  It might be one side of the street of trash not picked up or it might be trash picked up and not recycling.  It is on both sides of the street and it is random addresses.  It is even former Council Members who are not getting their recycling and/or trash picked up.  She asked if there is a shared document or software that is keeping trach of these complaints when they are received so we can know if it is certain areas repeatedly or certain streets because she knows there is still a staffing problem across industry and across the country.

            Director Parrillo stated that we do not have a database, but basically the calls either go directly to Joe DiCarlo, the City’s Clean City Coordinator, and he is very responsive to handling them or they go through Gina Capuano, the City’s Constituent Affairs Director, and she coordinates them.  He spoke to Director Bernardo today and he has not been getting any complaints nor any inordinate amount of complaints recently more than the few a day that we always get so this is relatively new from what he is telling him about the amount of complaints that Councilwoman Renzulli is receiving.  Councilwoman Renzulli stated that she calls the City’s Clean City Coordinator herself because it is easier for her to try and get direct help.  She is trying to understand what she should be telling the residents, but she does not want to be always calling Mr. DiCarlo, but we should be tracking specific types of complaints and categories otherwise we are going to constantly be having these conversations.  Director Parrillo stated that he can follow up with Mr. DiCarlo, but he is sure he has some kind of system that he utilizes himself, but to say we have a City-Wide database, we do not have that.

• EMERGENCY MANAGEMENT LIAISONS
• COUNCIL VICE-PRESIDENT VARGAS

No discussion was held.

• OVERNIGHT PARKING PERMIT UPDATE

Councilwoman Germain stated that this is something that is really close to her heart.  She thinks, for her, it is a waste of time to even think wasting money to go do a feasibility of overnight parking because the problem is simple.  We have other Cities that have parking and they do not have a ban and not everyone needs overnight parking.  It is just a few people who have been suffering over and over for lack of parking.  She is not for wasting money to do a study.  She does not think we need a study to do that.  It is just a matter of passing an Ordinance to require someone who needs parking can have it.  Someone who does not have a driveway, to have a parking space.  She does not think we need to go around and around in a circle because we do not want to do it and we look for any little thing to make it a big thing.  We need to allow overnight parking for people.  we do not need to waste taxpayers’ money to do a study, a study for what?

            Council President Marino acknowledged that the Council did hold a workshop.  This is as simplistic as it sounds of an issue, it is clearly not because if it were, this problem would have been solved years ago, but we, as a Council body, are taking on this issue and looking to find a resolution along with the Administration because it is going to take all of us to try and come up with a solution that is going to hopefully please many, but nothing is going to satisfy all.  Part of taking that on, Attorney Angell has done some work with input from Council Members in the workshop and if he could maybe give everyone an update as to where that stands, that would be helpful.

            Attorney Angell stated that based on the last Council discussion on this, the recommendation to have this heard in a workshop, he will have an Ordinance for the February meeting and a workshop can be scheduled for the full Council to meet and do as it pleases with an amendment or construction of the Ordinance, policy wise, what studies they want or whatever else they want to do, but that will happen in February.

COUNCILWOMAN GERMAIN: 

• DISCUSSION ABOUT SIDEWALK SAFETY IN WARD 2.  WHO IS LIABLE?

Councilwoman Germain asked that her handout be shared on the Zoom screen.  She questioned who is responsible for the sidewalk and who is the owner of the sidewalk. 

Solicitor Verdecchia stated that the sidewalks are owned by the City unless there is a situation where there is a private development and the private development puts in the sidewalks the way they put in the roads.  As far as who is liable, like any other property that the City maintains and controls and owns, the City is liable, but there is an exception, such as if he lives next to a sidewalk and he makes changes or alterations to the sidewalk; if he plants flowers, if he plants grass or puts in the little fences to decorate, and someone slips and falls because he exercised control over that portion of the sidewalk, in all likelihood, he would be liable because he made changes, he made alterations, he exercised some control over the sidewalk, but that is the exception.  The rule is it is City property.  It is no different than a parking lot, no different than a road, no different than a set of stairs in a public building.  It is the City’s responsibility. 

            Councilwoman Germain stated that we have a lot of trees on our sidewalks and there are places where the concrete is lifting on the sidewalk from the rots of these trees.  She asked Legal, in terms of those trees, is that City property?  Solicitor Verdecchia stated that that is a good question.  You would have to know who planted the tree.  If it is the property owner who planted the tree, he would guess that the argument could be made that they are responsible for the damage of the sidewalk.  Councilwoman Germain indicated that there’s a program in the City that helps residents who want to repair their sidewalk.  If the sidewalks is City property and we have residents making contribution or mostly 50/50. 

            Council President Marino indicated to councilwoman Germain that this was discussed in Public Works and she knows she had a previous engagement and was not present, but suggested that this conversation be continued to the Public Works Committee meeting where she can get direct answers to those questions with Director Bernardo being present at that time.  Councilwoman Germain agreed because she has so many other questions.

• UPDATE ON BUDLONG POOL PROJECT

Councilwoman Germain stated that she has many letters that were sent to her during the week after an article where the Mayor talked about the Budlong Pool and she has a lot of people that have expressed disappointment and frustration herself included and has many questions about it as well.  she would like to know the cost because we still do not have a number.  We have a Grant and we do not know how much money we can have from ARPA.  Due to the late hour, she would like to refer this to the Public Works Committee.

            Council President Marino referred back to the Finance Committee agenda items and stated that an attachment and a link made something a little unclear so just for cleanup of the record, at the Finance Committee meeting, Chairman Donegan and the Finance Committee continued the approval of the Tax Interest Waivers.  Out of abundance of caution, she asked that Chairman Donegan take that item and have a motion to continue that for the record to the next Finance Committee meeting as it came out of Committee as to the approval of the Tax Interest Waivers.

On motion by councilman Ferri, seconded by Councilman Campopiano, it was voted to continue the Tax Interest Waiver Approvals list to the next Finance Committee meeting.  Motion passed on a vote of 7-0.  The following being recorded as voting “aye”:  Councilman Ferri, Councilwomen Renzulli,  Germain, Councilmen Donegan, Campopiano, Council Vice-President Vargas and Council President Marino -7.  

XI.       COUNCIL BUSINESS MATTERS CARRIED OVER

ADOPTION OF THE COUNCIL RULES – DEFERRED TO THE REGULARLY SCHEDULE COUNCIL MEETING IN FEBRUARY 2023 

          No discussion was held.

XII.     INTRODUCTION OF NEW MATTERS BEFORE THE COUNCIL*

XIII.    MISCELLANEOUS BUSINESS ON CLERK’S DESK