All right, good evening.

And welcome to the September eighth claims committee meeting.

At this time, I'd like to call the meeting to order, and I ask the clerk to please call roll.

If there is anyone in chambers who would like to make public comment on agenda matters only, please step up to the podium, state your name and address for the record, and you'll have three minutes to speak.

Is there a second?

Any discussion?

Clerk, please take the roll.

Councilman Haroon.

Yes.

Yes.

Council present roll.

Yes.

Let the record reflect that there were motions made during the executive session.

At this time, I'm going to entertain a motion to seal the minutes of the executive session.

Any discussion.

Yes.

At this time, I'm going to entertain a motion to approve of the minutes of the August fourth regular meeting.

License committee to audit tonight.

Clerk, please take attendance.

Present.

Here.

Approval of the minute.

I'm looking for a motion to approve the minutes.

Clerk, may I please have a roll call vote?

Yes.

Yes.

Yes.

Is there anyone here from the public that would like to comment on docket items only?

You have three minutes.

Good evening.

My name is Heidi Smith.

I reside at Ninety Seven Garden Street in Cranston.

I am here in regards to the lunch box requesting to have late-night entertainment.

It says that the address is seven fifty-four Park Avenue, but it is really seven fifty-one Park Avenue.

So that is misleading about where the actual location is.

So where I reside, um where I reside in uh sorry.

So um it's already open until 1 a.m.

They already have a liquor license.

Uh as you can see on their Instagram pages, they are serving and they do karaoke.

There's no parking lot.

This is this is meant to be a small restaurant.

It's not meant to turn into a bar like venue, especially in this part of the neighborhood.

This is a neighborhood.

It's not like other areas of Park Avenue, such as um where they have park place or the Legion pub.

It doesn't have a parking lot, which forces the patrons to park on residential streets, including in front of my home.

Um I work on Saturdays and Sundays, so when those when those patrons are leaving, they do wake me up.

Um I'm worried about safety.

There's congestion, intoxicated pace uh patrons, potential for disturbances.

It also puts a burden on police and resources, and it's just not appropriate for this setting.

So I respectfully ask that you please do not pass this.

Thank you.

Thank you.

I make tonight.

Fire marshal for the city of Cranston.

Uh, just a couple of things on the docket tonight.

There's one of them, I believe it's uh 140 Comstock Parkway.

It's under automotive.

Um we haven't done their inspection yet.

It's kind of like a home base for them.

It's I think it's a it's not just a Rhode Island company.

So they're not there all the time.

They go there first thing in the morning.

So I think it's just a problem with them getting in touch with us so that we can inspect it, but they're on there.

We haven't done their inspection yet.

Um, and the other one is, and she's correct, the address is 751 Park Avenue with lunchbox.

Um, I just wouldn't feel comfortable passing that tonight.

They still have open building permit and electrical permit that we both the electrician in the city of Cranston, the fire alarm and fire prevention are not signed off on yet.

So I I wouldn't feel comfortable passing that until we get through there.

If you have any questions, I'll be here tonight.

Thank you.

Anyone else from the public here tonight that would like to speak?

Tom, anybody online?

There's no public comment online.

Okay, at this time I'm gonna close public comment.

We're gonna move on to public hearing.

A is Edward Liquors, 1990 Broad Street.

Is anyone here from Edgewood Liquors?

They are still missing a few items.

Um Clerk, do you know?

Their license now is a renewal.

When is their license good until the one they presently have?

The local license expired December 1st.

Okay.

I'm gonna ask for a motion to continue this.

So moved.

Second.

Any discussion?

Could I please have a vote?

Yes.

Yes.

Councilwoman Heroyan.

Yes.

Yes.

Next item is Viper Incorporated, doing business as Moran's liquor store, 1621 Elmwood Avenue.

Is anyone here from that business tonight?

They are still missing some items.

I'm gonna ask for a motion to continue.

So moved.

Any discussion?

Second.

No, I'm good.

Okay.

Clerk, could I please have a roll call vote?

Cosman Anduhar?

Yes.

Casper Ritz.

Yes.

Cosmetrafficante?

Consulwoman Ryan.

Yes.

Yes.

Next item, Class B V liquor license, a new one for Blue Allergy, LLC located at 160 Atwood Avenue.

Is anyone here tonight?

Is there anything you'd like to tell us tonight?

Uh good evening, council.

My name is Al Ghizzarelli.

G-I-Z-Z-A-R-E-L-L-I.

We are a coffee shop by day, seven days a week.

Um night time.

Currently, we have three locations already.

Uh, one in Smithfield, which has been open for almost four years.

Um, there we do the same thing, coffee seven days a week, three nights a week.

We do uh basically a martini bar, um little upscale.

Um looking to do the same thing here in Cranston, potentially a few more nights a week, depending on demand.

But um, you know, we love to be here and we think it'd be a great presence for us.

Thank you.

Thank you.

Um, because it is over the cap of liquor license.

I'm gonna ask for a motion tonight to approve it.

And if it does get approved, then it would go before the full council.

Okay, so motion to approve.

Second.

Any discussion?

Um, thank you for expanding your business.

Yes.

Do you think you'll stay open till one o'clock?

Um, in Smithfield, we do.

Um generally it kind of dies off around midnight.

But um normally we do stay open until one o'clock.

So it's more like a rolling thing.

So if 10 o'clock, nobody's there, you're shutting down.

But if the party's going at 12 30, you'll stay open till one.

Not generally, only because we have posted hours.

So we don't want people to show up at 11, 12 o'clock.

We're not open, and then they decide, hey, last time I went there, if we weren't open, you know, they weren't open, so then they decide not to show up again.

More or less what I should say is like at 12 o'clock.

If the place is dead, you'll shut down early, and you won't stay open till one o'clock.

Uh generally 12:30 is our uh cut off if it's dead.

But we you know, we do last call obviously at 12 30.

So please have a councilman graziano.

Sorry, I'm gonna abstain.

I missed that.

Councilman Andrew Har?

Yes.

Consumer Ritz?

Yes, Cosmo Traffic Anti?

Yes, Councilman Heroyan?

Yes, Consent Wall.

Yes.

Thank you, Council.

You welcome.

Next item, class B V liquor license renewal, Malinos, 889 Dyer Avenue.

Is anyone here from that establishment tonight?

Okay.

Um Clerk, when is their license good until December 1st?

Ask for a motion to continue this so they can get in all the appropriate paperwork.

So motion to continue.

Second.

Any discussion?

Could I please have a roll call vote?

Paswoman Graziano?

Yes.

Cosby Andrew Har?

Yes.

Passports?

Yes.

Pasmodraficante?

Yes.

Consulwoman Heroyan.

Yes.

House President Wall.

Yes.

Okay.

Next item is Class B V liquor license transfer.

And it's um they have sent in a letter, their attorney asking for continuation.

Is anyone here from that business?

I'm gonna ask for a motion to continue until the next meeting, November 6th.

So moved.

Second.

Any discussion?

October, sorry, October 6th.

All right, Clerk, may I have a roll call vote?

Consulman Graziano?

Yes.

Cosman Andrew House.

Yes, Casper Ritz.

Yes.

Passport Trafficante.

Councilwoman Heroyan?

Yes.

House President Wall.

Yes.

The next business is the same situation, same attorney representing them.

Um Cafe Lafredo to LLC, Cafe E Tree, located at 1686.

Uh they still don't have all of their paperwork in, and we received a letter today from their attorney asking to continue this until the next meeting.

I'm asking for a motion to continue this till uh 10 625.

Motion to continue till 10-625.

Any discussion?

Clerk may I have a roll call vote?

Consul McGraziano?

Yes.

Casman Andrew Hars.

Casper Ritz.

Casper Trafficante.

Yes.

Consulman Heroyan?

Yes.

Yes.

Under show cause, we have no business.

Committee matters carried over.

Uh additional hours.

Victorin, a new one for Cranston Coffee Incorporated, doing business as Duncan at 6:30 reservoir Av.

Um, is anyone here from that business tonight?

Would you state your name and your address and make sure the mic is on, please?

Claudio Amaral, 10 Keller Ricciway.

Yes.

Claudio, C-L-A-U-D-I-U.

M R O A M A R A L.

Do you have something to tell us?

No, it's just uh used to be a Duncan, and we are taking over to be a Duncan again.

It's missing your Rhode Island Department of Health inspection.

Do you have that scheduled?

We do, but because we start construction today, the health department will do the inspections probably next week as we get closer to opening.

Okay, so you're not open now.

No.

We started remodeling today.

Okay.

When do you hope to be open for?

Uh hope in three weeks.

Solicitor.

Could I ask to pass this subject to them?

Getting the Rhode Island Department of Health inspection?

Well, three weeks from now would be right around the time we have the next meeting, I believe.

I I would be more comfortable if we did it that way.

Okay that's fine.

Could I please have motion to continue this until the next meeting?

So moved if you need a copy of the health department application.

I have a with me.

Any discussion on this?

Clerk, may I please have a roll call?

Consulwoman Graziano.

Yes.

Consman Andrew Har?

Yes.

Cosmo Ritz?

Yes.

Cosmo Trafficante?

Councilwoman Heroyan?

Yes.

Council President Reno.

Thank you.

Yes.

Thank you.

So we'll continue that till our next meeting so you have can have time to get the Department of Health inspection.

What happens if I'm ready to open before that meeting?

You can reach out to the city clerk and they'll let us know.

Okay.

Thank you.

You're welcome.

Next item is auto repair under new licenses.

PZW LLC located at 265 Station Street.

Is there anyone here from that tonight?

Madam Chair, I it's indicating that it's uh the application's been withdrawn.

Next one, auto repair license renewal, BMC Petroleum on 905 Cranson Street.

They are still missing um some items.

We have continued this from 7 to 84.

And has the clerk heard from them at all?

We have not.

This is our third time solicitor.

Would you like me to continue it one more or to not die?

That's that's up to the committee.

I I think after three three strikes, you're out.

So it looks like it's been July, August, now it's September.

Obviously, it's it's within the discretion of the committee, but I would recommend that if someone can't be bothered to come in within 90 days, maybe give them one more chance after that.

You deny it, then they would have to just basically uh start fresh and go through the whole process again.

But that's that's not the committee's fault.

Okay.

Clerk, when is their license good too?

That they're asking for a renewal.

I have to check their application.

I believe they expired July 1st.

So they're operating without a license.

I have to double check.

Right.

Just madam chair, would you like a motion to continue?

One more month if I can.

Okay.

A motion to continue.

Second.

Any discussion?

Councilman Anderhour?

Madam Chair, that's in uh ward three, and I have several issues with them.

They park on the sidewalk, and um they they leave their lights on past hours.

So I would like I won't I would love to entertain a motion to deny so that way it could force them to come in and they could correct some community issues, but you know, we have a motion on the floor, madam chair.

Um, I I was not aware of that issue.

Uh, given the new knowledge of it that's been provided to me, I will withdraw my motion to continue.

I'll withdraw my second.

Councilman Anderho, would you like to make a motion to deny?

Motion to deny.

Second.

Any discussion.

Solicitor, could you send them out a letter and let them it has been denied?

And that we have called them in three times and no one heard from them and they didn't show.

Clerk, may I please have a roll call vote?

Councilman Graziano?

Yes.

Consident Andrew Har?

Yes.

Cosper Ritz.

Yes.

Consultraficante.

Yes.

Consulman Heroyan.

Yes.

Yes.

Next item is Glass America located at 140 Comstock Parkway.

Is anyone here?

Gonna ask for a motion to continue that.

Motion to continue.

Second.

Any discussion.

Clerk may parole call vote.

Yes.

Conspananduhar?

Yes.

Cosmo Ritz.

Consmer traffic anti?

Yes.

Consulwoman Heroyan?

Yes.

Consider President Wall.

Yes.

Okay.

Next is Class B VL Licker license.

We had approved them on 7725, and they were just coming in tonight for a review.

It's Oneyville, New York system located at 1012 Reservoir Ave.

I did reach out police major today.

They have not had a single call there.

I also called some of the neighbors that were concerned when we issued this license.

They have not had a problems of all.

And they think that New York system is being wonderful neighbors.

Is there someone here that would like to come up to the podium and speak?

Thank you, attorney.

Uh Matt Lyons, on behalf of OnlyVal Aka LLC.

I'm just here.

Happy to help.

No, I think you heard everything from our chair.

Thank you for opening.

Thank you for expanding, and we hope you continue successful business.

Thank you.

So I'm going to ask for a motion to just take this off.

We don't know need to review it or just let it go.

It can simply pass from the calendar.

No further action required.

Thank you, attorney.

Thank you.

Next items, victoring new license.

Runt LLC, Dyer Mop, located at 500 Dyer Avenue.

They are still missing two items.

They have been on my agenda twice.

Um is their license current to date to December 1st.

Yes, it is.

Motion to continue.

Second.

Any discussion.

Clerk, may I please have a roll call vote?

Consulwan McGraziano?

Yes.

Casmanduhar?

Yes.

Pas my rits.

Yes.

Casper Trafficante.

Yes.

Conswoman Heroyan?

Yes.

Yes.

All right.

New matters before the committee tonight.

Holiday sale license at Every Inc.

located at 71 Hillside Avenue.

Um, Hillside Road.

I'm sorry.

Is anyone here from there tonight?

No.

I'm gonna ask for a motion to approve.

Second.

Any discussion?

Clerk, may I have a roll call vote, please?

Consulma Graziano?

Yes.

Consuhar, yes.

Casper rits.

Yes.

Casper traffic ante.

Yes.

Councilwoman Heroyan.

Yes.

Consider President Wall.

Yes.

Next item is indoor entertainment license for the Lunchbox Cafe LLC at 754 Park Avenue.

They are asking for an entertainment license from 9p 9 p.m.

to 1.

As we heard from a constituent that lives within close.

She was opposed, and so wasn't the fire department.

Is anyone here from Lunchbox Cafe?

If you could come up to the podium, state your name and your address, please.

You still have quite a few items outstanding on this.

You need to name anything.

Julio Alcantara.

A L C A N T A R A.

Applicant was Sandy Tavares.

Okay.

Um I'm gonna what kind of entertainment are you asking for till 1 a.m.

It wants to do only karaoke.

Only karaoke.

The house is nearby.

You are very close.

The music is no listening outside.

It's very only the closed base.

Okay.

Um, I'm gonna ask for a motion to continue this, but I'm gonna tell you I am the councilwoman for that area, and I regularly receive complaints from people parking the wrong way in the street, cars parked every which way.

Um, emergencies of vehicles can't get down, people hearing music now at their house.

Um I'll ask for continuation until you get the fire, police and traffic.

But at this point, I can't see with houses being that close.

I mean, there's a house as close as you're standing to me, and to have entertainment after 10 o'clock at night isn't fair to your neighbors.

I think we have to be good neighbors first, but I will ask for a continuation and we'll see if more neighbors come or don't come to the next meeting.

The fire department I had spoken to, they had been trying to get in touch with you also for a fire inspection, and as of today, they had no response.

And as of today, they had no response.

We cannot approve anything without a fire inspection.

Okay.

We'll do that one for that.

And how madam chair, I just want to I think uh I would recommend for the client to come back with um an attorney to represent them and also come in with a plan.

I think if we see a security plan, parking plan, and they clear all their violations, then we can entertain um a possible motion to approve or motion to deny.

But I think we need to they need to come in with a plan and representation.

Okay, um right.

I'm just gonna ask for a motion to continue continue.

Councilman Andahoway did have some very good you know suggestions for you that might help you, but I want to think of the whole neighborhood, it's a very residential area.

Could I have a motion to continue?

Motion to continue.

Second.

Any discussion?

Clerk, may I have a roll call vote, please?

Councilwoman Graziano, yes, Consman Andrew Har?

Yes.

Cosmo Ritz?

Yes.

Councilwoman Heroyan.

Yes.

Yes.

The fire marshal is sitting in the back row.

If you'd like to stop and talk to him and set up your fire inspection.

Thank you.

You're welcome.

Good luck.

Okay, Victorian license.

Alexa uh pizza's already been continued through Ology, as we already spoke to the owner, and he has left.

Um, I would like to have a motion to approve that subject to the Rhode Island Department of Health Inspection.

He has set that up already.

So moved.

Any discussion?

Clark, may I please have a roll call vote?

Consulwoman Graziano?

Yes.

Consultan Andrew Har.

Yes.

Casper Ritz.

Yes.

Conspatraf Cante.

Consulwoman Heroyan.

Yes.

Yes.

Cafe Rose LLC, Cafe E Tree.

Um, I'm asking for a motion to continue it until 10 625.

I do have the letter from the attorney asking for that.

So moved.

Any discussion.

Clark may have a roll call vote.

Consulwoman Graziano.

Yes.

Casman Andrew Hars.

Yes.

Casper Ritz.

Cosmo Traffic Canti.

Consulwoman Heroyan.

Yes.

President Wall.

Yeah.

Yes.

Caft Co-op doing business as caffeinated, located at 490 Atwood Avenue.

Um, is anyone here from that establishment?

You can come right up to the podium, state your name and your address, please.

It states we're still missing the Department of Health inspection.

Yes.

My name is Carrie Ann Frazier.

I live at six old tavern lane in Greenville.

Um, I just spoke to the people from the Rhode Island Department of Health, and my health certificate was at the bottom of the pile.

So they are coming this week to do my inspection.

130p, 12p.

I'm gonna ask for a motion to approve this subject to the department of health inspection solicitor.

Second.

Any discussion?

Clerk, may I have a roll call vote?

Consulwoman Graziano?

Yes.

House Manjuhaar.

Yes.

Casper Ritz.

Yes.

Consultrafficante.

Conswoman Heroyan.

Yes.

House President Wall.

Yes.

Is there anything that I'll need to do once I get that this week?

She's supposed to be coming.

I believe Clerk is correct.

She uploads it to the business portal.

And then once it's uploaded, you can come into the clerk's office and they'll give it to you.

Perfect.

Thank you very much.

Good luck.

Okay.

Mint and Mackey LLC located at 2168 Broad Street.

Somebody is here.

Yes.

Good evening.

Mark Brubin on behalf of Minton Market.

Please just state your address also.

1441 Park Avenue, Cranston.

Say I'm missing their Rhode Island Department of Health license.

Yes.

That is scheduled for Friday, I believe.

I'm going to ask for a motion to approve this subject to us receiving the Rhode Island Department of Health license.

Motion to approve subject to receiving the Rhode Island Department of Health license.

Any discussion?

May I please have a roll call vote?

Councilwoman Graziano.

Yes.

Cosman Andrew Harris.

Yes.

Conspect Canti.

Councilwoman Heroyan.

Yes.

Yes.

You're all set.

Thank you.

Thank you.

Okay.

Mobile food establishments, new one.

This is informational only.

Mr.

Doughboys.

Um license renewals before the committee.

If everyone could just take a quick look at that.

He said Dr.

Dobois here.

He studied a long time to get that.

Yeah.

If nobody has a problem with it, I'm gonna ask to take a as a block tonight.

Second.

I have an issue with I.

Okay.

Hold on, please.

Hold I, please.

Would you like me to restate the motion?

Yes, please, Mr.

President.

All right.

Is it motion to take A through O as a block with the exception of letter I?

Is that correct?

So moved.

Second.

Second.

Okay.

The discussion, Councilman Indeha just gave us.

So could I please have a vote to take this as the block?

Councilman Graziana.

Yes.

Considering Andrew Hara.

Yes.

Casper Ritz?

Yes.

Casper Trafficanti.

Yes.

Councilwoman Heroyan.

Yes.

President Wall.

Yes.

Could I please have a motion to approve license renewals before the committee?

A with the removal of I.

Second.

Any discussion.

Clerk, may I please have a vote?

Councilman Graziano?

Yes.

Councilman Andrew Hara?

Yes.

Casman Ritz?

Yes.

Councilman Horoyan.

Yes.

Yes.

On to item number I.

Indoor entertainment license.

Phoenix restaurant and lounge located at 961 Dyer Avenue.

Um hours of operation, 9 a.m.

to 1 a.m.

Is anyone here?

Is there anyone here from that business tonight?

Madam Chair, I would respectfully ask for you to continue this.

I just wanted to see what type of entertainment they're having there.

There are a few building complexes nearby.

So I just want to, for the safety of the community and the peace of the community, I would like to continue this.

Okay.

I'd like them to continue this.

So moved.

Through the chair.

Yes.

Requesting that the applicant appears because on renewals they don't typically appear.

I think Councilman Anderhouse liked them to appear.

I think he has some questions.

Renewals are a bit different.

They're treated differently than new license.

According to the Rhode Island Supreme Court, there's a presumption that a renewal should be granted unless there is good cause not to renew it.

So a renewal really should not be treated as a new license.

If there's a concern, that's one thing.

So renewals, you have to bear in mind there is a presumption in favor of renewals, unless there is good cause not to renew.

So I just throw that caveat out there.

That's why I wanted to check with the clerk.

When the license will lapse.

So if it's December 1st, it's not a problem.

But I again I this is for the edification of the committee.

I I caution you that with renewals, uh, you can ask someone to come in if they don't come in.

I I don't think that's going to be a ground not to renew.

I'm just saying you have to have a what the Supreme Court calls good reason not to renew.

Have you had any complaints or issues with this business?

I think what I'll do is I'll um if if we could just um I'll withdraw my motion to continue, we'll pass it, and then I'll visit the site.

We'll pass it, and then I'll visit the site.

And if if there's any show cause or any problems, we'll bring them in.

So that's probably the the better way to go if you have legitimate concerns.

I'm just saying, unless I I'm if you've got information, certainly bring it forward, but we can't treat everyone who has a renewal as if they were a new applicant.

That's the only thing I wanted to throw out there.

So I would make a motion to withdraw my um continuance for letter I.

You can just withdraw it.

I think we need a motion.

That's what I was gonna say.

I was gonna suggest that we renew it, and then if there's issues, so cause it.

Yeah, so I think that's I think it's a great plan.

Thank you.

All right, so motion to approve.

So moved second.

Any discussion?

Clerk, may I please have a roll call vote to approve this entertainment license?

Consulma Graziano.

Yes.

Cosmic Andrew Hars?

Yes.

Yes.

Yes.

Yes.

One indoor entertainment license.

Number two, the forced mug, doing business as pub.

594 reservoir av.

Um, is anyone here from that business?

No.

All right.

I'm gonna ask for a motion to approve.

Motion to approve.

Second.

Any discussion?

Clerk, please take a roll call vote.

Councilman Graziano?

Yes.

Council Trafficanti.

Yes.

Councilman Heroyan?

Yes.

Next on the gender we're gonna do istewaller license, Lawrence Waste located at 49 Adlett Street, Medway.

Actually, I think you covered that one, uh, Madam Chair.

Yeah, yeah.

I believe you you said M through O.

Yes, correct.

All right, X1 Mobile Food Assistance Informational only, Dr.

Doughboy and Rosie's food service, just informational monthly schedules.

Anyone got a chance to look at them?

Communications purposes only.

Do any council members have anything to communicate?

Nope.

Councilman Ritz.

Um, are you asking for an update?

Madam Chair, I believe we probably should take a motion to enter those monthly schedules into the record.

Okay.

Can I make a motion to enter letter X, the monthly schedules into the record?

So moved.

I mean, second, you'd be second.

Second.

Any discussion?

Clerk, may I have a vote?

Councilman Graziano?

Yes.

Yes.

Yes.

Councilman Trafficante?

Yes.

Councilman Heroyan.

Yes.

Yes.

Okay.

And the communications, we have Councilman Ritz, update on law and petitions.

Um is anyone here from them?

No.

Are you giving us an update?

I think uh solicitive that I give them up.

Do you have updates?

I I do have some information uh for the committee and for for councilman uh Ritz.

So I'll I'll I'll address them in uh the order they're presented.

Um the first uh bullet point is is a question, and this phrase is what are they allowed to do?

Um maybe I can answer it this way by just giving you some brief, you know, historical background.

I did meet with uh acting uh director of um code enforcement, Stan Peichel.

My understanding is that uh Mr.

Rodeo retired just a uh a couple of weeks ago, so Mr.

Peichel is the acting um director of that department.

In any event, um I think I I indicated this before that um law beauticians, this area of Natick Avenue is a residential A8 zone.

Um, but as far as this business is concerned, based on his research, he said that this business has been in operation prior to Cranston even adopting a zoning uh ordinance in 1966.

He traced it as far back as 1959.

Um I can't verify or dispel that without obviously the uh the owner is not here, so I have to accept uh director Peichel at his word.

I think he would know.

Um agricultural operations are allowed in a residential uh zone by state license, and he does hold a state nurseryman's license, according to Mr.

Peichel.

Now I don't know that that would even matter given the fact that he's been operating there for an excess of 65, 66 years.

So he is clearly uh the colloquial term is uh grandfathered in, which is again the colloquial term for um prior nonconforming use.

But there are limitations even on a prior nonconforming use, the biggest one being that you cannot expand a prior non nonconforming use if you do um that is not allowed, and that would be illegal and void under the under the zoning uh scheme.

But having said that, um what is allowed there is basically the operation of a nursery.

That might be a little bit difficult to define.

What does that mean?

Well, I I think the concern is regarding the mulch and the mulch piles.

According to uh the director, at least in his opinion, that mulching is considered uh an agricultural use, it's an adjunct to um covered, I should say, under the Right to Farm Act, which is a whole other um source of uh permission for for them to operate where they are.

Now the the question, it really becomes fact intensive because if the mulching is ancillary to the nursery business, it's fine, it's allowable.

Where the difficulty comes in is trying to determine if that mulch is being used for something else.

And what I mean by that, um according to they did do some site visits there, and it does appear that there could be there could be a business that's operating out of that area.

I'm sorry on the same parcel.

There are some photographs I have here, and uh when I'm finished, I can I can pass them around to the committee.

But there is a couple of trucks, and they indicate that they are uh belong to a business called Brightview Landscape Services.

There's a phone number there, and there's also a website, brightview.com.

Now, I don't have absolute proof of this, but you know, where there's smoke, there's fire.

It it seems to me that um the owner here of the nursery may be leasing this some space uh to this business entity.

That would be a violation of the zoning um provisions because that would constitute number one, it would constitute expansion of the non-conforming use.

That's number one.

Number two, it would constitute operating a business in a residential section, which is also forbidden.

So Mr.

Peichel has informed me that they have been cited in municipal court, they're being brought into municipal court for operating a business in a residential zone.

So I think for the time being, that's that's the way to start, at least.

Um again, I was hoping that the that the owner would would have shown up tonight, but he will have to at some point, he'll have to appear in municipal court, and perhaps uh more information can be obtained at that time.

Now there's a question here about whether farming covers manufacturers of materials, including reground asphalt.

The answer to that is no.

So rather than um pour concrete or or use some other material to surface the road or the area there, they they elected to use ground asphalt, and that's appears here in this photograph.

So I don't think it's a situation where they are um they're taking material off site, bringing it on site, processing it, and sending it out.

Uh I think we had that um uh situation uh a few years ago with a different business, but I don't I don't believe that's a situation here.

I could be wrong, but the only way to know for sure would be to have surveillance there basically on a daily basis.

So it appears that the asphalt is for their use, for their business use, not to uh operate or or or promote some type of recycling uh business there.

So I think that explains that.

And as far as the um whether or not there's an ordinance that restricts the size of of material piles, uh, according to Mr.

Peichel, there isn't, and there's really no setback requirement either.

Um I believe he said he says here that there were no required setbacks from property lines for materials, only accessory structures.

So I believe that the answer to that final bullet point uh would be no.

So he the final notation he makes here is that, and I think I just said this is citations are going to be sent for operating a business in a residential zone and for expansion of a non-conforming use.

So there will be action taken in the municipal court.

Um that's what I've got.

Do you know when they were cited?

Have they received them yet?

He says I don't know that they actually they have been inspected.

They um he did not indicate it says here to be sent.

So I don't have a time frame, but I expect it to be shortly.

I I can't give you a date, but appears that it'll be shortly.

And clerk, could I ask when the letter was sent out to the business owner to attend tonight that he's not here?

That was probably sent, I think, last Tuesday or Wednesday.

September 3rd Wednesday, right?

Technically, I don't know.

All right.

Um, Councilman Bodano, you had something to say?

Yeah, yes, thank you.

First of all, um, thank you, Attorney Badecke.

That was very thorough and uh gave us a lot of information.

Um my question is what can we as a city council do to ensure that these this particular business isn't breaking any city ordinances?

Obviously, we've sent something to municipal court and that'll be handled.

Do is there a license that we can show cause for these folks?

Um is there something else that we can do?

Because we've been talking about this for a while.

And when to me, and I'm sure all seven of my colleagues here now feel the same way.

When we talk about something for a while and nothing seems to happen, we get frustrated.

So what can we do to curtail whatever issues there are and make sure that we move forward in a positive direction?

Well, I think this I think this is a big step forward.

Um, because now that inspections is on this and we have photographs is is for the proof of what's going on down there.

Once they get to municipal court, everything changes because now they're under the uh the watch, so to speak of the city's judiciary system.

It means they're going to be constant inspections, because I'm sure that the court is going to number one demand that this situation be alleviated immediately, okay, as far as operating the business, so on and so forth.

And the court is not going to be satisfied without evidence that that's been done.

And I believe it's attorney Marcella that handles or solicitor Marcella that handles the prosecutions, if you would of these types of violations.

I mean, I I will keep track of it and follow up myself.

But now that it's in the court system, I think what you're gonna find is that there's going to be sort of a microscope on on this business going forward, at least for the foreseeable future.

Beyond that, it's like anything else.

Um it's just keeping watch.

I mean, it's I I know we're stretched thin.

I mean, we have an inspections department.

Um, Mr.

Rodeo just retired.

Um, they've only got a certain number of inspectors, but certain things can be given priority.

The best way is to simply be vigilant and to, you know, maybe do I don't know, monthly inspections or something like that.

That's really the only way you can, whether it's law beauticians or any business to make sure that they're in compliance with with zoning provisions and so on and so forth.

The only way to do it is the way they did it here.

They took photographs, they made reports, they wrote citations.

Beyond that, unless you're going to install a camera 24-7 and you know, observe what they're doing.

There's there's really no other way.

Right.

So it sounds to me like you know, the ball has begun to roll.

Oh, absolutely.

First, the first pitch is made, and now we've played the game.

Yeah, this um I I think that this um business running this business out of here is going to be a uh a major issue for them.

Um, I don't I don't know.

I mean, it's not even the same name.

I mean, obviously, this does not say lawn beauticians, it says Bright View with a website.

So clearly they are, I'm assuming they're leasing space and letting this other entity operate out of their site, which is a violation on multiple levels.

So thank you.

Councilman Ritz, would you like this to continue on the agenda for next month also?

Yes, I was gonna ask if we could do that continue to next month and see if we could get them in there and uh solicit effective.

Thank you.

And Clerk, could we get a letter sent to Mr.

Morrow to come again?

May I make a suggestion?

I don't mean to cut Bridget off.

Oh, let you go first.

No.

Okay.

Um thank you for everything that you've said.

Um, and I would I would love to get a copy of that report.

Um I I kind of do this on a regular basis.

So one of my things is I don't think we need to set up a camera.

I mean, I just pulled up, I mean, this is not difficult.

You can use ArcGIS, near map, um, historical maps, Google Earth, and that asphalt pile has been sitting there since I just pulled all the way back to 20, I like quick to 2021 to 2025, it's there.

Not only has it been in that position um for let's say four years, um, they've expanded in and on to other parcels.

Whether that is okay or not is not up to me.

I just want to be clear that they own a number of parcels, they've expanded their operation.

Um, I don't know if that affects the decision, but I think um like running through a list of what is allowed under the buy right and what would potentially be grandfathered in um would be like a really good exercise.

Uh, because it's not clear to me that it's just super cut and dry.

Um, these are not cut and dry operations.

Um I stopped a I we have buy right um farming, and you can't just um generate mulch on properties and not that's not necessarily related to agriculture.

So I I'd love to dive in it to it deeper and just understand it more.

Um, because I think there's a little bit more going on here than we're really seeing.

So I would appreciate definite updates.

I'd like to see the report.

Um, and I'll do my own investigation on the buy right according to Rhode Island General Laws.

Um, and just noting that aerial photography can be your best friend.

What I could do is um the these are color photos.

I mean, I could I could pass these around the committee, can look at these.

I I just I would like to have them back and until we can get color.

I just need an email.

Okay.

Thank you.

Well, uh, just in case if you want to take a look now, um, this is just a brief bullet point of what uh Mr.

Peikle gave to me.

I I don't have a problem.

Uh the clerk can make copies for uh the committee.

I just want to retain this stuff because I'm gonna start start a separate file on this and keep it with me, and then I can uh coordinate with whether it's solicitor Marcello or whoever else it is, you know, just to stay on top of this going forward.

Uh you know, everything you say may be true, but there's a starting point for everything.

This is the starting point.

It it may turn out that those mulch piles are being used by this other business, which is a problem.

And and my instinct, my gut instinct tells me that's probably the case, but it's like everything else.

You you've got to prove it, you know.

So we we have to prove it.

So it's got to go through this, it's got to go through the process, but this is just the beginning.

But um, I'll give this give this to the clerk, and for convenience, she can make uh copies and then I'll get it back.

If you I don't know if this is possible, I'm gonna piggyback a councilman Bonanno, but like could you is it possible that a zoning enforcement officer can say, like, hey, you're saying you're using your asphalt pile for X.

Okay, you have till X date to get rid of it for that particular use.

And if we still see it on the property, what 30 days from now, then you're not actually using it for that.

You're actually using it for your business.

Yeah, I see what you're saying.

I I mean, I didn't know until you just brought it up that it's been years that that has been sitting there.

I I'm not even sure if um Mr.

Peichel's aware of that, but um, to answer your question, yes, because I I I think you can we could definitely put some type of parameters on that because if it is, if they are gonna use that and they're gonna resurface or whatever, then it should have been done.

If not, um now it becomes storage of hazardous material.

Um, and that obviously is is is a uh a separate uh problem and a separate issue.

So to put some type of limitation on it, I think is reasonable.

I would like to confer with him on that though, um, and see, you know, what his thoughts are.

Councilman Banana.

Well, I was gonna say, thank you, uh, Madam Chair.

All I was gonna say was um, in addition to keeping this on the monthly committee meeting, I think it might behoove uh the council and the public to put it on the full council meeting agenda.

It's just a simple fact that more people pay attention at the full council meeting.

So um I would also through the chair, ask the clerk to put it on for whenever the next council meeting is September or whatever.

Maybe we'll have an update then.

May I I can do what I think.

It's totally up to you.

I I would what I would prefer, what I think makes more sense is I because I I think you we would have probably a lot more information to give to the public is if you go to the October meeting, because I think in the interim, I have a feeling they're gonna be in municipal court.

I'm not sure they're gonna get there before the 22nd.

Okay, then you know what?

Um, is it I mean, I'll send an email to follow up with councilman Ritz probably, but I think the October meeting, could we put it on the October full council meeting?

Same questions, and uh with one additional that says uh what's the status of the municipal court uh uh situation as much as can be spoken about in a council meeting.

Councilman Thank you, Diano.

Thank you, councilwoman.

Um, I'm not on this committee, but uh I have uh many complaints about this property for a couple of years now.

So um I want to thank uh Mr.

Steichel for his hard work in getting this forward.

So that's we're in a step in the right direction.

I don't think anybody wants this place closed down, or they just want them to be good neighbors, and apparently for many years now they're not being good neighbors.

So I'm glad we're moving forward.

This is going to be on the agenda for next month, and uh hopefully we can see some uh some traction to get this this resolved.

Um, I don't know if we need to put in any type of ordinance to make sure the piles are not over a certain height and they have to be so far away from the property lines.

I think we should look into that.

Maybe every 10 feet it's high it is, it has to be 10 feet away from the line.

Maybe we need to put that kind of language into this.

So uh just want to say I'm glad this is going forward, and I hope that we can uh resolve this soon.

I'd like everyone to feel safe.

Okay.

Next up, did everyone get a chance to look at the licenses approved, but subject to not issued yet?

Some of these businesses have been opened and operating for over a year without a victoring license, serving food or other things.

Does anyone um solicitor?

What can we do really about this?

I met with Solissa Millet four or five months ago when I first became chair.

I asked for ordinances.

We don't even know who's like it's not economic development's job to go look at them, it's not the police.

So right, hold on.

Well, it's at the risk of beating the proverbial dead horse.

I I've said it if I if I've said it once, I've probably said it a dozen times that because we have a very weak ordinance structure in terms of enforcement when it comes to this type of issue, that the only realistic um alternative is to go to superior court.

And to basically bring this before a superior court judge, ask for injunctive relief, because now this would be an order from a superior court saying you are not to operate your business unless and until you do X, Y, and Z.

And if they do, they not only have to answer to a committee such as yourself, but and and I don't I don't mean this in a uh derogatory fashion at all, but to go in front of a superior court judge on a contempt citation is a lot different than coming in front of uh safety services committee because a judge could literally lock them up.

So uh to put any real teeth into this, I think the only alternative is to go to court, because as I said, we really do not have a good enforcement mechanism.

In fact, it's basically non-existent.

I think we could probably impose some fines, but then you know, then you have to try and collect it, and you're still left with the same problem if they're operating.

That's not gonna stop operation.

Do you think if we show cause them that they would come in rarely realize before we use city resources to take them to court?

I'd see solicit council attorney angel too.

John John's right.

I mean, we've dealt with this for years.

The every every council I've sat with has expressed the same angst over this issue.

There is not the proper enforcement mechanism within the ordinance structure.

Reform the ordinance.

Reform the ordinance and give the solicitor's office the tools that they need to enforce this.

You can show cause them until hell freeze is over.

Why would they show up if they have a lawyer?

The lawyer reads it and says they're never gonna do anything to us.

So my my feeling is you need to improve your ordinance structure, and then you can apply it, give the give the solicitor the tools that they need to move forward.

You're gonna go if you run to court on every single one of these on an injunctive basis, you're gonna see quite a legal bill.

Okay.

In terms of enforcing fines, put a healthy fine structure in place and put a lien on the business.

I don't know of a business around that doesn't need a loan for working capital.

And guess what?

It's secured by real estate.

I met um maybe in June with the full-time solicitor.

I asked for these ordinances to be made up.

Um I need help here.

That's what I'm saying.

Councilman Brown.

I agree.

I agree.

I think um, you know, attorney Verdecke, attorney Angel, uh, they're both correct.

We need to look at it.

And I think we need to do it.

And uh, you know, we need to do it and and get it done so we have some sort of mechanism to ensure that all the businesses in Cranston are properly running with the proper licenses to protect uh the people in the in the city.

I don't think it's anybody's intention to shut down businesses.

Um, and certainly not mine.

I think if I may, you know, offer a suggestion.

I don't I don't know if we have how many letters when the last time was we sent a letter, you know, who delivered it and whatever.

Um so I would venture to say that some of these people might not even realize that they're operating without a license.

So I'm not totally against showing cause bringing them in and saying, hey, do you do you realize that you're you have you've been it's been two years, and by the way, uh we're gonna reform this and start whacking people with fines if you know in the next couple of couple of meetings.

Um I not be the worst thing, but I know there's no teeth to it.

But if we put the teeth to it, like I've said in previous meetings, sometimes that letter from the city is enough for people to get nervous and come in.

Well, we we've sent the letters, uh, they don't seem to be having an effect.

I I don't know how they were delivered.

I don't know if it was just mail or if the police actually delivered them.

So the chair, um I can vouch for the license clerk and myself.

We have dealt with every one of these businesses since day one, since they came up for renewal.

We call them, we've emailed them, we've sent them numerous letters.

We've attempted to do everything we could from our end, but no response.

Right.

Council President.

I think attorney Angel in both solicitor Videcki has said it, and it sounds like you've alluded to it in the past.

I mean, it we've we say it again and again, but we're just gonna have to get a better ordinance.

So if we put our heads together, and I'm not an attorney, but I asked Solicitor Videckia, attorney Angel, are there municipalities?

We maybe perhaps we don't have to reinvent the wheel.

Perhaps someone's written ordinance we can adapt to fit the needs we want and put it before the council.

Sounds like this has been an ongoing problem.

Maybe we can solve that and it won't be a lot of work.

It's a shame to hear that Chairman Heroin asked.

Did you say June?

Yeah, yes.

I took half day at work to come here and meet.

I mean, we should be able to get an ordinance.

I I certainly be willing to work with uh work with you.

I also talked to Councilman Anderhoud because he actually got some of the information from Providence ordinances on fines.

Madam Chair, I think uh, you know, maybe we might have to start copying Providence and maybe create a licensing board and the Providence License Board, they have actual police officers that you know from Providence that actually go out to these places and you know it just gives them more teeth.

So maybe something we could look into.

Solicitor Millet did suggest that might be one of the options.

I'm a little confused.

We have a slew of attorneys that we hired, and we're gonna ask the council members to find these ordinances.

I mean, it wouldn't be behoove us to ask out the people that we hired to do some of that work.

I mean, this is ridiculous that we have to we have to work to develop ordinances.

We have several attorneys that that should be doing that kind of a job for us.

I know that we it was all in our email, and there's a whole section bright yellow highlighted for us that are operating with no fire inspection, no fee, clearance.

Um it's really sad.

Councilwoman Graziano, please.

So I support Councilman Traficante.

Um is that what we're being told that we have to drop an ordinance?

I can I hear it out loud.

Yes, basically, Madam Chair.

I would recommend through the of course through the president that we form a subcommittee, and maybe that subcommittee could work on um generating new ideas and new laws, and that way we could continue the meeting because we could sit here in circles.

Sorry, all day.

Okay, I guess that's all with for now.

I'd like to adjourn this meeting.

All in favor say I also adjourn.

So move second.

Oh, those opposed.

All right, uh at this time I'd like to call the call the September 8, 2025 Finance Committee meeting to order.

I call this to order.

I ask just one second.

We'll be waiting longer than the meeting.

That's interesting.

No worries, thank you, Rose.

Can I ask the clerk to please call roll?

McGraziano, present.

Present Pasman Ritz.

Present.

Councilman Horyan?

Present.

Yeah, here.

Okay, next item of business is going to be the approval of minutes.

Um at this time, I'd like to entertain a motion to approve the minutes from the August 4th regular meeting.

So move.

Second.

Consul McGraziano presentu har present Passman Ritz Passment Traficante Present Councilman Horoyan present Pass President Wall here okay next item of business is going to be the approval of minutes um at this time I'd like to entertain a motion to approve the minutes from the August 4th regular meeting so moved second all right is there any discussion there being none clerk would you please call the roll councilman graziano yes councilman do hard yes McRitz yes Council Trafficanti Councilwoman Horyan yes pass the president roll yes next item business is public comment is there's anyone here in the chamber this evening who would like to make public comment on agenda matters only oh hold on i think i missed it let me let me reverse i i am in such a hurry it seems to say all right then let me go back to approval of minutes because i missed a set of minutes yeah at this time i'm gonna entertain a motion to approve of the minutes from the august 20 special finance committee meeting is there a motion so second the motion and a second is there any discussion there be a none clerk would you please call a roll councilwoman graziano councilman induhar yes yes traffic canti councilwoman haroyan yes present wall yes all right now we'll try this again we're gonna move right on to public comment so if there's anyone in the chambers who would like to make public comment on agenda matters only please step up to the podium state your name and address for the record and you will have three minutes to speak i see none time is anyone online there's no public comment online okay i'm gonna close public comment this time let me just take a quick look um the next item business is going to be new band matters before the committee and the first item I believe are gonna be yes it is item c real estate tax abatements they were uh presented by the tax assessor there in your packet i would like is there a motion to approve motion to approve second any discussion there be a none clerk please call roll council graziano yesman yes passment ritz yes traffic canti yes councilwoman haryan yes present wall yes next item would be item d motor vehicle tax abatements they were included in your packet they were uh presented by the tax assessor is there a motion to approve motion to approve second and there is a second any discussion there being none clerk please call roll councilwoman graziano yesman passments yes council traffic councilman yes present wall yes next item would be tangible tax abatements once again they were presented by the tax assessor they were included in your packet um is there a motion to approve motion to approve any discussion oh my god I circled the wrong one reverse that one that's my next one oh next one would be this is for informational purpose there's nothing else there okay it looks like there is no matters before this committee so at this time I'm gonna entertain a motion to adjourn so move second all in favor please signify by saying aye aye opposed signify by saying nay the eyes have it motion carries thank you and good night