MONDAY, MARCH 27, 2023 at 7:00 PM

MINUTES

Meeting of the City Council was held in the City of Cranston Council Chambers, Cranston City Hall, 869 Park Ave., Cranston, RI 02910, for the purpose of considering the following items listed on the agenda.

 

Agenda and Docketed Matters before the Council

 

The meeting was called to order at 7:03 P.M. by the Council President Marino. 

 

The roll was called by the Clerk.  Stated as present:  Councilman Ferri, Councilwoman Renzulli, Councilman Donegan, Councilman Campopiano, Councilman Paplauskas, Councilman Reilly, Council Vice-President Vargas, and Council President Marino.  Councilwoman Germain arrived at 7:05 P.M.

 

Also present:  Anthony Moretti, Chief of Staff; John Verdecchia, Assistant Solicitor; Stephen Angell, City Council Legal Counsel; David DiMaio, Council Internal Auditor/Budget Analyst; Tracy Nelson, City Clerk; and Rosalba Zanni, Assistant City Clerk.

 

The Pledge of Allegiance was recited by the body.

 

MOTION made by Councilor Paplauskas, SECONDED by Councilman Donegan to approve the minutes of the February 27, 2023 Regular Council Meeting.

 

VOTES:  Aye - Ferri, Renzulli, Donegan, Campopiano, Paplauskas, Reilly, Vargas, Marino; Not present for vote:  Germain

 

I.          PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

 

Councilwoman Renzulli and Council Vice-President Vargas presented Citations to the Girls All-State Indoor Track Athletes from Cranston and extended congratulations on their various accomplishments.     

 

II.        PUBLIC HEARINGS AND PUBLIC COMMENT

 

Atty. Tenessa Azar of Moses Ryan Ltd. was in attendance.  She is available to answer any questions relative to the zoning and comprehensive plan amendments for Oaklawn Ave., Plat 17, Lot 670.  Both received favorable recommendations from Planning and the Ordinance Committee.

 

III.       RESOLUTIONS

 

Resolution urging the Council and the Administration to proclaim March as a remembrance month of survivors and victims of COVID-19.  Sponsored by Councilwoman Germain. 

 

Councilors Renzulli, Paplauskas, and Marino expressed appreciation to Councilwoman Germain for introducing the resolution again this year.

 

MOTION made by Councilman Donegan, SECONDED by Councilwoman Renzulli to approve the resolution.

 

VOTES:  Aye - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas and Marino (unanimous).

 

Resolution recognizing March as Women’s History Month in Cranston.  Sponsored by Councilwomen Renzulli, Germain, Council Vice-President Vargas and Council President Marino.

 

Councilors Renzulli, Vargas, Germain, and Marino spoke in support of the resolution.

 

MOTION made by Councilman Reilly, SECONDED by Councilman Donegan to approve the resolution.

 

VOTES:  Aye - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino.  (unanimous)

 

IV.       REPORT OF COMMITTEES

 

FINANCE COMMITTEE

(Councilman John P. Donegan, Chair)

 

Resolution authorizing Real Estate Tax Abatements

 

MOTION made by Councilwoman Germain, SECONDED by Councilman Reilly to approve the resolution authorizing the real estate tax abatements as presented, and approved by the Finance Committee.

 

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

 

Tax Interest Waiver Approvals

 

MOTION made by Councilman Ferri, second by Council Vice-President Vargas to approve the resolution approving tax interest waivers as presented; and approved by the Finance Committee.

 

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

 

Tax Interest Waiver Denials

 

MOTION made by Councilwoman Renzulli, SECONDED by Council Vice-President Vargas to adopt the resolution denying tax interest waivers as presented; and approved by the Finance Committee.

 

VOTES:  Aye - Ferri, Renzulli, Germain, Donegan, Campopiano, Paplauskas, Reilly, Vargas, and Marino.  (unanimous)

 

ORDINANCE COMMITTEE

(Council Vice-President Lammis J. Vargas, Chair)

 

1-23-01            Ordinance in amendment of the 2010 Comprehensive Plan for the City of Cranston (Oaklawn Ave.).  Sponsored by Council President Marino and Councilman Paplauskas.   

 

MOTION made by Councilwoman Renzulli, SECONDED by Councilwoman Germain to approve the Ordinance as presented. 

 

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

 

1-23-02            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled “Zoning” (Change of Zone – Oaklawn Ave. Plat 17 Lot 670).  Sponsored by Council President Marino and Councilman Paplauskas. 

 

MOTION made by Councilwoman Germain, SECONDED by Councilman Ferri to approve the Ordinance as presented.

 

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

 

1-23-03            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled “Zoning” (Change of Zone – 2110 Plainfield Pike; Plat 35 Lot 9).  Sponsored by Councilman Campopiano.   

 

MOTION made by Councilwoman Renzulli, SECONDED by Councilman Campopiano to approve the Ordinance as presented.

 

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

 

2-23-05            Ordinance in amendment of Title 9, Chapter 9.08.061 of the Code of the City of Cranston, 2005, entitled “Public Peace, Morals and Welfare – Removal and Pruning of Trees”.  Sponsored by Councilman Donegan, Council Vice-President Vargas and Council President Marino.  Co-sponsored by Councilwoman Germain. 

 

President Marino asked if the Administration has prepared a fiscal note.

 

Mr. Moretti provided information from the fiscal note submitted to the Clerk this evening.  An increase of 75 trees, at a cost of $400 per tree, results in an increased cost of $30,000.

 

Councilwoman Renzulli asked if the ordinance had been improperly voted out of committee.

 

President Marino stated Council can vote on the matter as long as the fiscal note has been provided.

 

Councilwoman Renzulli requested a legal opinion.

 

Asst. Solicitor Verdecchia spoke with the Clerk.  His interpretation of the Charter is that consideration means vote.  He made it clear the ordinance cannot take effect or be voted on by Council without the fiscal note attached.  This has been past practice.  He sees no impediment to Council voting tonight.

 

Atty. Angell concurred.

 

MOTION made by Councilman Donegan, SECONDED by Councilwoman Germain to approve the Ordinance as presented, and approved by the Ordinance Committee.

 

Councilman Donegan stated that the purpose of the ordinance is to ensure, at minimum, the city is maintaining tree coverage. 

 

Assistant City Clerk Zanni presented President Marino with the fiscal note submitted by A. Moretti.  There is a question as to the format.  Language appears to be missing, as well as Finance Director Zidelis' signature.  She provided the President with a sample.

 

President Marino would prefer to hold off at this time so that Mr. Moretti can locate Mr. Zidelis.

 

MOTION WITHDRAWN by Councilman Donegan.

 

RULES COMMITTEE

(Council Vice-President Lammis J. Vargas, Chair)

 

Resolution adoption of City Council Rules for the 2023-2024 Term.  Sponsored by Council President Marino.   

 

At the request of Council President Marino, MOTION made by Councilman Paplauskas, SECONDED by Councilman Donegan to take the docket out of order (consider this item later in the meeting).

 

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

 

V.        PUBLIC COMMENT FOR UN-DOCKETED ITEMS

 

Ken Guercia, 85 Curtis Street spoke about the unsafe conditions on his street.  The traffic up and down the street is out of control.  Vehicles are parked on both sides.  His driveway has been blocked.  The road is damaged.  His wife fell in a pothole.  The speeding is out of control.  He wants to know what can be done; who can he talk to?

 

President Marino explained Council cannot respond on undocketed items; however, she will follow up with Councilman Paplauskas and be in touch. 

 

Tom Wojick, 11 Hall Pl. went for a bike ride a few weeks ago.  He heard a lot of gunshots.  Today, six people were killed by guns.  The range is traumatizing people.  It needs to be abandoned entirely or no shooting should occur during school hours.  He cannot believe the city is allowing this emotional and psychological trauma to happen in the name of money.  He spoke on a second issue.  He fully supports the ordinance requiring the replacement of trees, referencing the dollar value of air cooling, wildlife, and pollution. 

 

Pauline Napolitano, 112 Curtis St., spoke on the speeding issues and lack of enforcement.  The speed limit should be lowered, and the police presence should be increased.

 

Sanford Pliskin, 34 Magnolia St. spoke regarding overnight parking.  He indicated there is a lot of concern expressed on social media with the lack of overnight parking.

 

Susan Blake of 173 Grand Ave. spoke regarding the Budlong pool.  Cranston is the second largest city in the state.  Budlong is the largest outdoor municipal pool in the United States.  It is where many residents learn to swim, which is a life saving skill.  It is an open-air activity.  This is the fourth year without the pool.  She questioned the hiring of lifeguards based on race and age.  Past mayors have kept the pool open.  The current Mayor is planning a new design.  She would like to know the depths planned for young swimmers and lap lanes and the maximum capacity.  She is against the change in parameters.  There is enough space for splash pads and pickle ball in the adjacent area at the basketball courts.  The closing time should be 7pm, not 6pm, to allow working people to take advantage of the pool, with or without children.

 

Donna Rook of 79 Pawtuxet Ave. spoke about overnight parking.  The arguments in favor of this restriction do not make sense.  It targets combined households and residents without driveways.  She is in favor of removing the prohibition of overnight parking from the ordinances.

 

Drake Patten of 684 Natick Ave. spoke via Zoom in favor of the tree ordinance.

 

VI.       ELECTION AND/OR APPOINTMENT OF CITY OFFICIALS

 

Board of Contract & Purchase:

• Appointment of Thomas Trudell for term ending January 1, 2024 (Minority Appointment).

 

No vote taken.

 

VII.     REPORT OF CITY OFFICERS

            None.

 

VIII.    EXECUTIVE COMMUNICATIONS

           

Request to be continued in service for one year - Assistant Chief Daniel Marcinko, Cranston Fire Department. 

 

Mr. Moretti indicated Mr. Marcinko has passed all requisites for continued service.  He urged Council to approve the request.

 

MOTION made by Councilman Ferri, SECONDED by Councilman Reilly to approve the request.

 

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

 

Legal Expense Analysis from July 1, 2022 – March 27, 2023.   

 

For information only.  No vote taken.

 

* At this time, Council returned to Resolution adoption of the City Council Rules for the 2023-2024 term. 

 

MOTION made by Councilman Donegan, SECONDED by Councilwoman Germain to approve the Council Rules.

 

President Marino noted the absence of Exhibits A and B from the packet.  There was a misunderstanding between legal counsel and the Clerk's office with regard to the exhibits being published.  Since they have not been provided, the President would prefer the motion be withdrawn, and a motion made to continue to the next scheduled full Council meeting.

 

MOTION withdrawn by Councilman Donegan.

 

MOTION made by Councilwoman Renzulli, SECONDED by Council Vice-President Vargas to continue this item to the April 13, 2023 Special Council Meeting.

 

Council President Marino consulted with the Clerk.  The next meeting of the full Council is scheduled for April 4, 2023.  She asked that the item be continued to that date and added to the agenda.

 

AMENDED MOTION made by Councilwoman Renzulli, SECONDED by Council Vice-President Vargas to continue the item to the April 4, 2023 Special Council Meeting.

 

VOTE:  Aye - Renzulli, Germain, Donegan, Campopiano, Reilly, Vargas, and Marino; Nay - Ferri and Paplauskas (motion carries by a majority affirmative vote of 7-2).

 

President Marino asked if the signed fiscal note was ready.  Mr. Moretti confirmed.  The Clerk presented it to the President.

 

* At this time, the floor was returned to Council Vice-President Vargas as Chair of the Ordinance Committee, for continued debate on Ordinance 2-23-05.

 

Council Vice-President Vargas asked if the fiscal note had been signed by the Finance Director.  President Marino confirmed.  At the request of Chairwoman Vargas, President Marino read the amounts.

 

MOTION made by Councilman Donegan, SECONDED by Councilman Paplauskas to approve.

 

Councilman Paplauskas asked the Administration if the additional funds have been budgeted for the upcoming fiscal year.  What happens if the money is not available to do what is proposed?

 

Mr. Moretti cannot confirm, since the Mayor's budget has not yet been authorized.  He can say the budget is flat.  While this may not sound like a lot of money, 24 positions were eliminated by the city.  The Mayor's thought process while developing the budget was the city should not be spending more.

 

Councilman Reilly recommended removing the comma and adding "as the budget shall allow." at the end of line 31, as a solution to balance the importance of the program and the fiscal stability of the city.

 

Council President Marino appreciates Councilman Reilly's mindset; however, the point is moot.  If the funds have not been allocated, then it can't happen.  In response to the concern of a $30,000 increase, the city has a $320 million budget.  This is a small fraction.  The city received $42 million in ARPA funds, much of which has not gone back into the community other than to plug deficit holes.  There are funds available.  This can be addressed during budget season.

 

Council Vice-President Vargas asked about funds for the current fiscal year.

 

A. Moretti believes an amended budget line item would be required to fund the current fiscal year.

 

Council Budget Analyst DiMaio agreed.  For the current fiscal year, funds would need to be re-appropriated.  Going forward, the funds would be part of the budget voted on by the Council.

 

Councilman Donegan suggested an alternate effective date of July 1, 2023, if it appeases Council and the Administration.  He is confident he can find $30,000 to move around in the new budget.

 

Atty. Angell confirmed the amendment would be in order.

 

MOTION to approve withdrawn by Councilman Donegan.

 

MOTION made by Councilman Donegan, SECONDED by Council Vice-President Vargas to amend line Section 2, line 33 of the ordinance to delete "upon its final adoption" and replace it with "July 1, 2023". 

 

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

 

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

 

Councilwoman Renzulli would like to go back to Councilman Reilly's suggested amendment.  Is the Council not instructing the Administration to put the funds in the budget by adopting the ordinance; and if they don't, is the Administration in violation of the ordinance? 

 

President Marino responded.  If the money's not there, it's not there.  As to violation on the part of the Administration, she's sure it's not the first, nor will it be the last time that has happened in the history of the city.  Whether or not a Council has chosen to sue the Administration over not executing an ordinance, history could tell, but it's not something this Council has done, nor is it something she would necessarily be inclined to do, but she will defer to legal.

 

Atty. Angell explained it is a function of Council during budget season to move money around if they so choose.  The budget line item may show $0 as proposed.  It is up to the Council to do as they feel.

 

Council Vice-President Vargas mentioned the possibility of available grants.

 

President Marino has had those discussions with the grant writer.  Perhaps passage of this ordinance may assist in that regard.

 

Councilman Ferri expressed his intention to abstain.

 

At the request of Council Vice-President Vargas, the Clerk read back the motion before the roll was taken.

 

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

 

IX.       COUNCIL PRESIDENT COMMUNICATIONS

None.

 

X.        COUNCIL MEMBER COMMUNICATIONS

 

Councilman Paplauskas is hosting an Earth Day clean-up of Meschanticut Park on April 22 at 9am.  Volunteers can meet in the Cranston West parking lot.  Students and Boy Scouts are eligible for community service hours for participating.

 

Councilwoman Germain is also organizing an Earth Day clean up on April 22, at 11am.  Volunteers can meet at the Budlong Pool.

 

XI.       COUNCIL BUSINESS MATTERS CARRIED OVER

            None.

 

 

XII.     INTRODUCTION OF NEW MATTERS BEFORE THE COUNCIL

 

3-23-01            Ordinance transferring $350,000 from the American Rescue Plan Act Grant Fund for engineering design development cost for construction of a Budlong pool and partial renovation of an improvement upon the property.  Sponsored by Mayor Hopkins.  Referred to Finance Committee April 3, 2023.

 

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. Referred to Ordinance Committee April 13, 2023.

 

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.  Referred to Ordinance Committee April 13, 2023.

 

3-23-04            Ordinance in amendment of Title 10, Chapter 28, Section 090 of the Code of the City of Cranston, 2005, entitled “Motor Vehicles and Traffic – All Night Parking Prohibited”.  Sponsored by Councilwoman Germain.  Referred to Ordinance Committee April 13, 2023.

 

3-23-05            Ordinance in amendment of Chapter 17 of the Code of the City of Cranston, 2005, entitled “Zoning” (Change of Zone – 1388 & 1390 Cranston St. – Knights Corner Development Project).  Sponsored by Councilman Paplauskas.  Referred to Ordinance Committee May 11, 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.  Referred to Ordinance Committee April 13, 2023.

 

Resolution authorizing the adoption of the 2022 Cranston Hazard Mitigation Plan update.  Sponsored by Mayor Hopkins and Council President Marino.  Referred to Ordinance Committee April 13, 2023.    

 

Request from Narragansett Electric for pole location at Gansett Ave.  Referred to Public Works Committee April 13, 2023.   

 

Request from Narragansett Electric for pole location at Hosey Dr.  Referred to Public Works Committee April 13, 223.   

 

CLAIMS REFERRED TO CLAIMS COMMITTEE – MONDAY, APRIL 3, 2023.

• Property Damage Claim:
• Carol Surrette from alleged incident on January 17, 2023.

 

• Personal Injury Claim:
• Victor C. Dichristopher from alleged incident on September 29, 2022.
• Rosemarie Doidge from alleged incident on January 31, 2023.

 

President Marino called for a motion to consider the matters as a block.

 

MOTION made by Councilman Donegan, SECONDED by Council Vice-President Vargas to consider the new business items as a block.

 

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

 

President Marino called for a motion to refer all the new matters to their respective committees.

 

MOTION made by Councilman Reilly, SECONDED by Council Vice-President Vargas to refer all items of new business to their respective committees.         All Ayes/no Nays

 

XIII.    MISCELLANEOUS BUSINESS ON CLERK’S DESK

            None.

 

MOTION made by Council Vice President Vargas, SECONDED by Councilman Reilly to adjourn at 8:29 P.M.            All Ayes/no Nays

 

 

Minutes approved as written April 24, 2023

 

Attest:

 

Tracy A. Nelson

City Clerk