Johnston Town Council

1385 Hartford Avenue, Johnston, RI

 

 

Town Council Minutes

August 15, 2023

Johnston Municipal Court Building

 

 

Council President Russo called the meeting to order at 7:02 PM at the Johnston Municipal Court Building located at 1600 Atwood Avenue, Johnston, RI 02919.

Town Sergeant, Stephen Mallane led with the Pledge of Allegiance

 

Please note: pursuant to Rule 3 Section E of the Town Council Rules, adopted by

Resolution 2023-4, the Council shall adjourn at 10:30 p.m. and any unfinished business shall be carried to the fourth Monday of the month or to a date agreed upon by the Council.

 

Roll Call

 

District 1 – Councilwoman Linda L. Folcarelli

                                               District 2 – Vice-President Lauren A. Garzone

                                               District 3 – Councilman Alfred T. Carnevale

                                               District 4 – President Robert V. Russo

                                               District 5 – Councilman Robert J. Civetti

All Councilmembers were present

Also present were William J. Conley, Jr., Esq, Vincent P. Baccari, Jr., and Donna Dumont, stenographer

 

Award & Recognition Ceremonies

 

 

Status on Public Hearings

 

2022-CP-47

Petition for a Zone Change submitted by Attorney, Joseph Shekarchi on behalf of Trinity Properties of RI, LLC to change the Zone for 198 Shun Pike, Assessor’s Plat 33, Lot 63 from R-40 to Planned District

For referral to the Planning Board for an Advisory Opinion

Pending Planning Board Advisory Opinion

 

 

Councilman Carnevale made a motion to suspend the rules and to take Resolution 2023-36 out of order

The motion was seconded by Councilwoman Garzone

Vote 5-0

Resolution 2023-36

A Resolution requesting that the RI General Assembly introduce and pass legislation to authorize the Town to issue a tax credit for real property situated in Town which is owned and occupied by resident-owners aged 65 and older

Mayor Polisena Jr discussed a phase in of a senior tax credit

Councilwoman Garzone made a motion to adopt Resolution 2023-36

The motion was seconded by Councilman Carnevale

Motion carried; vote 5-0

Ordinances to be Read

 

Ordinance 2023-15

An Ordinance amending Chapter 220-73 of the Town of Johnston Code of Ordinances entitled “Parking Prohibited at All Times on Certain Streets. Said ordinance proposes no parking on the southbound side of Trieste Street

Councilman Civetti made a motion that Ordinance 2023-15 had been read

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

Public Hearing to take place on September 11, 2023

 

Licenses

 

2023-CP-113

Sprinkle Strega/ Location: 1478 Atwood Ave., Suite 203

Business Operating License-

Holiday Sales-

Party Supply Store-Event Services

Leah Varrecchione present

Councilwoman Garzone made a motion to grant 2023-CP-113

The motion was seconded by Councilman Carnevale

Motion carried; vote 5-0

 

2023-CP-114

Joyabateca Restaurant, Inc. d/b/a Joyabateca Restaurant / Location: 58A Greenville Ave

Restaurant License-

Holiday Sales-

Fast Food Service Restaurant

Lucia Hernandez & Meja Garcos present

Councilman Carnevale made a motion to grant 2023-CP-114

The motion was seconded by Councilman Civetti

Motion carried; vote 5-0

 

2023-CP-115

Angel Stars Slime, LLC d/b/a Angel Stars Slime/ Location: 37 Hunter Ave.

Business Operating License- Phone Calls Only

Handmade Slimes and T-Shirts- Online Sales

Ryami Santos and Amanda Cornell present

Councilman Carnevale made a motion to grant 2023-CP-115

The motion was seconded by Councilwoman Garzone

Motion carried; vote 5-0

 

2023-CP-116

Fisher Auto Parts, Inc./ Location: 1 Carding Lane

Business Operating License-

Holiday Sales-

Wholesale/Retail of Auto Parts and Accessories

Kevin Sims present

Councilwoman Garzone made a motion to grant 2023-CP-116

The motion was seconded by Councilman Civetti and Councilwoman Folcarelli

Motion carried; vote 5-0

 

2023-CP-117

S&S Investments/ Location: 1077 Plainfield St.

Business Operating License- Phone Calls Only

Construction

Applicant not present

Councilman Civetti made a motion to continue 2023-CP-117 to the September 11, 2023 meeting

The motion was seconded by Councilwoman Folcarelli

Motion carried; vote 5-0

 

2023-CP-118

J&A Construction/ Location: 20 Almy St.

Business Operating License- Phone Calls Only

Consultant

Ciana Ardente present

Councilman Carnevale made a motion to grant 2023-CP-118

The motion was seconded by Councilman Civetti and Councilwoman Folcarelli

Motion carried; vote 5-0

 

2023-CP-119

Enerje, LLC d/b/a Heavy Metal Muscle Co./ Location: 300 Morgan Ave

Business Operating License-

Holiday Sales-

One on One Personal Training

Edward Fleury present

Councilwoman Folcarelli made a motion to grant 2023-CP-119

The motion was seconded by Councilwoman Garzone

Motion carried; vote 5-0

 

2023-CP-120

C&C Builders/ Location: 5 Janet Dr.

Business Operating License- Phone Calls Only

Carpentry

Thomas Calabro present

Councilman Civetti made a motion to grant 2023-CP-120

The motion was seconded by Councilwoman Folcarelli

Motion carried; vote 5-0

 

2023-CP-121

Dent Removal RI/ Location: 16 Rowena Dr.

Business Operating License- Phone Calls Only

Auto Enhancement(Paint-less Dent Removal)

Ramone Figueroa present

Councilman Carnevale made a motion to grant 2023-CP-121

The motion was seconded by Councilwoman Folcarelli

Motion carried; vote 5-0

2023-CP-122

MZ6 Convenience Mart./ Location: 1500 Atwood Ave, Unit 15

Business Operating License-

Holiday Sales-

Convenience Store, Food Market, Smoke Shop & Lottery

Omar Shaker present

Councilwoman Folcarelli made a motion to grant 2023-CP-122

The motion was seconded by Councilmen Civetti and Carnevale

Motion carried; vote 5-0

2023-CP-123

MZ6 Convenience Mart./ Location: 1500 Atwood Ave, Unit 15

Tobacco License-

Convenience Store, Food Market, Smoke Shop & Lottery

Omar Shaker present

Councilwoman Folcarelli made a motion to grant 2023-CP-123

The motion was seconded by Councilman Carnevale

Motion carried; vote 5-0

 

Liquor Licensing Commission

Councilman Carnevale made a motion to sit as the Johnston Liquor Licensing Commission

The motion was seconded by Councilwoman Folcarelli

Motion carried; vote 5-0

 

2023-L-6

A Taste of Italy Deli & Café, LLC d/b/a A Taste of Italy/ Location: 1302 Atwood Ave.

Class BV-Full Liquor License-

Deli and Cafe

Mario Menella present

Councilman Civetti made a motion to grant 2023-L-6

The motion was seconded by Councilwoman Folcarelli

Motion carried; vote 5-0

 

Councilman Civetti made a motion to sit back as the Johnston Town Council

The motion was seconded by Councilman Carnevale

Motion carried; vote 5-0

Constituent Requests

District 1:

Councilwoman Folcarelli requested to have the overgrowth cut on the Town’s property on Shun Pike and requested a traffic study for the placement of a “No Thru Truck” sign at Shun Pike and A Street

 

District 2:

None

 

District 3

Councilman Carnevale requested:

·         Move the street sign for Olivia Court to a pole to be inserted at 8 Kern Acre Drive at the intersection and also add a sign on the pole for Kern Acre Drive

·         Stated that Forand is requesting a speed bump

·         Stated that Merino Street is requesting a speed bump

·         Requested an update on 3 pending speed bumps for King St, Homestead St and Leading St

 

District 5:

Councilman Civetti requested:

·         Request to DOT to have the speed limit reduced on Greenville Ave coming off of 295 heading west or at least having more speed limit signs placed there

·         Pine Hill Road Brush cutting

 

·         Central Avenue- Water Line Construction; requested better communication to the affected residents

·         Heywood Lane brush cutting and road repair

·         Update on the use of the ARPA funding; what it has been committed to

·         Update on if the Town is participating in the State’s road repaving matching funds program

·         Update on if the Town is participating in the State’s Community Facilities Projects Grant for 2.3 million dollars

·         Relocate Stop sign at the corner of Camelot and Bishop Hill directly across from Golden View Drive-currently, it is around the bend and not as visible

 

District 4:

None

Unfinished Business

 

New Business

 

 

2023-CP-124

District 1 Appointment to the Johnston Senior Citizens Advisory Board to fill an expired term

Councilwoman Folcarelli made a motion to appoint Robert Piscione to the District 1 position on the Senior Citizens Advisory Board

The motion was seconded by Councilman Carnevale

Motion carried; Vote 5-0

 

 

2023-CP-125

District 2 Appointment to the Johnston Senior Citizens Advisory Board to fill an expired term

Councilwoman Garzone made a motion to appoint Stephen Mallane to the District 2 position on the Senior Citizens Advisory Board

The motion was seconded by Councilman Civetti and Councilwoman Folcarelli

Motion carried; Vote 5-0

 

2023-CP-126

District 4 Appointment to the Johnston Senior Citizens Advisory Board to fill an expired term

Councilman Carnevale made a motion to appoint Arnold Vecchione to the District 4 position on the Senior Citizens Advisory Board

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

 

2023-CP-127

Two Appointments to the Johnston-Smithfield Juvenile Hearing Board

Councilman Civetti made a motion to appoint Joseph Carnevale to the Johnston-Smithfield Juvenile Hearing Board

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

 

A second appointment was not made at this time

 

2023-CP-128

Petition submitted by Sherry Maner for the installation of a speed calming device on Merino Avenue for referral to the Police, Fire and Public Works Departments

Councilman Carnevale made a motion to refer 2023-CP-128 to the Public Works, Police and Fire Departments

The motion was seconded by Councilwomen Folcarelli & Garzone

Motion carried; Vote 5-0

 

2023-CP-129

Petition from Narragansett Electric & Verizon New England to install a new jointly owned pole P-188-52 on Central Avenue across from existing P-188-50

Councilwoman Garzone made a motion to grant 2023-CP-129

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

 

2023-CP-130

Petition from Narragansett Electric & Verizon New England to install a new jointly owned pole P-18 on Ostend Street

Councilwoman Garzone made a motion to grant 2023-CP-130

The motion was seconded by Councilman Civetti

Motion carried; Vote 5-0

 

Resolution 2023-34

A Resolution appointing a Judge to the Johnston Probate Court on an interim basis for the current term

Councilwoman Garzone made a motion to adopt Resolution 2023-34 appointing Frank J. Manni as judge of the Johnston Probate Court

The motion was seconded by Councilman Carnevale

Motion carried; Vote 5-0

 

Resolution 2023-35

A Resolution authorizing the Mayor to enter into an agreement between the Town and the State of Rhode Island for pavement and sidewalk improvements on Hartford Avenue from Killingly Street to Atwood Avenue

Solicitor Conley and Director, Thom Deller spoke about the agreement

Councilwoman Garzone made a motion to adopt Resolution 2023-35

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

 

Resolution 2023-36

A Resolution requesting that the RI General Assembly introduce and pass legislation to authorize the Town to issue a tax credit for real property situated in Town which is owned and occupied by resident-owners aged 65 and older

Resolution 2023-36 was taken out of order and was granted; see Resolution 2023-36 above

 

Resolution 2023-37

A Resolution authorizing the Mayor to enter into an agreement with the RI Infrastructure Bank (RIIB) under the Community Septic System Loan Program (CSSLP) to provide low interest loans for septic system/cesspool repair or replacement

Councilman Civetti made a motion to adopt Resolution 2023-37

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

Resolution 2023-38

A Resolution authorizing the Mayor to enter into an agreement with the RI Infrastructure Bank (RIIB) to participate in the Commercial Property Assessed Clean Energy Program (C-PACE)

Councilman Civetti made a motion to adopt Resolution 2023-38

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

 

Resolution 2023-39

A Resolution awarding a bid and authorizing the Mayor to enter into an agreement for the purchase and installation of a Tax Administration and Collection System

Assistant to the Finance Director, Tyler Carney presented the bid results to the Council

Short discussion ensued

Councilwoman Garzone made a motion to adopt Resolution 2023-39

The motion was seconded by Councilman Civetti

Motion carried; Vote 5-0

 

Resolution 2023-40

A Resolution authorizing the Mayor to enter into a Tower Lease Agreement between DISH Wireless, LLC and the town for the tower located at 1520 Atwood Avenue

Short discussion ensued

Councilman Civetti made a motion to adopt Resolution 2023-40

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

 

Abatements

2023-TO-8

Tax Assessor Abatements- August 2023

Councilman Civetti made a motion to grant 2023-TO-8

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

Public Hearings for Ordinances

 

Ordinance 2023-12

An Ordinance formerly known as Petition 2023-CP-57, requesting to amend the zone map for Assessor’s Plat 38, Lot 164, behind 8 Putnam Pike to change the zone from R-15 to B-2

Attorney K. Joseph Shekarchi addressed the Council regarding the proposed zone change

Expert witness Steven Cabral from Crossman Engineering discussed and answered questions and concerns regarding traffic impacts

 

Council President Russo opened the hearing to public comment:

 

Harlon Hersey: Questioned why this was before the Town Council and not the Zoning Board

 

Discussion ensued regarding traffic concerns

 

Councilwoman Garzone made a motion to continue Ordinance 2023-12 to the October 12, 2023 meeting

The motion was seconded by Council President Russo

Motion carried; Vote 5-0

 

Ordinance 2023-13

An Ordinance formerly known as Petition 2023-CP-61, requesting to amend the zone map for Assessor’s Plat 26, Lots 77, 85, 111 & 149 – 1725 Plainfield Pike to change the zone from R-20 to R-7

Attorney John Mancini addressed the Council regarding the proposed zone change and discussed some adjustments that were made to their original proposed development

Expert engineer Josh Kline from Stonefield Engineering discussed and answered questions regarding traffic impacts, drainage and buffer zones

 

Council President Russo opened the hearing to public comment:

 

Harlon Hersey: discussed concerns with the sewer capacity and DEM compliance

 

Marcia Dolan: discussed drainage concerns and ice problems in the winter

 

Arlene Siraivo: inquired about which lots would be used for the parking areas

 

Alex Girgorian: Inquired about the type and size of the landscaping that would be used for the buffer

 

Victoria Fazio: expressed concerns with traffic impacts

 

 

 

Councilman Carnevale made a motion that the public hearing for Ordinance 2023-13 had been held

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

 

Councilwoman Folcarelli made a motion to adopt Ordinance 2023-13 with the following stipulations:

1.         The development project for this site shall be age restricted, 55 years old and over. There shall be no residents under age 55. The maximum amount of time any person under age 55 may temporarily reside in one of the residential units is 3 months.

2.         A traffic study shall be conducted for the project. Said traffic study must be conducted while school is in session and said traffic study must be satisfactory to and approved by the Town of Johnston Planning Board.

3.         A maximum of 30 residential units may be constructed on the site. Fifty percent of the total units constructed shall be three bedroom residential dwellings and Fifty percent shall be two-bedroom  residential dwellings.

4.         Any and all approvals required by the Rhode Island Department of Environmental Management shall be obtained by the developer applicant.

5.         If any of the above conditions one through four are not met as determined by the Building Official for the Town of Johnston, the development will revert to its original zoning designation of R-20.

The motion was seconded by Councilwoman Garzone

Roll call vote:

District 1: Aye to adopt

District 2: Aye to adopt

District 3: Aye to adopt

District 4: Aye to adopt

Motion carried; Vote 5-0

At this time the Town Council took a break from 9:25 p.m. and went back on the record at 9:30 p.m.

 

Ordinance 2023-14

An Ordinance formerly known as Petition 2023-CP-94 requesting the Abandonment of portions of Stella St, Maria St, Middleton St & Celia St

Henry Rosciti addressed the Council regarding the proposed road abandonments

 

Council President Russo opened the hearing to public comment:

 

No person spoke for or against Ordinance 2023-14

 

Councilman Carnevale made a motion that the public hearing for Ordinance 2023-14 had been held

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

 

Councilwoman Garzone made a motion to adopt Ordinance 2023-14

The motion was seconded by Councilman Carnevale

Roll call vote:

District 1: Aye to adopt

District 2: Aye to adopt

District 3: Aye to adopt

District 5: Aye to adopt

District 4: Aye to adopt

Motion carried; Vote 5-0

 

Approval of the minutes and transcripts from previous meetings

 

Transcripts Prepared by the Stenographer

May 8, 2023 Regular Meeting, Special Meeting and Executive Session

Councilwoman Garzone made a motion to accept the transcripts and to place them on file

The motion was seconded by Councilman Civetti

Motion carried; Vote 5-0

June 12, 2023 Regular Meeting and Show Cause Hearing-Johnston Gas

Councilwoman Garzone made a motion to accept the transcripts and to place them on file

The motion was seconded by Councilman Civetti

Motion carried; Vote 5-0

 

Minutes prepared by the Town Clerk:

July 10, 2023 Regular Meeting

Councilwoman Garzone made a motion to accept the minutes and to place them on file

The motion was seconded by Councilman Civetti

Motion carried; Vote 4-0 with Council President Russo abstaining

 

Claims

 

2023-CP-131

Claim from Kim Bunnell for damages

 

 

2023-CP-132

Claim from Michelle Vicente for damage to her property

 

 

2023-CP-133

Claim from David Rossi for personal injuries

 

 

2023-CP-134

Claim from Kristie Rocha for personal injuries

Councilman Carnevale made a motion to refer 2023-CP-131, 2023-CP-132, 2023-CP-133 & 2023-CP-134 to the Solicitor

The motion was seconded by Councilwoman Folcarelli

Motion carried; Vote 5-0

Requests to be heard

 

Please note: pursuant to Resolution 2023-4 of the Johnston Town Council, any person requesting to address the Council shall be heard for a maximum of 3 minutes. This will be strictly enforced. The Council may not take any action on matters appearing in the request to be heard portion of the agenda.

 

2023-CP-135

Amy Dixon to discuss: Town Improvements/Schools

Amy Dixon shared her ideas and opinions regarding the state of the School Department

 

Show Cause Hearing

 

2023-CP-97

Show Cause Hearing for 5 Star Management, LLC- Johnston Gas, Inc d/b/a Johnston Gas

1209 Hartford Ave

Continued from July 10, 2023

Joseph and Josephine Najim addressed the Council regarding compliance with cleaning up their property and rats in the area

Council President Russo asked if the public would like to speak

Donna Ricci: discussed concerns with rats after the camper was removed

 

Pat Tucker: expressed safety concerns with all of the cars and requested that a fence be installed

 

Carol Malargas: Spoke of concerns regarding rats and storing cars for extended periods

 

Councilman Civetti made a motion to close and remove the show cause hearing from the agenda

The motion was seconded by Councilwoman Garzone

Motion carried; Vote 5-0

 

Adjournment

 

Councilwoman Garzone made a motion to adjourn the meeting

The motion was seconded by Council President Russo

Motion carried; Vote 5-0

 

The meeting adjourned at 10:19 pm

 

Attest:

 

 

 

 

 

Vincent P. Baccari, Jr., Town Clerk

 

 

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