I.          CALL TO ORDER

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

II.        ROLL CALL

The roll was called by the clerk.  Stated as Present:  Councilman Robert J. Ferri, Councilwoman Nicole Renzulli, Councilman John P. Donegan, Council Vice-President Lammis J. Vargas, and Council President Jessica M. Marino.  Councilwoman Aniece Germain arrived at 7:05 P.M.  Councilman Christopher G. Paplauskas arrived at 8:33 P.M.  Absent:  Councilman Richard D. Campopiano

Also Present:  Legal Counsel Stephen Angell, Council Auditor/Budget Analyst David DiMaio, Asst. Solicitor John Verdecchia, 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

V.        PUBLIC ACKNOWLEDGEMENTS AND COMMENDATIONS

Citations of Congratulations to the 12-year-old Cranston West Little League Softball, State Champions

The Council President continued this matter to the August Regular Council Meeting as the team is currently at their regional championships.  She wished them the best of luck.

Citations of Congratulations to the 14-year-old Babe Ruth League of Rhode Island, State Champions

Citations were presented to the team members and coaches by Council President Marino and Council Vice-President Vargas.

VI.       PUBLIC HEARINGS AND PUBLIC COMMENT

The following residents spoke in opposition to the Mayor's plan to replace the existing Budlong Pool with a smaller pool:

            Pam McEleney, 45 Pasture View Ln.

            Mary Curtin, 23 Davis Ave.

            Nathan Kirshenbaum, 15 Curtis St.

            Joanne Mortimer, 34 Mather Ave.

            Lou Petrucci, 121 East View Ave.

            Susan Blake, 173 Grand Ave.

            Joseph Levine, 16 Glenwood Ave.

            Giona Picheco, 16 Cavalry St.

            Karen Rosenberg, 46 Bow St.

            Danielle Hurowitz, 79 Blackamore Ave.

            Tom Wojcik, 11 Hall Place

            Brandon Potter, 62 Grove Ave.

            Tim Lehnert, 137 Blackamore Ave.

            Dan Wall, 27 Sagamore Rd.

            Denise Medeiros, 80 Waterman Ave.

            Alice Petrone, 24 Bretton Woods Dr.

            Laurie Scripsack, 76 Lakeland Rd.

            Amy Gonyea, 310 Aqueduct Rd.

            Sam Brusco, 11 Alhambra Cir. (via Zoom)

Barry Fontaine, 36 Redwood Drive, spoke of his credentials and expertise, and his history of involvement with the Budlong Pool.  While he appreciates the sentiments, he does not feel it is fiscally responsible to repair the existing pool.  We will be back here in five years.  The Mayor's plan gives the residents a pool that will remain open longer.

VII.     RESOLUTIONS

            None

VIII.    REPORTS OF COMMITTEES

A.  Report from the Chair, Councilman Donegan, on the FINANCE COMMITTEE meeting held July 3, 2023

IX.       PUBLIC COMMENT FOR UNDOCKETED ITEMS

            None

X.        ELECTION/APPOINTMENT OF CITY OFFICIALS

            None

XI.       REPORT OF CITY OFFICERS

            None

XII.     EXECUTIVE COMMUNICATIONS

XIII.    COUNCIL PRESIDENT COMMUNICATIONS

      1.  Fire Department Stations – status of necessary repairs and maintenance

Council President Marino reached out to the Administration three weeks in advance of the Public Works Meeting.  She followed up as recently today.  She believes some testing has been done.

A. Moretti has worked with Chief Warren since this info was brought to light.  There are a number of concerns from the firefighters.  Paint samples have been taken and analyzed for lead.  While he does not fully comprehend the data, he spoke to the RI Dept. of Health.  The samples are within a tolerance level for residential standards.  While it is not a residential facility, the firefighters do live there a lot.  Tomorrow morning, he and Chief Warren will be meeting with the man who will spearhead remediation.  They will take a methodical approach and determine what can be done internally and what will need to go outside.  The imminent concern is the paint.

Council President Marino appreciates the attention given.  She wants to be sure costs will not be an obstacle.  Mr. DiMaio has confirmed ARPA funds can be used.

A. Moretti confirmed this is a high priority.  Perhaps ARPA money will be needed.  If it's operating expenses, they can be taken from the budget.  There is a city buildings capital fund.  There are options.  They will assess the needs and address the funds.  Any potential health and safety issues will be addressed.  He suggested he report back at the August Public Works meeting.

Council Vice-President Vargas asked if an assessment will be done building by building; or if it will only be the ones brought to the Administration's attention.

A. Moretti answered it will not be every city building.  Anything apparent will be assessed.  The health and safety at the stations is a priority.  A drainpipe at Station 1 has been brought to their attention.  It is being addressed. 

      2.  Update on school building projects - construction and funding

Ed Collins, Director of Operations for the School Dept., provided an update.  He outlined

the original costs, the issues that have arisen, increased costs, and rates of reimbursement for each project included in the five-year plan.  In total, $160 million in renovations are costing the city $42 million.  They have done a good job managing the money and making sure they get maximum reimbursements.   

Council President Marino pointed out the School Dept. Superintendent and Finance Director are also present.  She appreciates the time taken to provide Council with a detailed update.  The return on investment is lost on many.  It is unprecedented to be receiving three quarters back on every dollar.  She asked the cost, reimbursement rate, and ultimate dollar amount for completion of Eden Park Phase III.

E. Collins reported it is two-thirds complete.  The estimate is $12-$14 million.  We are currently looking at 74% reimbursement.  Perhaps it is time to take a broader look at maximizing spending before the window closes; if we could somehow get RIDE, the Administration, and bond counsel all on the same page, and review construction costs and rolling bonds back over.  Eden Park needs to be finished.  There is still a lot of work left to do.  We should take advantage of the current reimbursement opportunity. 

Council President Marino asked the cost and reimbursement rate to finish the wing.

E. Collins replied another $3 million is needed and would qualify for the 74%.

Superintendent Jeannine Nota Masse thanked Mr. Collins for spearheading this plan since taking his position.  They have a comprehensive plan that includes input from parents, teachers, and children.  The conversations through the course of the year have been about maximizing the state reimbursement on the funds approved by nearly 80% of the voters in 2020.  Some of the buildings were not well built.  When you enter the Eden Park building and go to the right you are in the 21^st century; when you go to the left you are in 1954.  It is 2/3 done.  We need to do the remaining 1/3.  The school department is fiscally responsible and prudent with the money from the state, but it can't last forever.  She appreciates the opportunity to clarify their position and to provide facts, not speculation.

            There has been spirited debate about the $17 million pay-as-you-go money.  The voters approved $147 million with any grants coming off the top.  The legal discussion has revolved around the authorized amount.  Reimbursements come in over the course of twenty years.  The state provided $17 million to start work before reimbursements come in.  The legal discussion is whether the $17 million comes off the top, or it was an advance of the $147 million.  The school department does not believe it comes off the top.  The Administration believes it does.

            Due to Gladstone cost increases, they had to make sacrifices.  Everyone agrees Gladstone needs to happen.  The difficult decision was where to take the money from.  They had to prioritize.  Phase III was put on hold.  It is still their intention to make it happen.  They've culled money from remaining authorizations in bonds from the last decade to pay for Phase I of Eden Park.  They will look at the bonds coming off the books and cull any remaining available funds.  They are not all finance experts.  It requires everyone to be on the same page.  The 74% reimbursement was originally due to expire in 2024.  It has been extended to 2025.  After that, there are no guarantees.  Some other municipalities have viewed the pay-to-play money in a different light. 

Council Vice-President Vargas asked about the $344,000 in funds from RIDE.

Supt. Nota Masse explained that was a retroactive bonus for energy efficiency from Phase I of Eden Park.

Council Vice-President Vargas asked about warranties on school construction moving forward.  She referenced a comment from a staff member about unfinished work. 

Supt. Nota Masse clarified it was Cranston East High School's new gym foyer which was built in 1994.  The roof over the foyer leaked so they realized there was a problem.  Once they opened it up, they realized there was no flashing.   The roof and windows are now complete.  She confirmed this was part of the five-year project funds were utilized for.       

Council Vice-President Vargas asked when the five-year plan started.

Supt. Nota Masse answered it started with the Jacobs Report done in 2015 identifying deficiencies in every school in RI and providing recommendations for construction and improvements to keep every school warm, safe, and dry.  They've taken it to the next level, constructing schools that promote modern instruction and more contemporary construction.  They've stuck with the plan as much as possible, at least financially.  The plan was developed with the community back in 2018-19 to prepare for the 2020 ballot.

Council Vice-President Vargas believes Park View was part of the original plan put on hold.  We all hear the complaints of west versus east.  She's glad to hear about the ground-breaking at Gladstone.  She asked the status of Park View.

Supt. Nota Masse stated when the five-year plan was developed, they were intentional about making sure every part of the city was touched.  Every elementary, middle school, and high school was given some kind of consideration.  Park View was slated to have an elevator and sprinkler upgrades.  Every bond since 1985 has been approved by the voters, which is unprecedented and something the entire city should appreciate.  Back in the mid-2000's a bond was issued for science lab improvements at our three middle schools at the time:  Park View, Western Hills, and Bain.  With the crash in 2006-2008 the city did not feel it was prudent to release the bonds.  By the time the economy rebounded, the cost had tripled.  It was decided to use the money to improve Park View.  In 2015-16 they got new labs, new windows, and technology.  When looking at projects through 2025, Park View had experienced upgrades other middle schools had not.

Council Vice-President Vargas referred to a playground in the area of Chester Barrows  that is not part of the school.  She asked about the process.  Do we finish the projects and then do another assessment and five-year plan to focus on the other schools?  What should Council and School Committee members be telling constituents that reach out?

Supt. Nota Masse is aware that every school needs upgrades.  Edgewood Highland just got a new HVAC system through the RI Infrastructure Bank.  That school is now one of the few with an air handling system.  She and her team want to be sure everyone gets a bite at the apple.  People sometimes forget about upgrades done over the last ten years.  Under different directors and administrators Cranston was put on a watch list of schools that ignored facilities' needs.  In the past eight years she and Mr. Collins have worked hard to become exemplars for the state.  They chose companies they knew did quality work.  When they opened up Cranston East, there were pieces of drainage pipes missing.  That's probably why people bragged about coming in under budget.  In 2023 we are trying to fix problems that were kicked down the road.  She wants to build facilities that stand the test of time.  Could we build cheaper?  Sure, but without thought to how students learn and what they will face in college and the 21^st century work-world.

Council Vice President Vargas is hearing that the $17 million is needed to finish the 5-year plan.  She asked the Administration why there's hesitation.

A. Moretti remarked Mayor Hopkins supports every nickel the voters authorized in the 2020 bond.  They have received a legal opinion that the $17 million received from RIDE is considered a grant and therefore reduces the amount of funding that could be applied.   

Supt. Nota Masse noted there is no documentation from RIDE that deems it a grant.

A. Moretti reiterated.  The attorneys that are experts in this field are saying free money from the state is a grant.  It is not dependent on RIDE to determine what Cranston voters approved.  It is based on the way the bond question was written.  We cannot break the law.  The legal opinion was shared with the School Department.  He's not heard from the school's attorney to the contrary.

Supt. Nota Masse pointed out other municipalities have viewed it differently, such as Johnston and Newport.

A. Moretti believes that may be true.  They may have written their referenda differently.  It's not up to the Administration to research.  They have to depend on legal advice.

Councilwoman Renzullli asked if RIDE would give an opinion, if asked.

Supt. Nota Masse answered no.  They defer to the municipality. 

Councilman Donegan asked who the legal opinion came from; and if a written legal opinion was presented that could be distributed to Council members.

A. Moretti indicated it was David Ferrara, who has decades of experience in this area.  Again, it is based on how each municipality wrote their referenda.  It was not universal RIDE wording.  This was conveyed at a meeting between the city administration and the school administration.  It was a lengthy discussion, but nothing was reduced to writing.

Council Donegan asked if the Administration has sought other legal opinions.  It appears other communities have interpreted the language differently.  Perhaps another attorney could interpret it differently to make those funds available.  He would hate to see this project not completed.  It will cost the city more money if we don't take advantage now.

Supt. Nota Masse reported the school's attorney advised if this were challenged, the project and funding would stop while we were in court.  That would not benefit anyone.

Councilwoman Germain asked what the Administration intends to do.  The project needs to be completed.    

A. Moretti reiterated it is based on the ballot wording.  It was written uniquely to Cranston.  Other community's language may have flexibility. The legal opinion is that a cash advance that does not need to be paid back is considered a grant, and the bonds need to be reduced by the amount of any grants.  Given the constraints of the legal input, the Mayor's hands are tied.  He cannot issue more borrowing than the voters authorized.  The city could be sued.  One possible solution would be a special referendum or question on the 2024 ballot to approve additional funds.  They are open to ideas.

Councilwoman Germain asked if the Administration would support another bond.

A. Moretti answered if history repeats itself, yes.

Council President Marino commented on the notion of another bond.  She is concerned the reimbursement rate would expire by then and the $12-$14 million project would cost the city the full $12-$14 million instead of the $3+ million, given the current opportunity.

      3.  Status on hiring of Municipal Court Clerk

Council President Marino indicated the former clerk left.  The Administration is working to fill the vacant position.  Historically, it is a combination role, including an appointment by the City Council.  She is requesting an update.

A. Moretti reported the teamster position, subject to civil service rules, was posted internally.  Multiple applied.  Testing was done.  They are conducting due diligence on those that passed and vetting for final selection.  He anticipates a decision this week.

XIV.    COUNCIL MEMBER COMMUNICATIONS

XV.     COUNCIL BUSINESS MATTERS CARRIED OVER   (Votes may be taken)

             None

XVI.    INTRODUCTION OF NEW BUSINESS   (Votes may be taken)

MOTION made by Council Vice-President Vargas, SECOND by Councilman Paplauskas to take the New Business items as a block. 

Ayes - 7 (Ferri, Renzulli, Germain, Donegan, Paplauskas, Vargas, and Marino)

XVII.  ITEMS FOR INFORMATIONAL PURPOSES ONLY

              None