I.                   CALL TO ORDER

The meeting was called to order at 7:04 P.M. by Council President Jessica M. Marino

II.                ROLL CALL

The roll was called by the Clerk.  Stated as present:  Councilman Robert J. Ferri, Councilwoman Nicole Renzulli, Councilwoman Kristen E. Haroian, 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:  Solicitor Christopher Millea, Asst. Solicitor John Verdecchia, Budget Analyst David DiMaio, Chief of Staff Anthony Moretti, and City Clerk Tracy Nelson.

III.             PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited by the body.

IV.             APPROVAL OF MINUTES   (votes may be taken)

MOTION made by Councilman Donegan, SECOND by Councilman Wall to take all the minutes as a block.

VOTE:  Ayes – 9 (unanimous)

V.                PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS – None

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

Public hearings under this section are limited to DOCKETED subject matters only. Public comment may be subject to time limitations.

Susan Blake, 173 Grand Ave., suggested Council seek to recover some of the $200,000 cost of the six-year-old liner from Budlong Pool if it failed.  She pointed out that Vantage Builders website notes weekly meetings with their clients.  Please keep this in mind when Director Moretti gives an update later.  She criticized the Mayor’s distribution of the remaining ARPA funds in the resolution docketed as new business.

VII.           RESOLUTIONS – None

VIII.       REPORTS OF COMMITTEES

IX.             PUBLIC COMMENT FOR UNDOCKETED ITEMS   (no votes)

Public comment may be permitted under this section, subject to time limitations, for UNDOCKETED items only.

Marcia Fowler, 35 Milton Ave. thanked the City Council for ensuring budgets include music and band, which have positive impacts on students.

Drake Patten, 684 Natick Ave. (via Zoom) referred to the solar project which would eradicate 27-28 acres of forest for a commercial solar power project.  Two bodies, the Planning Commission and the Zoning Board, voted against the project.  The decision was appealed.  The court has returned with an order for the city to accept. She is disappointed in the Administration’s lacking defense of the citizens and the volunteers that serve on these bodies.

X.                ELECTION/APPOINTMENT OF CITY OFFICIALS

APPOINTMENT of Ralph Baccari to the Juvenile Hearing Board for the term December 1, 2024 through December 1, 2027 (currently serving as 2nd Alternate through 12/01/2024);  as requested by Council President Marino   (vote may be taken)

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

Discussion:

Councilman Paplauskas will be voting against the motion.  If this motion passes, there will not be room for Pamela Schiff, whose re-appointment is later on the docket.  He instead will support the re-appointment of Pamela Schiff.

Councilwoman Renzulli asked for clarification.

Council President Marino explained that the motion on the table is to appoint Ralph Baccari to a full membership position as of the expiration date of the term currently held by Pamela Schiff.  Her request for appointment of Ralph Baccari was made in consultation with the Chair of the Board who expressed the need for more male representation.  If Mr. Baccari is moved to the full position, that will leave the alternate seat he currently holds available.  Ms. Schiff could be nominated for that seat.

Councilwoman Renzulli noted Ms. Schiff’s involvement in the community.  She will continue to support her.

Councilwoman Haroian has served on the Juvenile Hearing Board.  She also spoke with the Chair.  He expressed the same to her; to bring in another male board member.  She noted that the alternates are always welcome.

Council Vice-President Vargas inquired about Ms. Schiff’s attendance.

Council President Marino advised the Council Vice-President she would need to speak to the Chair to obtain that information.

Council Vice-President Vargas will not support Mr. Baccari’s appointment to replace a sitting member.

VOTE ON MOTION:  Ayes – 4 (Ferri, Haroian, Wall, Marino); Nays – 5 (Renzulli, Donegan, Campopiano, Paplauskas, Vargas).  MOTION FAILS.

APPOINTMENT of Jessica Salter to the Probate Judge Advisory Commission for the unexpired term ending December 31, 2026; as requested by Council President Marino

(vote may be taken)

MOTION made by Councilwoman Haroian, SECOND by Councilman Donegan to appoint Jessica Salter to the Probate Judge Advisory Commission as requested.

VOTE:  Ayes – 9 (unanimous)

APPOINTMENT of Attorney Michelle Bergin Conte to the Probate Judge Advisory Commission for the unexpired term ending December 31, 2025; as requested by Council President Marino   (vote may be taken)

Councilwoman Renzulli pointed out a scrivener error in the spelling of the appointee’s last name. According to the resume her last name should be Bergin-Conti.

MOTION made by Councilman Wall, SECOND by Councilwoman Haroian to appoint Michelle Bergin-Conti to the Probate Judge Advisory Commission as requested.

VOTE:  Ayes – 9 (unanimous)

APPOINTMENT of Attorney Susan M. Pires to the Probate Judge Advisory Commission for the unexpired term ending December 31, 2026; as requested by Council President Marino   (vote may be taken)

MOTION made by Councilwoman Haroian, SECOND by Councilman Wall to appoint Susan M. Pires to the Probate Judge Advisory Commission as requested.

VOTE:  Ayes – 9 (unanimous)

APPOINTMENT of Attorney Ann Marie Maccarone to the Probate Judge Advisory Commission for the unexpired term ending December 31, 2024; replacing Atty. Joseph Manera (resigned 10/24/24); as requested by Council President Marino

(vote may be taken)

MOTION made by Councilwoman Haroian, SECOND by Councilman Paplauskas to appoint Ann Marie Maccarone to the Probate Judge Advisory Commission as requested.

VOTE:  Ayes – 9 (unanimous)

RE-APPOINTMENT of Carol Aguasvivas to the Juvenile Hearing Board for the term December 1, 2024 through December 1, 2027; as requested by Council President Marino

(vote may be taken)

MOTION made by Councilwoman Haroian, SECOND by Councilman Wall to re-appoint Carol Aguasvivas to the Juvenile Hearing Board as requested.

VOTE:  Ayes – 9 (unanimous)

RE-APPOINTMENT of Pamela T. Schiff to the Juvenile Hearing Board for the term of December 1, 2024 through December 1, 2027; as requested by Councilman Paplauskas

(vote may be taken)

MOTION made by Councilwoman Renzulli, SECOND by Councilman Paplauskas to re-appoint Pamela T. Schiff to the Juvenile Hearing Board as requested.

VOTE:  Ayes – 9 (unanimous)

RE-APPOINTMENT of Kathryn M. Crowley to the Juvenile Hearing Board, as Alternate #1, for the term December 1, 2024 through December 1, 2025; as requested by Council President Marino  (vote may be taken)

MOTION made by Councilman Wall, SECOND by Councilwoman Haroian to re-appoint Kathryn M. Crowley to the Juvenile Hearing Board as requested.

VOTE:  Ayes – 9 (unanimous)

RE-APPOINTMENT of Attorney Ann Marie Maccarone to the Probate Judge Advisory Commission for the term December 31, 2024 through December 31, 2027; as requested by Council President Marino   (vote may be taken)

MOTION made by Councilman Wall, SECOND by Councilman Donegan to re-appoint Ann Marie Maccarone to the Probate Judge Advisory Commission as requested.

VOTE:  Ayes – 9 (unanimous)

RE-APPOINTMENT of Paul Tognetti to the Historical Cemeteries Commission, as Alternate #1, for the term October 25, 2024 through October 25, 2027; Appointed by Council President Marino in accordance with Section 2.55.010 of the Code of Ordinances

(no vote needed – Council President Appointment)

No action taken.

XI.             REPORT OF CITY OFFICERS – None

XII.          EXECUTIVE COMMUNICATIONS

XIII.       COUNCIL PRESIDENT COMMUNICATIONS   (no votes)

Council President Marino announced her participation in the Annual Veterans Food Donation Drive in support of Operation Stand Down November 18 through 30, 2024

XIV.       COUNCIL MEMBER COMMUNICATIONS  (no votes)

Councilwoman Haroian requested an updated from the Administration relative to Budlong Pool.

Director Moretti reported the contractor is ready to commence work starting on the outside to the pool itself, then the pool house.  The mosquito repellent treatment continues.  There are two approvals that need to be finalized.  The first, due to the grant, is the HUD environmental review.  The second is an internal review of the waste and sewer plan.  Previously, waste was discharged to a septic.  It will now be connected to the sewer.  The overflow was previously discharged to the stream.  It will now be discharged to the sewer.

At the request of the Council President, MOTION made by Councilman Paplauskas and SECONDED by Councilman Wall to take the agenda out of order.

XV.          EXECUTIVE SESSION  (vote may be taken to move to executive session)

MOTION was made by Councilwoman Haroian, and SECONDED by Councilman Wall to move to Executive Session pursuant to R.I. Gen. Laws § 42-46-5(a)(2) pertaining to collective bargaining or prospective or actual litigation matters as listed below:

Pursuant to R.I. Gen. Laws § 42-46-5(a)(2) pertaining to litigation:

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 may be taken*)

Pursuant to R.I. Gen. Laws § 42-46-5(a)(2) pertaining to collective bargaining:

Collective Bargaining Agreement for Teamsters Local 251, affiliated with the International Brotherhood of Teamsters Municipal Employees, for the term beginning July 1, 2024; including the Administration’s negotiations and contract details (vote may be taken*)

ROLL CALL VOTE: Ayes – 9 (Ferri, Renzulli, Haroian, Donegan, Campopiano, Paplauskas, Wall, Vargas, Marino)

The Council convened in Executive Session at 7:37 P.M.

XVI.       RETURN OPEN SESSION   (vote may be taken)

MOTION made by Councilman Ferri, SECOND by Councilman Wall to return to open session at 8:55 P.M.

VOTE:  Ayes – 9 (unanimous)

REPORT of Council President Marino that a motion was made, seconded, and unanimously approved in Executive Session to approve the judgment and order relative to 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).

MOTION made by Councilman Wall, SECOND by Councilman Donegan to seal the minutes of the executive session.

VOTE:  Ayes – 9 (unanimous)

XVII.    INFORMATIONAL ITEMS – NO ACTION NEEDED

RESIGNATION of Attorney Joseph Manera from the Probate Judge Advisory Commission effective immediately.   (no vote)  No action taken.

XVIII. COUNCIL BUSINESS MATTERS CARRIED OVER – None

XIX.       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 Paplauskas, SECOND by Councilman Wall to consider all new business items as a block.

VOTE:  Ayes – 9 (unanimous)

Council President Marino noted scrivener errors on the docket as notated below by an *.

MOTION made by Councilman Ferri, SECOND by Councilman Wall to refer all new business items to their respective committees as indicated below.

VOTE:  Ayes – 9 (unanimous)

10-24-01 ORDINANCE In Amendment of Chapter 12.08.080 of the City of Cranston, 2005, Entitled ‘Sidewalk, Curb and Driveway Construction’ (Sidewalk Cost Share Program); Sponsored by Councilman Donegan and Councilman Campopiano; to be referred to the Ordinance *Public Works Committee November 14, 2024 (vote may be taken)

XX.          ADJOURNMENT (vote may be taken)

MOTION made by Councilman Donegan, SECOND by Councilman Wall to adjourn at 9:00 P.M.                             All Ayes

Approved as written November 25, 2024

Attest:  ______________________________

Rosalba Zanni, Assistant City Clerk

2024-10-28 Regular Council Meeting Minutes