I.                   CALL TO ORDER

The meeting was called to order at 7:01 P.M. by Council President Jessica M. Marino.

II.                ROLL CALL

The roll was called by the Clerk.  Stated as present: Councilman Ferri, Councilwoman Renzulli, Councilwoman Haroian, Councilman Donegan, Councilman Campopiano, Councilman Wall, Council Vice-President Vargas, and Council President Marino.  Recorded as absent:  Councilman Paplauskas.  Also present:  David DiMaio, Budget Analyst; Stephen Angell, Legal Counsel; John Verdecchia, Asst. Solicitor; Anthony Moretti, Director of Administration; and Tracy Nelson, City Clerk.   

III.             PLEDGE OF ALLEGIANCE

The Pledge of Allegiance to the Flag was recited by the body.

IV.             APPROVAL OF MINUTES   (votes may be taken)

V.                PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS (no votes)

            None

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

Public comment under this section was limited to DOCKETED subject matters only

Susan Blake, 173 Grand Ave., spoke about Ordinance #6-24-01 sponsored by Mayor Hopkins asking for $2.5 million in ARPA funds.  The distribution of money is out of whack.  Cranston’s infrastructure has been shorted.  She is requesting redistribution of the money to address more of the glaring infrastructure issues.

Atty. Peter Skwirz represents a number of property owners relative to the Sage Drive rezoning.  He spoke extensively at the Ordinance Committee.  The difference between then and now is that the committee has held an executive session.  The zoning enabling act requires a public process.  He questioned the extent of the impact of the executive session on passage of the ordinance.  He questioned if it complies.  The reason for the executive session was the lawsuit.  To be abundantly clear, the zone change is not required by law.  Each council member must decide as a matter of policy.  Approval from the Planning Commission and the City Council is required, with approval of planning first.  This step was skipped.  The current zoning allows a limited number of lots.  Planning Board approval is required by law.  He reiterated the points made in his letter. The process was out of order and the executive session does not comply with the law.

Janice Cataldo, 65 Sage Drive, referenced the Superintendent’s quote from October, 2023 that Orchard Farms was at capacity.  At the time there were 460 students.  How is it possible to now add 150 students?  There have been no additions.  The City Council has not been able to control growth in Western Cranston because of existing zoning.  This Council said they would not be bullied into not denying the zone change because of the impact on critical city resources.  It is shameful that the vote now comes down to political affiliation.

Vin McCrystal, also of 65 Sage Drive, indicated there are four reasons Council should vote down the ordinance for the zone change:  1) The Council and the residents were threatened by the developer with a livestock farm and religious building; 2) The domino effect of Peppermill and Caraway.  Today he visited The Preserve at Pippin Orchard,  which is 20-25 acres and will have eight houses on an acre each.  It is zoned the same as 0 Sage Drive – A80; 3) Every home sold on Sage Drive and surrounding streets in the last decade has children.  The cost of educating the students is above and beyond the property taxes; 4) No one wants it.  The Council should do what the citizens want.  He encourages the Council to vote no.

Joe Narcisi, 22 Caraway Drive, stated the City Planning Director failed to do his job in updating the Comprehensive Plan.  He operates with no oversight and accountability.  You have a wealthy landowner with political connections applying pressure and making threats.  You have inflated school capacity numbers that even the RI Dept. of Education cannot explain.  You have procedural issues, lawsuits, and chaos.  Despite all of this, the Council may still vote to put more money in Mr. Casale’s pocket.  Claiming to fix the housing crisis by adding $800,000 homes to Western Cranston overlooks basic economic principles.  A victory for him now means every time the city votes against what someone wants, more will threaten lawsuits just to get their way.  Legislation by litigation is not what this city needs.  If the cost of the lawsuit is the concern, remember the estimated cost of a new school is $130 million.  Doing the right thing isn’t always easy.  Being elected shows that enough people believed you had the morals and strength of character to stand firm in the face of pressure.  

Atty. Elizabeth Noonan of Adler, Pollack & Sheehan represents John Casale.  She initiated the original lawsuit following denial several years ago.  The suit is pending on several counts.  They are seeking approval to change the zoning for one parcel from A80 to A20.  Theres been a positive recommendation from the Ordinance Committee.  The Planning Dept. has stated numerous times that the proposal is consistent with the Comprehensive Plan, which is the legal standard.  The Council’s obligation is to conform their ordinances to the Comprehensive Plan.  She believes it is appropriate legally and factually.  She has been practicing land use law for 30 years.  When she sees a Comp Plan that says something should be zoned, in this case, A20, that’s what she goes by.  She thinks it is appropriate for Council to grant the zone change and she asks for favorable consideration.

Dante` Marinaro, 132 Fordson Ave., Unit 3 believes the person in charge when Western Cranston was developed lied and indicated a water level that was not true.  Most of the existing houses are pretty much surrounded by water.  The water has to go somewhere.  We seem to forget what’s happened between 2010-2024.  We keep building and developing.  Things have changed. You cannot apply the zoning today that was applied years back when this wasn’t happening.  Council should consider today’s environment, not what it was 10-20 years ago regarding zoning values, rules, and regulations.

Kristin Narcisi, 22 Sage Drive (via Zoom) is a parent of two children; one at Orchard Farms and another that is transitioning to Hope Highlands.  The PTO has discussed capacity issues.  She does not understand the numbers presented at the last meeting.  The Dept. of Education doesn’t either.  It is unfair to discuss the numbers at the eleventh hour.  They should have been discussed at a Planning meeting before reaching City Council.  How does rezoning this lot benefit the people of Cranston?  Besides Mr. Casale and his attorney who has spoken in support?  It impacts the municipality, the children, and the existing taxpayers.  She’s frustrated that some that have supported the neighbors in the past have changed.  She assumes that comes down to the pending litigation.  It’s scary that pending litigation can change legislation.  Please do not allow the rezoning.  The neighbors want him to be able to build the homes he is allotted, but not to rezone at the sake of neighbors.

Patricia Gilmore, 4 Pepper Mill Lane (via Zoom), instead of repeating her neighbors would like to remind everyone that, contrary to what Mr. Casale’s legal representative mentioned, this is not in conjunction with the Comprehensive Plan.  The approved Comprehensive Plan and approved Future Land Use Map have the parcel zoned A80.  The mysterious link makes it appear that the Comp Plan was updated in 2012.  She has yet to receive a response or find any documentation to support that the revised Future Land Use Map showing this parcel as A20 was actually adopted.  There is no law that forces the City Council to approve a rezoning request. 

VII.          RESOLUTIONS

            None 

VIII.       REPORTS OF COMMITTEES

X.        ELECTION/APPOINTMENT OF CITY OFFICIALS    

APPOINTMENT of Ralph Baccari as Alternate #2 to the Juvenile Hearing Board to fill the unexpired term ending December 1, 2024; as requested by Councilman Wall

   (vote may be taken)

MOTION made by Councilman Ferri, SECOND by Councilman Wall to appoint Ralph Baccari as requested.

Council returned to the Committee reports following the Appointments:

D.  Report from the Chair, Council Vice-President Vargas, on the PUBLIC WORKS COMMITTEE meeting held June 13, 2024:   (nothing to report)   (no votes)

E.  Report from the Chair, Council Vice-President Vargas, on the ORDINANCE COMMITTEE meeting held June 13, 2024:  

XI.       REPORT OF CITY OFFICERS

            None

Council moved on to Executive Communications next

XII.     EXECUTIVE COMMUNICATIONS

IX.             PUBLIC COMMENT FOR UNDOCKETED ITEMS   (no votes)

Public comment was permitted under this section for UNDOCKETED items only.

Diana Gordon, 85 Briggs St., spoke of escalating harassment from fellow tenants.  It occurs while she’s not home and while she’s asleep.  She has photos she can provide.  She welcomed the members of the City Council to come to her apartment.

Council President Marino knows the Housing Director and the Police Department have responded.  She will reach out as well. 

XIII.    COUNCIL PRESIDENT COMMUNICATIONS   (no votes)   

Status of the Pare Corporation report on the city’s bridges and culverts

Director Moretti spoke.  Pare` continues to work on the technical report.  The first step is to identify areas in need of attention.  Two issues have been reported:  Kimberly Lane and Dean.  The city is in the process of responding.  The second step is to compile the technical engineering reports and estimates for repairs and maintenance of fifteen other locations.  The timeline for the comprehensive report is August/September.  This will culminate in a long-term budgetary plan.  The estimate for the structural support at Dean is $25,000-$30,000.   

Council President Marino was first told in Public Works Committee discussions that the report would be available in May.  Then July/August.  Now it’s later. 

Director Moretti stated the Administration will not micromanage.   The consultants are being given latitude.  To the Mayor’s credit, he has been proactive.  This type of report has never been done.  We got what we needed to address immediate concerns.  The written reports will be very technical.  There is nothing actionable.  They will be long-term budget items.

Council Vice-President Vargas asked if any prepared reports were available.

Director Moretti answered none that have been seen or vetted by the Administration.  He requested the professionals be allowed to do their job.  Unless someone has an engineering background, it would be distracting and may cost more money. 

Council Vice-President Vargas asked if any stakeholders, other than the engineering department, would be involved before coming to Council.

Director Moretti does not feel that would be prudent.  Unless required, the Mayor has no intention of interfering with the process.

Council Vice-President Vargas assumes someone is checking in with the consultants regularly and asked who the project manager is.

Director Moretti confirmed; the Department of Public Works, specifically Mr. Mateus and Mr. Bernardo, the former Director, who assists in the department ten hours per week.

Councilman Ferri would think the Administration would want to have a full-time Director with these projects going on.  Why are we not actively seeking one?  We have one city engineer and no Public Works Director.  It was not budgeted to hire one.

Director Moretti explained recruitment is difficult with an at-will employee and a potential change in Administration with less than a year remaining and Council scrutiny. 

Councilman Wall asked again about the timeline.  Director Moretti reiterated the process.  It is one of the most technical documents we will see.  Their best estimate for completion is August/September.  Councilman Wall asked for Council to be updated if the timeline is pushed back.

Councilwoman Renzulli asked when Pare` began the work.  The contract indicates the project will take six months.

Director Moretti believes the contract was signed in February or March.  The fieldwork commenced after the contract was signed.  

Council President Marino asked for the information because she gets questions from constituents.  The list of bridges and culverts was requested three months ago.  It was provided two weeks ago.  She hopes Council will not have to ask for this report. 

Director Moretti suggested Council President Marino inform constituents that all the bridges and culverts have been inspected.  Two bridges were identified in need of immediate repair: Kimberly and Dean.  The rest do not require immediate attention.  No surprises are anticipated.

Acknowledgement of Happy Pride Month, Happy Juneteenth, Happy 4^th of July, and the commencement of Summer

XIV.    COUNCIL MEMBER COMMUNICATIONS  (no votes)  

            None

XV.     COUNCIL BUSINESS MATTERS CARRIED OVER

            None

XVI.    INTRODUCTION OF NEW BUSINESS

The following New Business items are listed for reference and for a vote to be referred

to the appropriate Council sub-committee for a public hearing:

MOTION made by Councilman Wall, SECOND by Councilman Donegan to consider all the new business items as a block.

VOTE:  Ayes – 8 (unanimous of the members present)

XVII.  EXECUTIVE SESSION

MOTION made by Councilman Wall, SECOND by Councilman Ferri to move to executive session at 8:28 P.M., pursuant to the following:

Executive or closed session pursuant to R.I. Gen. Laws § 42-46-5(a)(2) for litigation matters re complaint filed by Mayor Kenneth J. Hopkins (as styled below) seeking a declaration that the Operating and Capital Budgets of the City of Cranston for Fiscal Year 2024-2025 is unlawful and in direct contravention of the powers and authority granted to the City Council under the Cranston Home Rule Charter to the extent it seeks to utilize the funds received by the City pursuant to the American Rescue Plan Act and exceeds the budgetary amount identified in the proposed Budgets without the appropriate action under the Charter. 

Mayor Kenneth J. Hopkins v. Thomas Zidelis, in his official capacity as  finance director for the City of Cranston; City Council of the City of Cranston,  Rhode Island; Jessica Marino, in her capacity as Cranston City Council President, Lammis  J. Vargas, in her capacity as Cranston City  Council vice-president; John P. Donegan, in  his capacity as Cranston City councilmember;  Robert J. Ferri, in his capacity as Cranston City Councilmember; Daniel Wall in his capacity as  Cranston City Councilmember; Kristen E. Haroian,  in her capacity as Cranston City councilmember; Nicole Renzulli, in her capacity as Cranston City Councilmember; Christopher G. Paplauskas, in his capacity as Cranston City Councilmember; Richard D. Campopiano, in his capacity as Cranston City councilmember (PC-2024-03291)

VOTE:  Ayes – 8 (unanimous of the members present)

XVIII.  RETURN OPEN SESSION  (vote may be taken)

MOTION made by Councilman Ferri, SECOND by Councilman Wall to return to open session at 8:56 P.M.

VOTE:  Ayes – 8 (unanimous of the members present)

Council President Marino reported that no motions were made in Executive Session.

MOTION made by Councilman Ferri, SECOND by Council Vice-President Vargas to seal the minutes of the executive session.

VOTE:  Ayes – 8 (unanimous of the members present)

XIX.  ADJOURNMENT (vote may be taken)

MOTION made by Councilman Ferri, SECOND by Councilman Wall to adjourn at 8:57 P.M.        All Ayes

Minutes approved as written July 22, 2024

Attest:  ____________________________

                  Tracy A. Nelson, City Clerk