Obfuscation, not answers, as Cranston City Council asks city officials about 1890 Broad Street trench and safety issues

"Everyone seems to be throwing out the name Mr. Butler," said City Solicitor Christopher Millea. "I know he's a principal. I don't know if there are other members involved. I don't know anything..."

“I'm a tenant of 1890 Broad Street,” said Cranston resident Melissa Potter, addressing the Cranston City Council on Tuesday evening. “I'm here tonight because the conditions that we've been living under for the last two years have been atrocious. We've got little to no support from the city and it's disheartening. I've been a long-time Cranston resident. I graduated from Cranston East in 1996. To see the city that I love allow everything that's been going on at 1890 Broad Street is one of the worst things that could ever - I'm not a politician - but the conditions we've been living under are horrendous. There are no code violations, there are no current lead certificates at all for anybody within the building. Every day the property gets more and more treacherous for the tenants, so we want to know what's been done.

“Is the building structurally sound with everything that's been going on? Safety is a very huge concern. Seven-foot trenches appear outside our doors with no emails, nothing. Everything that's been going on on the property has been done with no warning for everybody who lives on the property. We just want to know when this is going to be done and what can be done to help us because this has been going on for two years now.

“I moved in with my late fiance. He's been gone for two years and this has been going on since three months after he passed away. It's time to get some answers from the city and I hope that everybody will help us and keep an eye on this. With the help of Reclaim RI, we formed a tenant union. All we've asked is for [our landlord], Jeff Butler, to come to the negotiating table. He still has not done so.

“We shouldn't have had to go to the extremes that we've gone to to get simple things like safe living. We pay our rent on time. We've been paying our rent throughout the entire course of this. It's not fair. We can't go outside, we can't do anything. We're prisoners in our own home. It's not right.”

[See: The Elmwood Tenant Union is demanding safe and affordable housing]

The issues around 1890 Broad Street, a former motel converted to apartments, have deteriorated since the building was condemned nearly three years ago. The complex of apartments is in disarray - residents would say dangerous disarray - as the new owner - landlord and Instagram star Jeff Butler - attempts to repair access to the second floor by digging a massive, impassable ditch outside the doors of first-floor residents.

The issue of 1890 Broad Street and the Cranston City Inspection Department’s oversight of the work site was placed on the Cranston City Council’s docket by councilmembers Frank Ferri (citywide) and Council Vice President Lammis Vargas (Ward 1). Video here. [The following has been edited for clarity, not brevity.]

Council President Jessica Marino: Next we have council member communications. We have first up, Councilman Ferri and Council Vice President Vargas, whoever would like to be heard.

Councilmember Robert Ferri: The residents wanted us to put this on the agenda tonight. We want to try and get some answers and updates about 1890 Broad Street. The first would be a code enforcement report. Please provide any updates and fines from January 1, 2021 to the present. The second was the building inspection reports from January 1, 2021, to the present. The third was current building permits from January 1, 2021, to the present. Those are the three bullet points.

The Council then viewed pictures of the site taken in March 2021. Councilmember Vargas explained some of the pictures, showing a crack in the wall through which you can see outside, and the large ditch, called the trench, outside the doors of some apartments.

City Solicitor Christopher Millea: I don't want to interrupt. So I spoke with Ms. Marchetti this afternoon, who is one of our housing inspectors. I spoke with [Director of Building Inspections David] Rodio. I can't speak to when those photographs were taken. I know it's a lovely political issue, but as far as legally, which is what I'm here to discuss, the...

Councilmember Lammis Vargas: City Solicitor, with all due respect, it is not a political issue. This is a safety concern. I just want to make sure we add that to the record. It's not a political,

Christopher Millea: And I'd be happy to address it because Inspections has been out there many times, councilwoman, many times. Phone calls almost daily from individuals who have not only testified today but are mentioned in the testimony. I don't know where the photographs are coming from. I haven't been there. I've been there a few times. I haven't been there as many as the inspections. I have an obligation, obviously, on behalf of the safety of the individuals. Okay? There [are] zero life safety issues going on at 1890 Broad Street. And I say that on behalf of the City of Cranston. Inspections has been out there numerous times. Okay?

There is one pending violation, which is part of the request of Councilman Ferry and Vice President Vargas that is pending on June 10th in municipal court. And that has to do with the exterior of the building. The facade is being redone on the building. To bring the members of the council who may not have been present here in 2021 [up to date], this building was previously owned by another company and there was an incident where someone had fallen through the second floor. The entire building had originally been deemed unsafe by the City of Cranston and the inspectors. [The property] has since transferred ownership and work began to begin to not only make the apartment livable but safe. As of me standing here now, the entire second floor of this building is not safe and no one is living there simply because there is no balcony or any way for someone to get up to the second-floor apartments.

There's not one person living on the second floor. Every resident right now is on the first floor. The tenants of the first floor have maintained that there have been several violations in their apartments. Those apartments have been inspected. There were violations noted in all the apartments, no doubt about it. They were not life safety concerns. There were protective treatment concerns, including a resealing of the tub, a window, a screen missing, and some caulking. There were different situations such as that.

Again, I want to reiterate to members of the council, that I am repeating what I am being told by inspections. I was not there. I don't go to these residences. Each violation was reinspected. There's been compliance on most of them, probably 95% of the apartments were found in compliance. And there are some apartments with a reinspection date coming up in June. As far as the outside photograph, the reason that there is a trench outside is because the balcony needs to be rebuilt to the second floor. It is being monitored, by the way, by an outside architectural firm, not hired by the city, hired by the individual company that owns the building. RGB architects, as I understand it. I am not in construction, nor am I an architect, but the trench needed to be dug so that the soil and the ground below could be tested properly to figure out the weight test. Also, the density of the cement needs to be formulated so that it can properly hold the weight of the iron or the steel that is going to create the balcony.

So what you saw in that photograph is the preparation for where each pillar will go. Those [trenches], apparently, at some point had filled up with rain. I know everybody in this room has had issues with rain over the last couple of months, including myself, and I've been vacuuming my basement, including this morning, after last night's rain.

So that is the issue as far as the trench. I know that as of today construction companies are working on this building outside. It was confirmed to me by Ms. Marchetti. I can confirm that there is a court date coming up to deal with one issue on June 10th. I can suggest that there was a pending matter in the district court raised by the tenants against Elmwood Realty. I'm not certain what the actual basis of the complaint is. I never saw the complaint, nor was I party to it.

But I've been provided documentation that that complaint against all three tenants had been dismissed on May 14th pending some sort of ruling by the judge in district court. Again, I was not there.

There's a question as far as permits, I would suggest that there are three permits currently in place by Elmwood Realty and they have all their permits to do all the work, whether or not it's a likable answer, whether or not people agree with me, but once you pull a permit, you have as much time as you need to complete the process. As long as the process is moving forward, from a legal perspective someone complies with their building permit. They have their permits and they're moving forward.

I want to be clear, there are two issues to this. There's the issue of the building itself, whether or not there are any safety issues. And then there are the individual apartments that fall under code enforcement by the city. What we're hearing is a problem between the tenants and the landlord, if there is one, which the city is not a party to. The city has been constantly in communication with not only the tenants but also the realty company. They've done several compliance checks, as I indicated. Further checks are coming forward and this matter is not over, but it is being dealt with appropriately by the inspectors, Mr. Rodio, and his department. That is what I have to offer to the members of the council. If anyone has any questions, I'd be happy to take them.

Lammis Vargas: Just a few points. I think the majority of us remember the terrible incident that took place back in 2021 under different ownership. At that point, I recall that a lot of us came together and made sure there was a place for the tenants to stay, and that there was dinner served for maybe a week or so... We tried to ensure that that the tenants had a place to lay their head at night as long as we possibly could with the collaboration of the Red Cross and so many other organizations across Rhode Island.

This is not political. It's more of 'What are we doing as a city? What obligations do we have as council members to ensure the safety of the tenants and anyone here in the city?' ... I don't think the property owner is here. I don't think there's any representation here for the owner of that property...

I don't know what rights we as a council, as a body, have to bring in anyone who's an actual landlord of a building, so I'm happy to listen and get educated on that.

The owner did reach out to me and pretty much said, "You've reached out to the administration, and you put this on the docket, but you haven't met with me and I want to meet with you." I don't mind meeting with the owner but before that, I wanted to make sure that we had this conversation in public. I'm not going to meet with the owner by myself. I'll make sure there's someone there. But I want to make sure that I know my rights as a councilperson, and all of our rights as a legislative body, in terms of what has been done.

When this issue was brought up on the docket, maybe in November of last year, there was a building permit that I was told had been there already, it was like a 2-year-old permit. I thought permits expire at some point, or there's a time to renew. And that's another part that I just want to make sure that there's clarity on whether building permits expired or not, or if they don't expire, does the property owner or any type of construction that's taken place there has to come before the clerks again or inspections department, whichever the department, they have to pull out that permit. And so the permits that you have there in front of you, when were those issued?

Christopher Millea: Well, two of the permits are somewhat moot at this point because they were involved with the demolition of the balcony, which has now been completed in full, I believe, in the front and the back of the building.

All I know is I was told by the building inspectors that they have the proper permit. Nothing is stopping you, Vice President, from contacting and speaking with Elmwood Realty or if you will, HPM Capital. If they are the same. I don't know. I've never searched for them. I don't know if one is the other doing business as I don't know. Everyone seems to be throwing out the name Mr. Butler. I know he's a principal. I don't know if there are other members involved. I don't know anything. And to be quite frank, and I don't mind placing it on the record, I haven't spoken with Mr. Butler, the reason being he's represented by counsel. I am limited as an attorney from speaking to someone who's represented by counsel.

Everything I know in dealing with them is dealing with Mr. Litwin, who represents Mr. Butler's company. Steven Litwin, he's the attorney. I've dealt with him and I've dealt with my departments within the city. I have not had any conversations with Mr. Butler. There's nothing prohibiting you from having one or any member of the council, whether it be individually or otherwise. I'm not here to stop that or to encourage it, but as a member of the bar, I cannot do that. I go through Mr. Litwin and the information I have, everything I have in front of me, by the way, is coming from our inspections department, not from Mr. Litwin.

Lammis Vargas: We have an Inspection department. At what point do we consider a place not safe? If this building, or any building for that matter, was to be under construction for five, 10 years - I mean, aren't we required, if there are two exits, that at least one be in the safest conditions to exit if the other one was to be blocked?

Christopher Millea: The housing code is created by the state of Rhode Island. It's enforced by our department

Lammis Vargas: Have we enforced it?

Christopher Millea: We are enforcing it. Ms. Marchetti and the entire department have been to 1890 Broad Street numerous times. They receive phone calls from the tenants. They go out there, they receive phone calls from Elmwood Realty. They address that. There's a big back and forth. The city's main concern is whether or not the safety of the public is being addressed, which is why I was present, as you were, as was Council President Marino when the building was deemed unsafe back in 2021. It was unsafe because of the balcony and people nearly falling through the balcony. That has been addressed because the balcony no longer exists. So the safety of the public is being addressed by our inspections department and I trust Ms. Marchetti or any other member of the department to issue an immediate citation should they find that the safety of the public is in danger. Immediate, it's not. There may be violations of a screen or other violations, which are not to say they're not violations nor are they not to say they shouldn't be cited, but it's not about the safety of the members of the building and members of the public.

Lammis Vargas: I'm not trying to be punitive, I'm not trying to be malicious. I'm not trying to say someone should be cited, but I want to make sure that folks living there are safe. I'm wondering what our responsibility is as a council or as a city in general.

Christopher Millea: Vice President, I get it. I get it. I understand. I understand that there are people in the audience who have major concerns. I get it. I'm not blowing that off. Inspections go out - that is not my job and I'm not passing the book. They go out there and they've seen that. They have not deemed that to be some sort of safety violation. It's been there. I don't know when that photo was taken, but the trench has been out there for a little while because it's part of the process of getting the balcony up for the second floor. It's been an ongoing issue. There are two doors to the apartment, so it's not like one door is blocked and I can't get out of the right. I'm not saying I wish that on anyone, nor do I hope it ever happens. Not even close. But that door, that picture that you just showed opens and there's another door, a front door and the back door.

My point is - if inspections went there and there's a concern, a life safety concern, it would immediately be noticed and maybe they would shut down the building as we did in 2021. I don't know. I don't want to speak for inspections. I get it. But that's what they're looking for. They're not looking, necessarily, for the small violations.

Lammis Vargas: Solicitor, thank you so much for your response and I hope, given the fact that you're an attorney and you're representing the city, that nothing happens to any of those tenants or anyone that is living under situations like that.

It's easy for so many folks watching this to ask, "Why are they there? Have them move." The point is that they're there and they're paying their rent. Affordable housing, first and foremost, is really hard to come by. I think, and I'm taking off my council hat, is that it's not a safe structure - but I'm not an architect, I'm not an attorney and I'm not the building inspector. I'm wondering at what point this property becomes uninhabitable. And that's just a few pictures taken in March or April. [Empahasis added]

Christopher Millea: Excuse me, Vice President. I will speak to inspections tomorrow. I'll ask them to go back out and re-look at the apartment based on your concerns. They're not frivolous. I will be happy to. It's not my job but I'm happy to send inspections back out with the permission of the director and have them do another inspection to deal with exactly what you just showed. But again, I want to say, that to show a picture from five months ago at a meeting in May is not fair to the inspections department that has been out there regularly. I don't find that to be a fair and accurate representation of what the property looks like today. [Emphasis added]

Jessica Marino: You mentioned that you're aware of some building permits and other permits that were issued relative to this property. You represented that one of them was from July of 2021 and under the name of a different owner than the current owner. I understand you don't know if that specific permit has expired or is transferable to the new owner

Christopher Millea: According to inspections, it hasn't expired. Work is still being done. Whether or not it's been transferred or whether or not that's the same owner - again, I don't know whether there's a legal entity that is Elmwood Realty doing business as Elmwood Realty. According to Mr. Rodio, the head of inspections, the permit that they possess is valid and current. That's what I've been told.

Jessica Marino: What's the nature, specifically, of the building permit that supposedly hasn't expired?

Christopher Millea: To construct doorway shelters and temporary shoring of second-floor egress balconies to provide temporary egress until repairs and reconstruction of rear balconies are completed. And it says under separate permits and design documents, which is currently going on now.

Jessica Marino: And I defer to you, you're the solicitor. Did I misunderstand that? It sounds like that dealt with the second floor. I heard balconies. I didn't hear anything relative to the first floor.

Christopher Millea: Nothing is going on on the first floor.

Jessica Marino: Okay...

Christopher Millea: Madam Present, to refresh your recollection, the reason that this property was originally deemed unsafe was the second-floor balcony. Someone nearly fell through it. It was the second-floor balcony that created a problem. It was required to be fully torn down, not only in the front of the building but in the rear of the building. That is the two permits to allow for the destruction of those two balconies. According to engineers and architects, new footings have to be designed and are currently being designed and being built as we speak - surrounding both sides of the building - front and back - to provide for a second-floor balcony which would support the weight of the iron, the people, staircases, whatever, to allow people entrance and egress into the second-floor apartments.

Those balconies are not yet completed because the footings are not yet completed. That's the photo that was shown. The trench, the water. People are complaining about the moat. That is what's being done to test the soil, to test the cement, the weight. Again, all things an engineer and an architect would understand. I don't fully understand it, but that's what's being done on both the front and the rear of the property. And then those balconies would have to be constructed and then attached to the building according to code.

Jessica Marino: Are there any other current building permits associated with that property other than the one that you mentioned?

Christopher Millea: Those are the ones that have been provided. Those are the ones they have. It's for the second-floor balcony on both sides

Jessica Marino: From July, 2021?

Christopher Millea: Correct.

Jessica Marino: Do we know how often Inspections is going out given that it's over three years?

Christopher Millea: Quite regularly, because they're receiving complaints about the individual apartments on the inside. So Inspections has been going regularly to 1890 Broad Street to not only inspect individual apartments but to look at what's going on on the outside. As of today, construction was going on in the quad area, I'll call it, to use college terms.

Robert Ferri: We could go on for hours with this tonight, so I'll be very short. We have a situation that's been going on for three years. People's lives are affected, and progress has been at a snail's pace. I think everyone would agree with that. There are rats like crazy in the place. It's disgusting to look at the building. It's right next to a school. All these things have existed for three years. I'm sure some things have happened in the last couple of weeks, but for three years they've had broken windows, they've had rats, they've had no access to some of their doors, broken windows, cracks in the walls. Those things have existed for three years. What these people want, I think, is to know that we are doing everything in our power to get them to the finish line so they can live without feeling threatened and being in danger.

That's what they want.

Sometimes you just got to kick somebody in the butt and say, “Let's get this done.” Not to say, “Well, we go there regularly” or “We do go.” I know we do that. Maybe we're short inspectors. I'm not blaming you or Anthony Moretti or anybody else. The bottom line is that these people want this to move along, so we have to do our job as a city. Forget about Republicans and Democrats - as a city, as a council, as an inspection department, as an administration - It's been three years!

Let's give these people some peace of mind and go there and say, “Let's get this done.” That's our job. And I say that with my heart, not my political affiliation. We need to move this along. We need to go there and tell this guy that a snail's pace is not good enough. These people want to live in an apartment, they want to feel safe, and they deserve that. They've been paying their rent, so somebody's got to get on his case and get him done with this. Let's do it as a group, all of us. We'll sign the paper tonight. I'm sure all nine of us will sign it and say, “Let's do this, please.”

Councilmember Nicole Renzulli: Solicitor, do you know when that building was deemed safe enough to move people back into the first floor? That trench was not there. That happened after people already moved in.

Christopher Millea: I think I understand your question and I'm going on my memory, not having been there recently, but I'm pretty positive that every apartment has a front door and a back door, whether it be on the first floor or the second floor, so no entrances or exits were created and/or blocked.

Nicole Renzulli: Nope, that was not my question... I'm wondering if you can find out if the trench was there when they were told they could move back in or did they moved in with no trench and then one day there was one.

Christopher Millea: I'd be happy to inquire about that with inspections. I don't have the answer.

Nicole Renzulli: Are there time limits on work permits?

Christopher Millea: From what I understand from inspections, as long as work is being done, the permit is considered valid... Don't forget, this all happened during Covid. There were supply chain problems. There were problems hiring the right engineer, finding the steel for the balcony, and the whole nine yards. This has all taken a while.

And by the way, and I say this, I have no dog in the fight whatsoever. Representing the city, I have no dog in the fight, but I would have to assume that the landlord wants this building fixed as soon as he possibly can because there are about, I don't know, 30 units upstairs that are no longer being rented. I have to assume that he when bought the building, he had a note on the building, he's paying a note every month and he's not collecting or realizing the potential of the income from that building. So it's in his best interest to finish it as quickly as possible. That's the only thing I can offer.

Nicole Renzulli: That makes total sense to me, but do we have any authority, if 10 years from now that trench is still there?

Christopher Millea: We don't. If there are legal options for the tenants that's up to the tenants. I mean, I give no legal advice as far as the city is concerned, as long as work is being done and the proper permits are pulled and there are no life-dangerous conditions, putting life in danger, it's not in the realm of the city. It's a private problem between, or concern between tenants and private ownership. We are doing everything as far as inspections are concerned, which isn't my department. I am not passing the buck, nor am I blaming anyone as far as Inspections is concerned. They are going out there regularly. They're addressing the concerns of the tenants. The code is created by the state of Rhode Island. They're there to enforce the code. If there's a violation, they're noting it. If there's compliance, they're noting it. If it needs to be brought before the municipal court, they're bringing it before the municipal court.

Councilmember Kristen Haroian: How many families are living in these apartments in these conditions right now?

Jessica Marino: Does the administration know?

Mayor’s Chief of Staff Anthony Moretti: No, the administration does not. Also, as empathetic as everyone can be, unfortunately ... they also have property rights and the city cannot overstep and can't overpressure or we'll be subject to a lawsuit from the property owner. What the city can do is enforce the laws. Sometimes we don't like the laws, but if that's what the tools in our toolbox are, that's what we have to do. In terms of the number of tenants and all, we don't have those statistics. I don't think it's overstepping. We can ask to voluntarily get that information, but at the same time, we don't want to overstep. You cannot overpressure and have undue influence on the situation because people on both sides have rights.

Jessica Marino: Clearly there are landlord-tenant issues and there's the process of the judicial system and resources there, but there's a duty upon the city in terms of inspections and that's why Councilman Ferri and Council Vice President Vargas brought up this issue this evening relative to the obligations that the city has for inspections and inhabitable and safe conditions.

City Councilmember Daniel Wall: I'm not going to add anything new to it, but it kind of sickens me. I saw the pictures. There are trenches all around that building. We can pull a permit to leave someone's residence like that in perpetuity and that's okay? I don't see it that way.

City Councilmember John Donegan: Over the years, and certainly with this situation, one frustration we often have is that it's difficult to get information from certain departments. The inspections department is particularly difficult. What would be helpful for us as a body to determine what's going on and for us to have the full context is to have a complete report of every visit the inspections department made - every violation, every follow-up. We need that in writing, every single one, from January 2021 to the present. If I have to put in a public records request, I'll do it. But as a member of the city council and within our purview under the charter, we have the power to enact and repeal, and amend ordinances for the public health, safety, welfare of residents. Having all of that information will best enable us to do that. I don't know if it's going to take a month to get that, but I would hope we can have that by the next council meeting.

Anthony Moretti: Chair, if you don't mind me asking Councilman Donegan - You mentioned you're looking for the records from January 1, 2021. So you're saying when Mayor Hopkins took office? You don't care about [reports made] under Mayor Fung and the prior administration only under the Hopkins administration?

John Donegan: I'll be entirely honest with you, my thought process is I'm looking in front of me and the request that's here is January 1st, 2021. I'm just mirroring what's on the document.

Anthony Moretti: You're welcome to whatever records you want, but it's just coincidental. It's under Mayor Hopkins, which is fine. We have nothing to hide. Happy to do it. But if you wanted anything previous before that, we'd be happy to provide it. Also,

John Donegan: When was the city incorporated?

Anthony Moretti: 1910.

John P. Donegan: Go back to 1910. I'll take 1910 on.

Anthony Moretti: It's coincidental.