I.            PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

• RACHEL ZARRELLA - 2021 USA SKILLS COMPETITION RI GOLD MEDAL AWARD AND NATIONAL GOLD MEDAL AWARD WINNER IN EARLY CHILDHOOD EDUCATION

Councilwoman Marino presented Citation to Ms. Zarrella.

• COACH TOM CENTORE ON HIS RETIREMENT

Councilwoman Marino presented Citation to Coach Centore.

II.            PUBLIC HEARINGS & PUBLIC COMMENT

            None. 

III.            RESOLUTIONS

            None.

IV.            REPORT OF COMMITTEES

PUBLIC WORKS COMMITTEE OF JUNE 7, 2021

(Councilman Robert J. Ferri, Chair)

V.            PUBLIC COMMENT FOR UN-DOCKETED ITEMS

            None. 

VI.            ELECTION AND/OR APPOINTMENT OF CITY OFFICIALS

• APPOINTMENT OF EMERSON BRITO AS BILINGUAL ELECTION SPECIALIST

On motion by Councilman Ferri, seconded by Councilwoman Vargas, it was voted to appoint Emerson Brito as Bilingual Election Specialist.

            Solicitor addressed and spoke on the legalities of this issue.  He stated that last week, the Canvassing Board met and approved the nomination of Mr. Brito that is before the City Council right now.  Section 17.8.5A4 specifically deals with Clerks and Technical Support staff.  Mr. Brito’s appointment, while the Administration would clearly argue that it is not in the Canvassing Board’s authority, based on that, that Statute also raises some questions as a separation of powers issue.  This is the State of Rhode Island General Laws.  The Statute has not been addressed since 1987 and that Statute is infringing on the Home Rule Charter of the City of Cranston by giving the authority to the Canvassing Board by telling the Administration who they can hire and set the compensation.  The individual, whether it is Mr. Brito or anyone else, will be an employee of the City of Cranston, subject to the Administration of the City of Cranston, which the Mayor is the head of or departments based on our Charter.  The Canvassing Department is also a department by Charter in which the head of the Department serves the Administration.  The language that has been placed by the Canvassing Board in a request to hire Mr. Brito, the specific language in both the June and July meeting was placed as a Bilingual Specialist.  That does not fit 17.8.5.  He thinks we are going down a very dangerous path by having this City Council approve the appointment.  He turned the podium over to Assistant Solicitor Rawson to speak.

            Assistant Solicitor Rawson stated that, as the City, any department obviously appointments, are vital to the City, but we also have to be very careful about appointments.  This appointment, if approved this evening, is likely going to be subject to CBA, going to be a member of the Teamsters and it will be under the authority of the Administration.  This appointment is not without strings and there is certainly some gray areas, whether it is an appointment of the Administration or the Board of Canvassers.

            Solicitor stated that this could be subject to a grievance.  If that were the case, that could end up costing the City thousands and thousands of dollars.  He thinks it is important before this body jumps through that hoop that it gets the answers that are needed. 

            Councilman Donegan asked City Council Attorney for his opinion on the matter. 

            Attorney Angell stated that there are some things that he disagrees with.  The issue of separation of powers is of no matter in his opinion.  Under the Statute cited by the Solicitor, the Board of Canvassing is given the authority to appoint Clerks and Technical Assistants by the General Laws of the State of Rhode Island.  The issue of Mr. Brito being subject to CBA and becoming a member of the Teamsters, that issue was addressed in 2017 by the State Supreme Court.  It was a Johnston case and it specifically dealt with a Board of Canvassing Clerk who had been displaced from their position as a result of the position being eliminated in a Budget battle of some kind.  The Supreme Court was clear that 17-8-5 and State Labor Law are not in conflict with one another.

            Councilman Reilly stated that he does not think it is fair to put this for a vote before this body when we do not know what the legal ramifications are.  He would like to know how many interviews were conducted, what the criteria were in which to hire the person they ended up do decide to hire.  He will be voting no unless that kind of process could be shown to the City Council. 

            Councilman Ferri stated that it has been obvious since the beginning of this that the Administration is not in favor of hiring this person.  He has not seen any advertisements for any appointments the Administration has made.  The only concern was the legality of this appointment.  That is the only reason why we are here.  As far as he is concerned, Mr. Brito is qualified, is certified, he has the support of the Director and he has been supporting him from day one.  He is in favor of this appointment and feels that the City Council Attorney has given the City Council a good argument.

            Councilwoman Vargas stated that she would like the Mayor’s insight on this issue. 

            Mayor Hopkins appeared to speak and stated that he had a great meeting with Mr. Brito the other day as well as Director Lima and he can assure Councilman Ferri that he was in full support from day one of this gentleman to get this job.

            Randall Jackvony, Chair of the Board of Canvassers, 2219 Phenix Ave., appeared to speak and stated that we have been in discussion for over a year about this position and discussing it with the Administration for six months.

            Councilwoman Renzulli stated that there are two other employees in this department.  She asked how they were put in those positions.  Did they go through a hiring process or were they appointed?  Director Moretti stated that two Mayors approached him about this and Mayor Traficante appointed one individual that is currently there and Mayor O’Leary appointed the other person that is there.  Councilwoman Renzulli asked how the Council can get clarity on how this is supposed to be. Is it from Superior Court?  Attorney Angell stated that review of Board of Canvassers is done by the Board of Elections, that is the first step.  It is not done by Superior Court, it is done by the Board of Elections.  The Board of Canvassers has made a decision to appoint someone to a classified position subject to the State Statute and anyone who is aggrieved under that Statute by a decision of the Board, needs to go to the Board of Elections. 

            Solicitor stated that according to the Budget, both members of the Canvassing Office are classified positions.  It is his understanding that both of those position predated the Union and the Teamsters in the City.  The collective bargaining agreement provides that any position that is classified needs to be posted and tested for, which would subject us to a grievance.  There are some problems with this and he thinks we are going down the wrong path in rushing this.  If you look at the agenda of last week’s Canvassing meeting, in his opinion, the description of the job does not fit 17.8..5.  He thinks there is zero confusion about what the clerk is and what the Technical Specialist is or Technical Support.  Neither of which are listed in this job description. That is one of the big concerns with this issue.  The person who would be appointed would be classified and would be subject to potentially a grievance and potentially costing the City thousands of dollars. 

            Attorney Angell quoted Section 14.04 of the Code of Ordinances.

            Councilwoman Renzulli asked if the other two employees in the Canvassing Department are classified or unclassified.  Attorney Angell stated that by Ordinance, they have to be unclassified and according to State Case Law, they can also be in a Union subject to a collective bargaining agreement.  Councilwoman Renzulli asked if there is something filed in the Personnel Department with their names indicating whether they are classified or unclassified.  Director Strom stated that in looking at the Budget, the Budget states that they are classified and they are in the Teamsters Union.

            Director Parrillo stated that there seems to be a conflict of shat the Charter states and what the Budget states.

            Councilwoman Marino stated that we are all in agreement and even the Mayor this evening that we are in support of the person that is going into this position.  This is something that has been transparent.  The Board of Canvassers has had numerous meetings, public meetings on this issue through the Budget process where there have been discussions with respective positions and there is a need for this position that is going to serve the citizens in the City of Cranston and that is for the benefit of all.  She thinks that the law is in favor of this appointment and that it is a function of the City Council to do that and she would be in support of this appointment this evening. 

            Council President Paplauskas stated that he is in support of this this evening.  State Law is clear and this is what he is basing his vote on this evening.

Roll call was taken on above motion and motion passed on a vote of 6-1.  The following being recorded as voting “aye”:  Councilwoman Marino, Councilman Ferri, Councilwomen Renzulli, Vargas, Councilman Donegan and Council President Paplauskas -6.  The following being recorded as voting “nay”:  Councilman Reilly -1.

VII.            REPORT OF CITY OFFICERS

            None.

VIII.            EXECUTIVE COMMUNICATIONS

LEGAL EXPENSE ANALYSIS FOR 7/1/2020 – 6/30/2021

            Council President Paplauskas asked how up to date this report is.  Solicitor stated that it should be up to date on a weekly basis or every two weeks.

            Director Strom stated that it has always been the practice that the Clerk in the Law Department brings all the bills up to date prior to the City Council meeting.

UPDATE FROM ADMINISTRATION REGARDING RODENT ISSUE IN THE CITY

            Director Moretti stated that the Stadium area has spurred many more complaints City-Wide.  He stated that Griggs and Brown was hired two weeks ago to address the five homes in the Stadium area and they go out three times a week checking the bait.  Some of the neighbors are stating that it is getting better.  The Rodent Control Officer is out helping Griggs and Brown.  The person who was feeding wildlife was fined and then was found in contempt of Court and given until August 12^th and if she follows the rules by then, the case would be purged.

            Councilman Ferri asked how many calls, stops or visits the Rodent Control Officer makes in a day.  Director Moretti stated the, per Director Mason, approximately 6-7 residents per day.

REQUEST TO BE CONTINUED IN SERVICE FOR ONE YEAR CAPTAIN LAWRENCE E. CARON, JR., CRANSTON FIRE DEPARTMENT

             Director Moretti appeared to speak.

            On motion by Councilman Donegan, seconded by Councilman Ferri, it was voted to approve the above request.  Motion passed on a vote of 7-0.  The following being recorded as voting “aye”:   Councilwoman Marino, Councilman Ferri, Councilwomen Renzulli, Vargas, Councilmen Donegan, Reilly and Council President Paplauskas -7.

IX.            COUNCIL PRESIDENT COMMUNICATIONS

            Council President Paplauskas thanked Elaine in IT, Tom Lima for working the board at meetings and March Marchesi in Purchasing.  The three of them worked really hard to get us to where we are today where we are streaming on zoom and U-Tube at the same time and people at home can participate in meetings.

            Council President Paplauskas expressed sincere condolences on behalf of the City Council to the Nardolillo family in the passing of Robert Nardolillo of Nardolillo Funeral Home.

X.            COUNCIL MEMBER COMMUNICATIONS

COUNCILMAN DONEGAN:

• Plastic Bag Ordinance Enforcement

Councilman Donegan stated that the plastic bag Ordinance went into effect July 1st.  He questioned when the City will be starting enforcement of the Ordinance.  Director Moretti stated that in terms of enforcement, he will defer to the Solicitor.  He also stated that since mid-June, Steven Paiva has put on the City’s website front page the notices to the businesses about the non- reusable plastic bag Ordinance.  He also stated that Director Paulino has sent out to all businesses he has e-mail addresses for similar notification about the July 1st deadline and the Cranston Herald has placed notification in their front page.

            Councilman Donegan stated that for the public watching this meeting or present this evening, reusable plastic bags are not prohibited under this Ordinance.

COUNCILWOMAN VARGAS:

•  Broad Street Evacuation Matter

Councilwoman Vargas stated that she is not sure if this is a matter that has to go before Executive Session.  Solicitor stated that there is nothing pending so this could be discussed in Open Session.

            Director Moretti stated that there were 39 units affected.  They families were housed at the Hilton at their option.  The Mayor had arranged for preferred rates.  The first night of check-in, he recalls that there were 35 families checked in.  As of last Tuesday, there were 15 remaining.  He believes that all the people who were non-income qualified left with the help of St. Vincent DePaul.  Many people went with family and many people obtained their own housing.  Mayor Hopkins and people in the Administration were there every weeknight with the people trying to support them and trying to get volunteer resources.  The City has not invested any money into this.  Only legal responsibility of the City is to ensure that that facility is safe and secure. 

            Councilwoman Vargas stated that American Red Cross and CCAP need to be recognized and EMA and St. Vincent DePaul for all the help given to these people.  Food was donated by many organizations.

            Councilwoman Vargas asked that the following item be added to the next Public Works Committee agenda:  ‘update on the Park Ave. bridge’.

COUNCILWOMAN MARINO:

• Knight Farm Trail – thank you to the volunteers

Councilwoman Marino thanked the West Bay Land Trust for organizing an event for cleaning

up the trails.

• RIPTA Beach Bus

Councilwoman Marino stated that RIPTA has a beach bus that is designated at South County express beach bus that stops at Cranston City Hall on weekends and holidays and goes to Roger Wheeler State Beach, Scarborough and Salty Brine Beach.  The cost is $2 per person.  People can go to ripta.com\beach-services for more details.

XI.            COUNCIL BUSINESS MATTERS CARRIED OVER

            None.

XII.            INTRODUCTION OF NEW MATTERS BEFORE THE COUNCIL*

* These new matters are referred for public hearing to the appropriate sub-committee of the Council. They are listed here for referral and vote to a committee and for informational purposes.  

XIII.            MISCELLANEOUS BUSINESS ON CLERK’S DESK

            None.

·         ADJOURNMENT

The meeting adjourned at 8:25 P.M.

/s/ Rosalba Zanni

Assistant City Clerk/Clerk of Committee

(See Stenographic Notes of Linda Cordeiro, Stenotypist)