MINUTES

 

MONDAY, JANUARY 27, 2025, at 7:00 P.M.

 

 

The regular monthly meeting of the Cranston City Council was held on Monday, January 27, 2025 at 7:00 PM. in the Cranston City Council Chambers, Cranston City Hall, 869 Park Ave., Cranston, RI  02910 for the purpose of conducting the items of business appearing on the docket.

 

 

YouTube Live Stream

 

This meeting was live streamed on YouTube. Click the link to view the meeting. https://www.youtube.com/channel/UCtE9vwA1B1PQHuftrNPcZjg.

 

 

I.          CALL TO ORDER

 

The meeting was called to order at 7:09 P.M. by Council President Jessica Marino.

 

II.        ROLL CALL

 

The Clerk called the roll.  Stated as present: Councilman Campopiano, Councilman Buonanno, Councilwoman Graziano, Councilwoman Haroian, Councilman Andujar, Councilman Ritz, Councilman Traficante, Council Vice-President Wall and Council President Marino.  Also present: Asst. Solicitor John Verdecchia, Legal Counsel Atty. Stephen Angell, Solicitor Christopher Millea, Director of Administration Anthony Moretti, Budget Analyst David DiMaio, City Clerk Tracy Nelson, and stenographer Ron Ronzio.

 

III.       PLEDGE OF ALLEGIANCE

 

The Pledge of Allegiance was recited by the body.

 

IV.       APPROVAL OF MINUTES  

 

APPROVAL of the minutes of the December 16, 2024 Regular Council Meeting  (vote may be taken)   [click to view]

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian to approve.  VOTE:  Ayes – 9  (unanimous)

 

APPROVAL of the sealed minutes of the December 16, 2024 Executive Session  (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian to approve.  VOTE:  Ayes – 5 (Campopiano, Haroian, Andujar, Wal, Marino) / Abstained – 4 (Buonanno, Graziano, Ritz and Traficante).  MOTION CARRIES.

 

APPROVAL of the minutes of the January 6, 2025 Inaugural Meeting   (vote may be taken)   [click to view]

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian, to approve.  VOTE:  Ayes – 9  (unanimous)

 

APPROVAL of the minutes of the January 13, 2025 Special Council Meeting  (vote may be taken)   [click to view]

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian to approve.  VOTE:  Ayes – 9  (unanimous)

 

 

 

V.        PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

 

CITATION congratulating Robert Ryan on his retirement as Chief of the Cranston Fire Department and honoring his years of service  (no vote)

 

The Citation was presented by Council President Marino.  Chief Ryan offered a few words.  He is confident the new Chief and the Administration will keep the department moving in the right direction.

 

VI.       PUBLIC HEARINGS AND PUBLIC COMMENT – DOCKETED ITEMS

 

Atty. Robert Murray spoke relative to the consideration and approval of the letter of engagement between the City and Attorney Angell as Legal Counsel.  He has no issue with the stipend or the hourly rate.  There are some items he would like Council to consider.  First, the proposed agreement is not subject to appropriations, which means Council cannot reduce the amount of the stipend due to budget considerations without his consent.  Second, hiring requires only a majority vote, while termination of his services requires a super majority 2/3 vote of the Council. There are only a few times in the Charter a 2/3 vote is required.  Third, the agreement suggests there are times when only one Council member would see his detailed billing, excluding the other eight members.  Fourth, if his payment is more than fourteen days late, it will incur a late fee of 18% per annum, compounded.  Fifth, and lastly, if there’s a dispute with his invoice, the city must pay his legal fees and collection costs, even if the city prevails. 

 

Nicole Renzulli, 54 Massachusetts St., congratulated Chief Ryan on his retirement and spoke in support of Mr. Marcinko’s appointment as his replacement.  She also supports the appointments of Emilia Vaziri to the Juvenile Hearing Board and Councilwoman Haroian’s to the Audit Committee.

 

Joseph Narcisi, 22 Caraway Dr. (via Zoom) spoke in opposition to the proposed Zone Change for the Terminus of Caraway Dr.  He would like Council to support the residents’ concerns for growth control and deny the zone change.

 

 

VII.     RESOLUTIONS

None

 

VIII.    REPORTS OF COMMITTEES

 

A.    Report from the Chair, Councilman Wall, on the CLAIMS COMMITTEE meeting of January 13, 2025: Report of Claims Paid   (no vote)

 

There were no questions or comments.

 

B.     Report from the Chair, Councilwoman Haroian, on the SAFETY SERVICES & LICENSES COMMITTEE meetings held January 13, 2025 and January 27, 2025: (nothing to report)   (no vote)

 

C.  Report from the Chair, Councilman Wall, on the FINANCE COMMITTEE meeting held January 13, 2025 and January 27, 2025:

 

RESOLUTION Authorizing Real Estate Tax Abatements as requested by the Tax Assessor and recommended for approval by the Committee January 13, 2025 (vote may be taken)

 

MOTION made by Councilman Andujar, SECONDED by Councilwoman Haroian to approve the real estate tax abatements.  VOTE: Ayes – 9 (unanimous)

 

RESOLUTION Authorizing Motor Vehicle Tax Abatements as requested by the Tax Assessor and recommended for approval by the Committee January 13, 2025 (vote may be taken)  

 

MOTION made by Councilman Andujar, SECONDED by Councilwoman Haroian to approve the motor vehicle abatements.

VOTE: Ayes – 9  (unanimous)

 

ADVICE & CONSENT of Mayor Hopkins’ appointment of Daniel E. Marcinko as Fire Chief; referred out of Finance Committee January 27, 2025 (vote may be taken )

 

MOTION made by Councilwoman Haroian, SECONDED by Councilman Andujar to approve the Advice & Consent of Daniel Marcinko as Fire Chief.    VOTE: Ayes – 9   (unanimous)

 

D.  Report from the Chair, Councilwoman Graziano, on the PUBLIC WORKS COMMITTEE meeting held January 16, 2025:

 

RESOLUTION “Approving the transfer of land located at 4 Sharpe Drive to the City of Cranston in accordance with Section 2.08.080 of the City Code”; As Amended and recommended for approval by Committee 01/16/2025; Sponsored by Mayor Hopkins; (vote may be taken)

 

MOTION made by Councilwoman Haroian, SECONDED by Council VicePresident Wall to approve.

 

 *Councilman Traficante recused himself from the vote, being Chair of the AES Academy, and exited the room.*

 

Councilman Buonanno reiterated the point he brought up at the committee meeting. The money used to purchase the land will be reimbursed at a higher rate (approximately 74%) versus the normal 53% (approximate). This purchase will also make a positive impact on the community.

 

VOTE ON MOTION: Ayes – 8  (unanimous of those members voting)

 

E.  Report from the Chair, Councilman Andujar, on the ORDINANCE COMMITTEE meeting held January 16, 2025:  (nothing to report) (no vote)

 

 

IX.       PUBLIC COMMENT FOR UNDOCKETED ITEMS   (no votes)

 

Diana Gordon, 85 Briggs St., expressed concerns for her safety.  She indicated her neighbors at Knightsville Manor are torturing and harassing her.  She feels drug addicts should have their own housing, not mixed with the elderly.  She is seeking legislative changes.

 

Susan Blake, 173 Grand Ave.; Heidi Levigne, 22 Westhill Dr.; Patricia Schoeninger, 7 Scotland Rd.; Martha Dimeo, 69 Laconia Rd.; and Lauryn Pregoni, 72 Dean St. all expressed concerns with the gun range including the proximity to residential areas and schools, desensitization, negative impacts on mental health.  They are looking for updates on the relocation or enclosure of the gun range or relocating the firearms training to another facility.  Ms. Pregoni played an audio recording. Ms. Dimeo presented a packet of information.

 

MOTION made by Councilman Andujar, SECONDED by Councilman Traficante to accept the informational packet from Ms. Dimeo and place it into the record.

 

VOTE:  Ayes – 9  (unanimous)

 

Kathleen (and David) Nassa, 44 Cohasset Lane asked Council to re-evaluate the closure of Honeysuckle Drive for safety reasons, particularly access of emergency vehicles.

 

Robert Batty, 129 Hope Rd. agreed with Ms. Nassa.  He does not understand the closure of Honeysuckle Dr.  The problem has not been eliminated.  It has just been moved.

 

Lt. Anthony Sasso McHugh, Cranston Police Dept., provided data obtained through a traffic study conducted by the department in August of 2024, after numerous complaints and a neighborhood petition.  The police department supports the Council’s decision.  The concerns have been alleviated.

 

X.        ELECTION/APPOINTMENT OF CITY OFFICIALS

 

APPOINTMENT of Kenneth J. Filarski to the Zoning Board of Review as Member 1 (East of Reservoir Ave.), replacing Christopher E. Buonanno, for the unexpired five-year term ending 07/25/2027   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian to appoint Kenneth Filarski to the Zoning Board of Review.

 

Councilman Campopiano feels Mr. Filarski is well-qualified.  However, he is concerned Mr. Filarski’s suit against the city is a conflict of interest  He would prefer to postpone this item for further investigation; otherwise, he cannot support the appointment.

 

Councilman Ritz agreed with Councilman Campopiano.  He would like to table.

 

Council President Marino noted Mr. Filarski’s outstanding resume, including national accreditation.  The lawsuit is for breach of contract.  There is no conflict.  The merits of the suit are to be determined by the court.  It does not interfere in his role on the Zoning Board.  She will be in support of the appointment.

 

VOTE ON MOTION:  Ayes – 5 (Graziano, Haroian, Andujar, Wall, and Marino) / Nays – 4 (Campopiano, Buonanno, Ritz, and Traficante).  MOTION CARRIES.

 

APPOINTMENT of Justin McCarthy to the Zoning Board of Review as Alternate 4 for a term of 01/28/2025 through 01/28/2026   (vote may be taken)

 

MOTION made by Councilwoman Haroian, SECONDED by Council Vice President Wall, and unanimously approved to appoint Justin McCarthy to the Zoning Board of Review.

 

APPOINTMENT of Emilia Vaziri to the Juvenile Hearing Board as Alternate 3 for the vacant, unexpired, one-year term ending 12/01/2025   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante, and unanimously approved to appoint Emilia Vaziri to the Juvenile Hearing Board.

 

APPOINTMENT of Mary Greim-Gallo as member of the Arts Commission for a three year term of 01/27/2024 through 01/27/2027  (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian, and unanimously approved to appoint Mary Greim-Gallo to the

Arts Commission.

 

APPOINTMENT of Carol Cooney to the Tax Assessment Board of Review as Alternate 1 for the vacant, unexpired, three-year term ending 01/28/2026 (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian, and unanimously approved to appoint Carol Cooney to the Tax Assessment Board of Review.

 

APPOINTMENT of  Councilwoman Kristen E. Haroian as City Council Member to the Audit Committee for the term 01/06/2025 through 01/04/2027   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante, and unanimously approved to appoint Councilwoman Haroian to the Audit Committee.

 

APPOINTMENT of Councilman Michael E. Traficante as City Council Member to the School Building Committee for the term 01/06/2025 through 01/04/2027   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian, and unanimously approved to appoint Councilman Traficante to the School Building Committee.

 

APPOINTMENT of Councilman Andy M. Andujar toe the School Building Committee for the term 01/06/2025 through 01/04/2027   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilwoman Haroian, and unanimously approved to appoint Councilman Andujar to the School Building Committee.

 

APPOINTMENT of Jesse Dooley to the Board of Contract and Purchase by the Majority Leader, Councilwoman Haroian, for the term 01/06/2025 through 01/05/2026   No vote taken; Majority Leader Appointment

 

RE-APPOINTMENT of Abbey Tellier (fka Abbey Rondeau) to the Arts Commission for the term 04/26/2024 through 04/26/2027   (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante, and unanimously approved to re-appoint Abbey Tellier to the Arts Commission.

 

RE-APPOINTMENT of Ann Marie Maccarone to the Board of Contract and Purchase by the Council President, Jessica Marino, for the term 01/06/2025 through 01/05/2026   No Vote; Council President Appointment

 

RE-APPOINTMENT of Doris S. Blanchard to the Board of Contract & Purchase by the Majority Leader, Councilwoman Haroian, for the term 1/6/2025 through 1/5/2026    No Vote; Majority Leader Appointment

 

RE-APPOINTMENT of Anthony Mastantuono to the Board of Contract & Purchase by the Minority Leader, Councilman Campopiano, for the term 1/6/2025 to 1/5/2026   No Vote; Minority Leader Appointment

 

RE-APPOINTMENT of Brian Moretti to Board of Contracts & Purchasing; by the Minority Leader, Councilman Campopiano, for the term 1/6/2025 to 1/5/2026  No Vote; Minority Leader Appointment

 

 

XI.       REPORT OF CITY OFFICERS

None

 

XII.     EXECUTIVE COMMUNICATIONS

 

Legal Expense Analysis for the period of July 1, 2024 through January 16, 2025

(no vote) 

 

There were no questions or comments.

 

 

XIII.    COUNCIL PRESIDENT COMMUNICATIONS   (no votes)

None

 

XIV.    COUNCIL MEMBER COMMUNICATIONS  (no votes)

 

From Councilwoman Haroian:

 

·         Budlong Pool Update

 

Director Moretti provided an update.  Draining of the pool initially began the first week of January.  Demolition followed and will continue.  They discovered there are three layers of concrete.  This has presented a challenge for demolition.  The pool continually fills up with ground water, as anticipated by the aquatic engineer.  While they were questioned, this is proof.  The contractor is keeping pace with draining.  The timeline may need to be re-evaluated.  The HUD requirement process required additional time. That was not anticipated.  The pool will be open as soon as possible.

 

XV.     COUNCIL BUSINESS MATTERS CARRIED OVER

None

 

XVI.    INTRODUCTION OF NEW BUSINESS

 

PRESENTATION of the audited financial statements of the City of Cranston for the fiscal year ending June 30, 2024 as prepared by CliftonLarsonAllen LLP   (vote may be taken)   [Governance Communications]   [Financial Statements]

 

*The Council took a brief recess from 8:25 P.M. to 8:34 P.M. to allow Finance Director Zidelis to provide the video technician with the slide presentation for the screen*

 

The slide presentation was given by Mr. Stephen Gross, Audit Principal at CliftonLarsonAllen LLP.  Mr. Gross and Finance Director Zidelis answered questions from Council members following the presentation. 

 

CONSIDERATION and APPROVAL of Agreement between the Cranston City Council and Thomas Lima to provide certain media related services for the term of January 6, 2025 through December 31, 2026 ; for immediate consideration.   (vote may be taken)  

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Andujar to approve.

 

Councilman Ritz questioned why the contracts for Thomas Lima and Stephen Angell did not go to committee for approval before Council.

 

Council President Marino indicated this has been the prior practice, including under the previous Council President, Chris Paplauskas.  She doesn’t have an issue with it being heard by Finance.

 

Solicitor Millea believes the two contracts should be referred to committee, as proper course, though they do not need a public hearing.  He can’t speak to the prior contracts. He hasn’t seen them.  Every contract negotiated is referred out through Finance to the full Council.  Both contracts affect the city.

 

MOTION to approve withdrawn by Council Vice-President Wall, SECOND withdrawn by Councilman Andujar.

 

CONSIDERATION and APPROVAL of Agreement between the Cranston City Council and Angell Law, LLC and Stephen J. Angell, Esq. for Engagement as Council Attorney and Litigation Counsel for the City Council term beginning January 6, 2025 and ending January 4, 2027; for immediate consideration  (vote may be taken)

 

MOTION made by Councilman Buonanno, SECONDED by Councilman Traficante to take the City Council agreements with Thomas Lima and Stephen Angell as a block.     Ayes – 9  (unanimous)

 

MOTION made by Councilman Buonanno, SECONDED by Councilman Traficante to refer the block to the next Finance Committee Meeting.    Ayes – 9  (unanimous)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante to take the agenda out of order.     Ayes – 9  (unanimous)   

 

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:

 

01-25-01 ORDINANCE In Amendment of Chapter 17.84 of the Code of the City of Cranston, 2005, Entitled “Zoning” (Change of Zone – Terminus of Caraway Drive); Petitioner/Property owner:  Margaret Scaralia; to be referred to Ordinance Committee February 13, 2025   (vote may be taken)   [Application]

 

MOTION made by Councilman Andujar, SECONDED by Council Vice-President Wall to refer Ordinance 01-25-01 to the Ordinance Committee.  Ayes – 8 (Campopiano, Buonanno, Graziano, Haroian, Andujar, Traficante, Wall, Marino) / Nays – 1  (Ritz)

 

RESOLUTION for Approval of the PETITION for the ABANDONMENT of portion of Elmhurst Avenue; Petitioner: Bryan D. White; Sponsored by Councilman Campopiano; to be referred to Public Works Committee February 13, 2025   (vote may be taken)   [Application]

 

MOTION made by Councilman Buonanno, SECONDED by Councilman Traficante to refer the resolution to the Public Works Committee.     All Ayes

 

CLAIMS to be referred to the Claims Committee meeting of January 13, 2025 as follows:   (vote may be taken)

 

 

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante to refer the above claims to the Claims Committee.     All Ayes

 

CONSIDERATION, DISCUSSION and APPROVAL of City Council Rules; and RESOLUTION “Adoption of City Council Rules for the term 2025-2027”; Sponsored by Council President Marino; for immediate consideration.   (vote may be taken) 

 

Councilman Buonanno only had the opportunity to review this set of rules.  He asked if there are changes from the previous term. 

 

Council President Marino indicated the meeting end time, without a vote to extend in half-hour increments has been changed from 11:00pm to 10:30pm.  There are no other changes.

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante to approve the Resolution and City Council Rules.     Ayes  9  (unanimous)

 

REVIEW/DISCUSSION of City Councilors’ individual and collective fiduciary duties of loyalty and care owed to the municipal corporation of Cranston, Rhode Island (duty and breach, ethics requirements, penalties/damages for breach); led by Stephen Angell, Legal Counsel   (no vote)

 

REVIEW/DISCUSSION of the Rhode Island Ethics Commission and law (law generally, training, compliance requirements such as annual filings and recusals); led by Stephen Angell, Legal Counsel   (no vote)

 

REVIEW/DISCUSSION of the Open Meetings Act “OMA” and Access to Public Records Act “APRA” (laws generally, training, and compliance requirements); led by Stephen Angell, Legal Counsel   (no vote)

 

REVIEW/DISCUSSION of Committee Chairs’ conduct of committee meetings; led by Stephen Angell, Legal Counsel   (no vote)

 

Atty. Angell gave a brief presentation on the four topics.  He explained Council members’ fiduciary responsibilities to the municipal corporation, individually and as a body.  They owe legal duties to the municipal corporation.  Political duties are to the constituents.  He stressed that what goes on in Executive Session stays in Executive Session.  A breach could lead the city to disadvantage economically or legally.  Ethics is a philosophy, not law.  He explained conflict of interest relative to voting and the measures Council members could take to avoid an air of impropriety.  A Councilor recusing should state the reason and leave the room.  Recusal forms must be filed with the RI Ethics Commission.  Lynne Radiches from the Ethics Commission will give a presentation at a special Council Meeting on March 3.  He warned of the dangers of rolling quorums, especially with social media and email chains.  He warned against “reply all” and forwarding emails.  Council cannot build consensus outside of a meeting.  Public comment is not a requirement of the Open Meetings Act, but the City Council allows it for transparency.  There is no requirement for virtual participation in the Act either.  It is a good practice that was birthed during COVID.  The Council rules passed tonight are designed to provide the framework.  He is the designated parliamentarian.  He explained that an abstention is not a vote or a recusal.  He explained the two reasons to abstain.  Roberts Rules informs the Council Rules. One change made a couple of years ago is that resolutions are not eligible for immediate consideration except under limited circumstances.  He does not just represent Council as a whole.  He represents each member individually.  He provides straight answers, not political. 

 

Councilman Buonanno asked for clarification relative to social media and responding to emails from constituents. 

 

Atty. Angell answered this is an evolving area of opinions from the Attorney General’s Office.  Complaints go to their Open Government Unit.  The current Attorney General takes a very narrow view of the statute.  If there is a major violation/intent, their office could levy a fine or require reconsideration.       

 

Councilwoman Graziano operates in Massachusetts.  They are not required to leave the room if they recuse themselves.  She asked why it is different in Rhode Island. 

 

Atty. Angell explained cases have been decided by Ethics.  A Council member’s presence could make someone uncomfortable or feel pressured to vote a certain way. 

 

Councilwoman Graziano asked for case law.

 

Atty. Angell is giving his opinions based on best practice to stay out of harm’s way.  He added that a Council member can second or vote but should not make the motion regarding their own appointments.  There is no conflict of interest because the appointments are not paid positions.

 

 

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

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Traficante 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 collective bargaining:

 

Update on the Administration’s negotiations and contract details relative to:

 

Collective Bargaining Agreement for Teamsters Local 251, affiliated with the International Brotherhood of Teamsters Municipal Employees for the term beginning July 1, 2024   (votes may be taken*)

 

Collective Bargaining Agreement for the Rhode Island Laborers’ District Council on behalf of Local Union 1322, Providence, Rhode Island, of the Laborers’ International Union of North America, AFL-CIO for the term beginning July 1, 2024   (votes may be taken*)

 

The City Council convened in Executive Session at 9:54 P.M.

 

XVIII. RETURN OPEN SESSION   (vote may be taken)

 

The City Council reconvened in open session at 10:27 P.M.

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Andujar to return to open session.     Ayes -  9  (unanimous)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Campopiano to seal the minutes of executive session.  Ayes -  9  (unanimous)

 

XIX.    INFORMATIONAL ITEMS –  NO ACTION NEEDED

 

•         Resignation of Steven Piscopiello from the Board of Canvassers effective January 2, 2025  

•         2025 calendar of meetings for the City Planning Commission  

•         Blasting permit for A1 Drilling and Blasting effective December 31, 2024 through December 30, 2025  

 

There were no questions or comments

 

XX.     ADJOURNMENT (vote may be taken)

 

MOTION made by Council Vice-President Wall, SECONDED by Councilman Andujar to adjourn at 10:29 P.M.     All Ayes

 

 

Minutes approved as written February 24, 2025

 

Attest: ____________________________________

Tracy A. Nelson, City Clerk