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City Council, December 6, 2023
A regular session of the Pawtucket City Council was held Wednesday, December 6, 2023, at 7:02 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 
Present – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno, and Wildenhain.
Absent – President Mercer, Councilors Rubio and Stachowiak.
President Pro-Tempore Araujo presided.
THE COUNCIL RECESSED IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING: 
AN ORDINANCE IN AMENDMENT OF CHAPTERS 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”. (Updates to Incorporate Required Changes due to Enacted Land Use Laws)
THE COUNCIIL RECONVENED AT 7:13 PM
THE COUNCIL TOOK UP THE FOLLOWING:
Previous Minutes of 11/21/2023 Finance Committee
THE CHAIR RECOGNIZED COUNCILOR MORAN
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following AMENDMENT to the November 21, 2023, city council minutes was taken up:
The reading of the records of the November 21 8, 2023 Joint Recreation Committee and City Property Committee meeting; Committee on Claims and Pending Suits meeting; Committee of the Whole meeting; and City Council meeting, was dispensed with and the records were APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following AMENDMENT was PASSED on a unanimous voice vote:
The reading of the records of the November 21 8, 2023 Joint Recreation Committee and City Property Committee meeting; Committee on Claims and Pending Suits meeting; Committee of the Whole meeting; and City Council meeting, was dispensed with and the records were APPROVED as prepared by the Clerk.
The reading of the records of the November 21, 2023 Finance Committee meeting and City Council meeting as amended was dispensed with and the records were APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the *Consent Agenda was APPROVED on a unanimous voice vote:
*THE FOLLOWING COMMUNICATIONS WERE READ AND ORDERED FILED
028 A. Various Forms and Statements from RI Infrastructure Bank
061 B. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Honorable Members of the Pawtucket City Council (Statement of Estimated, Realized and Unrealized Revenues for the fiscal period July 1, 2023 through July 31, 2023)
061 C. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Honorable Members of the Pawtucket City Council (Statement of Estimated, Realized and Unrealized Revenues for the fiscal period July 1, 2023 through August 31, 2023)
061 D. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Honorable Members of the Pawtucket City Council (Statement of Estimated, Realized and Unrealized Revenues for the fiscal period July 1, 2023 through September 30, 2023)
061 E. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Honorable Members of the Pawtucket City Council (Statement of Estimated, Realized and Unrealized Revenues for the fiscal period July 1, 2023 through October 31, 2023)
F. Communication from Shaun Anthony Mark, 460 Smithfield Avenue LLC, to the Honorable Members of the Pawtucket City Council (Handicapped-accessible ramp easement) WAS REFERRED TO THE CITY PROPERTY COMMITTEE
H. THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Stacy Weaver – $543.13 (Vehicle Rental)
G. Communication from Dylan Zelazo, Director of Administration, to the Honorable Members of the Pawtucket City Council. (Response – Hilltop Letter) WAS POSTPONED UNTIL DECEMBER 18, 2023
Upon unanimous consent of the council, the agenda is amended to take up the following matter, on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTERS 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”. (Updates to Incorporate Required Changes due to Enacted Land Use Laws)
THE CHAIR RECOGNIZES COUNCILOR MORAN
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following AMENDMENT to the ordinance entitled AN ORDINANCE IN AMENDMENT OF CHAPTERS 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”. (Updates to Incorporate Required Changes due to Enacted Land Use Laws), was taken up:
SECTION 9. - CHAPTER 410, ARTICLE IIIA: DEVELOPMENT PLAN REVIEW.
In section B, the following subsection (3) should have been included in the ordinance to be stricken:
(3) For any property located in the Riverfront Zoning District and therefore subject to design review by the Riverfront Commission, as defined by Article III of the Zoning Ordinance and where the project is subject to development plan review, the two processes shall proceed concurrently and Article III shall take precedence. In the event that the development plan review decision is made prior to a final decision on building design proposed in the development, this decision shall be conditional on Riverfront Commission approval.
In section E, the following subsection (2)(f) add: non-residential and strike commercial.
(f) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a non-residential commercial zone where no extensive exterior construction of improvements is sought.
In section I, add permitting authority and strike Administrative Officer in 2 places
I. Standards of Criteria for Approval. The City Planning Commission or the permitting authority Administrative Officer Department of Planning and Redevelopment staff shall review the application and supporting documentation and shall issue development plan approval (including appropriate revisions and conditions), provided that the applicant has proved to the Commission/staff permitting authority Administrative Officer that the following criteria standards will be met:
In section I, subsection (5), Add Required Improvements and Design Standards and Strike Design Requirements and Performance Standards as follows:
( 4 5) The proposal is designed to meet all applicable Required Improvements and Design Requirements and Performance Standards as provided in Section XV of the Land Development and Subdivision Regulations.[1]
In section J, subsection 1, the following should be amended as follows:
After the words 20 day of … add “recording and posting of the decision with the City Clerk” and eliminate “such final action”
(1) Appeals to the Zoning Board of Review Providence County Superior Court may be taken by a person aggrieved by any final action of the permitting authority staff or the Commission pursuant to the provisions of this section. Such appeal shall be taken within 20 days of recording and posting of the decision with the City Clerk such final action by filing with the Zoning Board of Review a written notice of appeal specifying the grounds for appeal and the specific finding or findings of staff or the Commission in its final actions which are challenged, if any. The lack of particularity of specific grounds for appeal shall constitute cause for dismissal of any appeal. Only the grounds for appeal so specified will be reviewed by the Zoning Board of Review on appeal. Such appeal shall be accompanied by copies of the original development plan submission and the written findings of staff or the Commission with respect to the final action appealed from. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.
SECTION 23
CHAPTER 410, ARTICLE VII: SUPPLEMENTARY REGULATIONS. - §410-60: SPECIAL USE PERMIT REQUIREMENTS FOR SPECIFIC USES.
In section X, subsection (1)(a) strike the word “medical” in 2 places.
(a) All registered cardholders, whether acting individually or in a cooperative cultivation, shall comply with all Rhode Island Department of Business Regulation (DBR) and Rhode Island Department of Health (DOH) regulations regarding the cultivation, distribution, and storage of medical marijuana and medical marijuana products at all times.
In section X, subsection (1)(e), strike “Woonsocket’s” and add “Pawtucket’s”
(e) The facility must have a security system to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana, which shall include both adequate lighting, subject to the approval of the city's Building Official or Zoning Official in consultation with the city's Public Safety Director, including motion control lighting, and an alarm system that is linked to Woonsocket's Pawtucket’s public safety departments (Police and Fire).
In section X, subsection (3)(f), strike “for medical purposes”
(f) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by the cultivator license holder must be displayed prominently in the premises when cultivation is occurring.
In section X, subsection (4)(d), strike “for medical purposes”
(d) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by the marijuana testing facility license holder must be displayed prominently in the premises where testing is occurring.
SECTION 35.
CHAPTER 410, ARTICLE XIII: VARIANCES AND SPECIAL USE PERMITS.
§410-114.1: UNIFIED DEVELOPMENT REVIEW.
In section E, the following should be amended as follows:
E Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to § 410-120 the Land Development and Subdivision Regulations.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following AMENDMENT was PASSED on a roll call vote, as follows:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
Amend the following:
SECTION 9. - CHAPTER 410, ARTICLE IIIA: DEVELOPMENT PLAN REVIEW.
In section B, the following subsection (3) should have been included in the ordinance to be stricken:
(3) For any property located in the Riverfront Zoning District and therefore subject to design review by the Riverfront Commission, as defined by Article III of the Zoning Ordinance and where the project is subject to development plan review, the two processes shall proceed concurrently and Article III shall take precedence. In the event that the development plan review decision is made prior to a final decision on building design proposed in the development, this decision shall be conditional on Riverfront Commission approval.
In section E, the following subsection (2)(f) add: non-residential and strike commercial.
(f) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a non-residential commercial zone where no extensive exterior construction of improvements is sought.
In section I, add permitting authority and strike Administrative Officer in 2 places
I. Standards of Criteria for Approval. The City Planning Commission or the permitting authority Administrative Officer Department of Planning and Redevelopment staff shall review the application and supporting documentation and shall issue development plan approval (including appropriate revisions and conditions), provided that the applicant has proved to the Commission/staff permitting authority Administrative Officer that the following criteria standards will be met:
In section I, subsection (5), Add Required Improvements and Design Standards and Strike Design Requirements and Performance Standards as follows:
( 4 5) The proposal is designed to meet all applicable Required Improvements and Design Requirements and Performance Standards as provided in Section XV of the Land Development and Subdivision Regulations.[1]
In section J, subsection 1, the following should be amended as follows:
After the words 20 day of … add “recording and posting of the decision with the City Clerk” and eliminate “such final action”
(1) Appeals to the Zoning Board of Review Providence County Superior Court may be taken by a person aggrieved by any final action of the permitting authority staff or the Commission pursuant to the provisions of this section. Such appeal shall be taken within 20 days of recording and posting of the decision with the City Clerk such final action by filing with the Zoning Board of Review a written notice of appeal specifying the grounds for appeal and the specific finding or findings of staff or the Commission in its final actions which are challenged, if any. The lack of particularity of specific grounds for appeal shall constitute cause for dismissal of any appeal. Only the grounds for appeal so specified will be reviewed by the Zoning Board of Review on appeal. Such appeal shall be accompanied by copies of the original development plan submission and the written findings of staff or the Commission with respect to the final action appealed from. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.
SECTION 23
CHAPTER 410, ARTICLE VII: SUPPLEMENTARY REGULATIONS. - §410-60: SPECIAL USE PERMIT REQUIREMENTS FOR SPECIFIC USES.
In section X, subsection (1)(a) strike the word “medical” in 2 places.
(a) All registered cardholders, whether acting individually or in a cooperative cultivation, shall comply with all Rhode Island Department of Business Regulation (DBR) and Rhode Island Department of Health (DOH) regulations regarding the cultivation, distribution, and storage of medical marijuana and medical marijuana products at all times.
In section X, subsection (1)(e), strike “Woonsocket’s” and add “Pawtucket’s”
(e) The facility must have a security system to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana, which shall include both adequate lighting, subject to the approval of the city's Building Official or Zoning Official in consultation with the city's Public Safety Director, including motion control lighting, and an alarm system that is linked to Woonsocket's Pawtucket’s public safety departments (Police and Fire).
In section X, subsection (3)(f), strike “for medical purposes”
(f) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by the cultivator license holder must be displayed prominently in the premises when cultivation is occurring.
In section X, subsection (4)(d), strike “for medical purposes”
(d) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by the marijuana testing facility license holder must be displayed prominently in the premises where testing is occurring.
SECTION 35.
CHAPTER 410, ARTICLE XIII: VARIANCES AND SPECIAL USE PERMITS.
§410-114.1: UNIFIED DEVELOPMENT REVIEW.
In section E, the following should be amended as follows:
E Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to § 410-120 the Land Development and Subdivision Regulations.
The following ordinance was READ FOR THE FIRST TIME, AS AMENDED, AND PASSED on a roll call vote, as follows:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
AN ORDINANCE IN AMENDMENT OF CHAPTERS 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”. (Updates to Incorporate Required Changes due to Enacted Land Use Laws) AS AMENDED
Communication from Richard J. Goldstein, MMC, City Clerk, on behalf of Council President Terrence E. Mercer, submitting the following reappointment as a member of the Pension Board for APPROVAL PENDING CONFIRMATION from Mayor Donald R. Grebien:
PENSION BOARD
591 Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI 02860. Term Expires the First Monday in January, 2026, WAS READ AND ORDERED FILED.
The following nomination submitted by Council President Mercer, for confirmation was CONFIRMED on a roll call vote, as follows:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI 02860. Term Expires the First Monday in January, 2026
THE CHAIR RECOGNIZES COUNCILOR CODERRE
Upon motion made by Councilor Coderre, seconded by Councilor Moreno, the following communication was POSTPONED to a future date in 2024 on unanimous voice vote:
Communication from Wilson A. Soto, Princess Investment LLC, to the Honorable Members of the Pawtucket City Council (Extended Operating Hours for Class B Licensed Establishments)
UPON RECOMMENDATION FROM THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION WAS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES FOR MOTOR VEHICLES, REAL ESTATE AND TANGIBLES FOR JULY, AUGUST, AND SEPTEMBER 2023, IN THE AMOUNT OF $65,004.75.
THE CHAIR RECOGNIZES COUNCILOR MORAN
Upon motion made by Councilor Moran. Seconded by Councilor Wildenhain, the agenda is amended to include the following communication on a unanimous voice vote:
Communication from Camerin Bennett, Assistant Planning Director, to the Honorable Members of the Pawtucket City Council (Recommendation for Zoning Ordinance Change)
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication was READ AND ORDERED FILED
592 Communication from Camerin Bennett, Assistant Planning Director, to the Honorable Members of the Pawtucket City Council (Recommendation for Zoning Ordinance Change)
UPON RECOMMENDATION FROM THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE WAS READ AND PASSED FOR THE FIRST TIME ON A ROLL CALL VOTE, AS FOLLOWS: 
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (ADD: Cultural Affairs Program Coordinator, Supervisor of Sewers, Sanitation & Recycling; DELETE: Economic & Cultural Affairs Officer, Sewer Supervisor; CHANGE: Fleet Mechanic, Fleet Mechanic EVT Certified)
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY WAS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
Marlon Aceituno – $300.00 (Pothole)
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY WAS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro-Tempore Araujo, Councilors Coderre, Gregor, Moran, Moreno and Wildenhain.
NOES – 0.
Anna Robinson – $130.00 (Dog)
Upon motion made by Councilor Moran, seconded by Councilor Moreno, the meeting adjourned at 7:33 PM. 