2026-09-10 - City Council

04:19Good. Nothing's changed.

04:20>> I'm going to call the meeting of the

04:21finance committee to order.

04:27>> 556.

04:28>> 556. We got other things to do. Let's

04:30go. Clerk will call the role.

04:32>> Council Wenhain

04:33>> here. Moran. Council Rubio

04:35>> here.

04:35>> In attendance.

04:36>> No public input as usual. Uh number two,

04:41uh Council Rubio.

04:42>> Item number two, a communication from

04:43Greg T. Anderson, uh human resources

04:46coordinator to the personnel board,

04:48personnel board recommendation team

04:50local 251 new contract and pay plan

04:52effective July 1st, 2026. I move to take

04:55this out. There's been a motion by

04:57council Rubio, seconded by council man

04:59that we file a communication and take up

05:02uh from Greg Anderson,

05:04the human resource coordinator of the

05:06personnel board with the recommendation

05:07of teams 251 local new contract pay plan

05:11effective 212 uh July 1st 2026. All

05:16those in favor I

05:18>> uh director you want to

05:20>> sure

05:20>> give us a short synopsis.

05:23>> Good evening council members. We are

05:25before you today to ask you to approve a

05:28new tenative agreement between the city

05:30of Kentucky and the Chuck water supply

05:32board and the team 251. Um,

05:38>> what do you got for questions? All I got

05:40as far as what we got looking to

05:41present.

05:42>> Well, I got a question. Um, how many

05:44people does this contract cover?

05:47>> How many?

05:48>> I think it's 11.

05:50>> Jesus, you guys are different than the

05:52fire department and everybody else. I

05:53got 146 of teachers and

05:55>> most are 1012.

05:57>> Yeah, they're all in.

06:00>> I can hit the highlights if you want.

06:02>> Yeah, I was.

06:03>> You can. All right, Jim. Go ahead

06:04because I only have one other question

06:06for you, but you get to hit the

06:07highlights and go.

06:08>> So, it's a threeyear uh 3.25 in the

06:12first year, 3.25 second year, three and

06:14a half in the third. Um there are three

06:18positions that are being upgraded and I

06:20can give you a brief explanation on

06:22that. Our

06:24GIS department

06:26>> y

06:26>> is pretty much running the operation

06:29now. Everything used to be engineering

06:30based. Now everything is GIS based. So

06:33we're up to three people and everything

06:35runs through GIS. So we they used to be

06:37part of the engineering department. We

06:39took them out. They their own

06:43that was the the um two of the the

06:47upgrades. And then the the third was the

06:49water utility supervisor. It was

06:50basically a second in command at D&D.

06:53>> Okay.

06:55>> And these

06:58>> we're trying to get so that and I've

07:00been here before

07:01>> retention.

07:01>> Yeah. I understand we're trying to

07:03become competitive and

07:05>> it makes us a little more competitive

07:08and I will we did find another back. So

07:11>> what we did

07:14lost we stopped the bleeding.

07:15>> Okay. That was actually one of my

07:18questions from before.

07:20>> But I mean like the water information

07:22system manager if he were to leave

07:25there's no way we can find anybody with

07:27all those computer skills for that pay.

07:29>> Okay.

07:30>> But I think

07:31>> and we've had this discussion in the

07:32past. It's it's through attention. We've

07:34we've understood it over the years just

07:36like in in in DPW where we turn around

07:38and invest in new vehicles to try to

07:40make sure that they got a good

07:41inventory. We we had we knew we were

07:43going to have to do the same with

07:44people, you know. And uh

07:45>> as far as the GS, [clears throat]

07:46>> we know it's challenging though.

07:47>> Everything goes through GS now. Like our

07:49work orders, our billing system,

07:52everything runs. It's crazy.

07:53>> I would have never

07:55>> and everything's visual and and these

07:57guys do a great job. So that was the uh

08:00the little uh reorg we did.

08:02>> Y

08:02>> um 18.6 raises the weekly bunk stipen

08:06from 200 to 300. What that is is we used

08:09to have a second shift guy or two

08:11>> was on call or something.

08:13>> No, they were there.

08:13>> They were there. office. Uh we got rid

08:15of that probably 15 years ago and we

08:19decided to pay somebody to carry a phone

08:21and they answer any calls for a week and

08:24respond and need to call the money.

08:28>> Yep.

08:28>> So that $300 replaced

08:3150 to 60,000

08:34here. Um and then the life insurance

08:37increase from 30 to 75 which is what the

08:4030 to 60 gets.

08:41That is correct.

08:43>> All right.

08:45>> I don't see any medical increases in

08:47here.

08:47>> No, they're already at 16. They were

08:4916%.

08:50>> Okay.

08:52>> Yeah.

08:53>> Yeah.

08:54>> Go backwards.

08:55>> Yeah. I I imagine that. But usually, and

08:57we've heard in some of the other

08:58contracts that we've seen, it's this is

09:00some of the biggest medical increases

09:01that we've seen in history and with

09:04actually more to come. Uh I think next

09:05year, too.

09:06>> Oh, yeah.

09:07>> Yeah. Yeah. So, we kind of

09:09>> when we see a contract, we kind of

09:11figured that's going to be fit into the

09:12contract there. Uh, which go will go

09:14along with the other question that I

09:16have. Um, that

09:19again, the numbers 252,000.

09:22I appreciate, believe me, after the

09:24other contracts I've seen, I really do

09:26appreciate this one. Uh, not that it

09:28only covers 11 people. I'd like you to

09:29cover 500 people, but you know, it this

09:31this does uh but does your budget or the

09:34surplus turn around and cover

09:38these increases that you've applied to

09:39your contract.

09:40>> Yeah. Yep.

09:41>> Okay. So, it's all planned in. You don't

09:43anticipate a rate increase to cover this

09:45stuff?

09:46>> Well, we anticipated a rate. We did a

09:48filing in July. Well, they approved it

09:51in July,

09:52>> which covered the 1012 increases.

09:54>> Y

09:55>> So, we have to do uh what they call an

09:57abbreviated filing just to to cover

10:00this.

10:00>> Okay.

10:02and some we're going to probably looking

10:04for more debt service to do a lead

10:06service replacement bucket,

10:08but then it'll be minimal.

10:10>> Didn't you have that a year or so ago?

10:12We were talking about lead the lead

10:14service replacement

10:15>> lead service.

10:16>> Yeah, I figured

10:17>> that's why

10:19inventory the pipe material.

10:22>> Okay.

10:25>> Yeah.

10:26>> Okay. Um, anything else? Unless you have

10:30any question

10:30>> anything anything to do with debt

10:32service is that something we would see

10:33like as a committee I know you just do

10:35that with the button whatever you do

10:37just go to the excuse me borrow

10:41infrastructure bank

10:43>> u and then go to the pc

10:46we have

10:48>> we were here not too long ago

10:50>> increase borrowing maybe that's

10:53>> we talked about lead service at that

10:55point

10:55>> right I thought there was some some I

10:57think there might have been some

10:58offering for people to have their lines

11:00replaced for free and they would turn

11:02around and then I guess you guys had to

11:03identify them too and then they could be

11:05part of the program

11:06>> identifying.

11:07>> Okay. But any increase in borrowing in

11:09the future you would you would come then

11:10before? No, you don't have to.

11:12>> You've raised our ability our our debt

11:14li service limit.

11:16>> Okay.

11:16>> But now we would just go to the go to

11:18RI.

11:19>> Okay.

11:19>> Get it ready. Go to the PC.

11:21>> Okay.

11:23>> Then rates increase. But we we you know

11:25we have a line item for debt service. So

11:29it's

11:29>> we have a lot of debt falling

11:31>> falling off too.

11:32>> Okay. That's usually the comparison, you

11:34know. Well, you know, bells and

11:36whistles, but but all right.

11:37>> I have one council Rubio.

11:39>> I know retention was an issue before.

11:41You're saying we're gotten better. We're

11:42in that scale. Are we though compared to

11:44other cities

11:46>> with this?

11:47>> I oppose you did your research in

11:49regards to that those positions.

11:50>> This union we're in shape. It's it's 10

11:52to 12 where we're hurting.

11:53>> Yeah. the the the utility workers, the

11:57crew leaders,

11:59everybody, every water utility is

12:01struggling at that rate.

12:02>> Yeah.

12:03>> Even though it's a paid

12:05>> really.

12:05>> Yeah.

12:06>> There's just not enough people that

12:08>> So, it's a lack of tal not lack of

12:10talent, but just

12:11>> qualified individuals.

12:13You can't work from home,

12:15>> right?

12:16>> Nights, weekends, holidays. It's

12:20>> it's different than the 30 years that I

12:22put in a factory and had to go to work

12:23every day and didn't know if I was

12:25coming home after eight hours or 12. So

12:26I was like yeah now they is like

12:28[snorts] you mean I have to leave my

12:29house. It's like yeah

12:32>> I mean everything the workforce has

12:36>> forunately we're

12:37>> completely changed.

12:38>> Jim question for you has nothing to do

12:40with this. I was just curious. Do they

12:41ever rank like the water systems like in

12:43the because there's like

12:44>> rank them

12:45>> like who's got the best water? You know

12:46that's I like that.

12:47>> We do taste tests. Okay. Matter of

12:48>> fact, we're

12:52always enter.

12:53>> Yeah.

12:53>> It's hard because we chlorinate the

12:55water.

12:55>> Okay.

12:56>> Some places don't chlorinate. So it

12:57obviously tastes better, right? But

13:00>> personally, I'd rather have chlorine in

13:01my water,

13:02>> right?

13:03>> We did win utility of the year. We've

13:06won it twice since I've been here.

13:08>> Okay.

13:09>> Yeah. And EPA uses us as they used us as

13:11a case model,

13:12>> right? They did a whole publication on

13:14us how the city rebuilt the water

13:16system.

13:17>> Yeah, I know the guild really

13:18appreciates you, but uh it's a

13:21>> we appreciate.

13:22>> Yeah, there you go.

13:23>> It's reciprocal for a number on speed.

13:30>> All right. Uh yeah, I guess that'll put

13:33that one to bed. Oh. Uh, number three,

13:36Council Moran.

13:37>> Collect a bargaining agreement by and

13:39between Teamsters Local 251 of the

13:41Bucket Water Supply Board for the period

13:43July 1, 2026 to June 30, 2029.

13:50>> Just to discuss it, but we've already

13:53just basically taken up, so we'll turn

13:55around and just move along. So let me uh

13:58motion's been made by council man,

13:59seconded by council rubio that we uh

14:02discuss the collective bargaining

14:03agreement between chiefs 251 and the

14:05water supply board for the period of

14:07July 1st 2026

14:09and to June 30th of 2029. All those in

14:12favor

14:13>> I

14:13>> Okay, we basically just did that. So

14:16council Rubio number four

14:18>> item number four

14:20>> is that what you do at three? Yeah, I

14:21guess. Yeah, because we

14:23>> I'll take a I'll make a re um

14:24>> I'll make a motion to approve for three

14:26>> and make the recommendation to the full

14:27council.

14:28>> Yes.

14:28>> Okay. It's been a motion's been made uh

14:31by council, seconded by councelor Rubio

14:33that we um make the recommendation to

14:35the full council to approve the teams

14:38contract of local 251 and the Pucket

14:41water supply board for the period of

14:42July

14:441st, 2026 to June 30th, 2029. Uh go up

14:49for approval on a roll call vote.

14:52>> Chairman Brennen. Yes. Council

14:53>> Moran. Yes. Council Rubio.

14:55>> Yes.

14:55>> Three to zero.

14:56>> Councelor Rubio. Number four.

14:58>> Item number four. An ordinance repealing

14:59replacing the schedule of pay rates for

15:01the local 251 in section 88-12 of the

15:05court of the code of ordinances of the

15:07city of Puck in 1996 teams 2026 through

15:112029. I move to approve on a roll call.

15:14make the recommendation to tend to the

15:16full council with with the the uh

15:19>> uh to approve to the full council. I

15:22have a second

15:23>> been made by council the a motion been

15:25made by councel Rubio seconded by

15:27council man that an ordinance repealing

15:28and replacing the schedule pay rates for

15:31local 251 in section 88-12 of the code

15:34of ordinance of the city of betucket

15:351996 teamsters 2026 to 2029 be approved

15:40on a roll call vote with the

15:41recommendation going to the full council

15:43for approval

15:45yes

15:46>> Maran yes council Rubio

15:47>> yes

15:47>> three to zero

15:48>> no more further business for the finance

15:50committee thank you gentlemen

15:52app.

15:54>> This should be on the docket on the

15:5623rd. Okay.

16:00>> You don't need

23:28I'm going to call to order this meeting

23:30of the Pucket City Property Committee.

23:33Um on what's the today's date? My gosh.

23:36The 10th at 6:15 p.m. Clerk, if you can

23:38call the role.

23:40>> Chairman Skak,

23:42>> you're here.

23:42>> Council Rusho. Council Moreno

23:44>> here.

23:45>> Three in attendance.

23:46>> Okay. Um I don't think there's any in

23:48person um public comment anything

23:50online. Nope. All right. So then we're

23:52going to move on right to number two.

23:53Council Rio if you can take it.

23:54>> Item number two is a resolution

23:56providing site control of 142 South Ben

23:58Street to the Pucket School Committee

23:59for the construction of a new unified

24:01high school in the city of Pucket.

24:03Motion is to take up this resolution.

24:05>> Second. It's been moved by councelor,

24:07second by councelor Mareno that we take

24:08up a resolution providing site control

24:10of 142 Southbend Street to the Pucket

24:13School Committee for the construction of

24:14a new unified unified high school in the

24:17city of Pucket. All in favor of taking

24:19up this resolution? I All right. Um,

24:22>> so I think this is pretty

24:23straightforward. Several months ago, uh,

24:25the city council as a body authorized

24:29the city of Kentucky to purchase the two

24:31lots that make up the Bench Street

24:33property. uh so that tree property and

24:36that was done in contemplation of having

24:39that additional land be used for

24:41purposes of the unified high school.

24:44There were actually more properties

24:45adjacent to that that we would have

24:47loved to have been purchased but that

24:48just didn't piano.

24:50>> Ultimately Kers and developers felt that

24:53it would still be good to purchase those

24:55two lots because it would help out the

24:57corner. And so um we did in fact uh

25:00close and once we closed uh I reached

25:04out had a conversation with Rick because

25:06and Bill Connelly from the school

25:08department because uh I came to recall

25:12that uh prior to the demolition boy but

25:15again in contemplation of the high

25:18school being built we had the council by

25:20way of resolution

25:22give and vest sight control in that land

25:26to the school department, our school

25:28committee, both and that was a

25:29requirement actually for the funding.

25:32>> Uh this is pretty much the same thing.

25:34And so I'm really just here to suggest

25:36that you folks do in fact recommend uh

25:40that the resolution be passed by the

25:43council giving investing site control on

25:47the school.

25:48>> Yeah. So so ultimately this is just the

25:50next step in what has to be done and

25:53that we have already resolved to have be

25:56done. Exactly. And and and right now the

25:58property is insured under the city's

26:01liability policy. Once site control is

26:04vested in the school department, it'll

26:05shift from that trust policy to the

26:08school department's trust policy and

26:09then the properties may be

26:11>> and and if I may, so that means where

26:14the school department then the school

26:15committee then can uh has the ability to

26:18utilize that land as part of the overall

26:20project once they get sight control, but

26:22until they get that site control, they

26:23cannot do anything with it. Correct.

26:25>> That's correct. Mhm.

26:26>> And I assume within a year or so, we

26:28won't even remember the end. [laughter]

26:32>> I'll make a motion to approve uh this to

26:34send to the full council for their

26:36approval.

26:36>> Second.

26:37>> There's a motion by councelor Rojo,

26:39second by council marino that we send

26:40this resolution with a recommendation

26:42for approval to the full council a

26:44resolution providing site control of 142

26:46Southbend Street to the Pucket City uh

26:49to Pucket School Committee for the

26:50construction of the new unified high

26:52school. Clerk, if you can call the role.

26:54>> Sc. Yes. Council

26:55>> Roua. Yes. Council

26:56>> Moreno. Yes. Read to zero.

26:59>> Motion to agenda.

27:00>> Second.

27:00>> All right. It's been motion to adjourn

27:01this meeting. All in favor? I

30:50I'd like to call to order the committee

30:52of claims appendent suits at 6:23 will

30:54call roll please.

30:56>> Rubio

30:57>> here.

30:57>> Council Roujo

30:58>> here.

30:58>> Council Moreno

30:59>> here.

31:00>> In attendance.

31:01>> Any public input?

31:03>> No.

31:03>> All right.

31:05Councelor Rujo, could you please take up

31:07item number two?

31:08>> Item number two is vehicle claims. The

31:11first one is Lisa Jones for $300 for a

31:13pothole. Motion to take up.

31:14>> Second.

31:15>> Motion made by councelor Roujo, second

31:17by council Miranda that we take up item

31:20number two for Lisa Jones for a pothole.

31:23$300.

31:28Any discussion?

31:29>> Looks pretty straightforward to me. It

31:30was uh brought in in time to the clerk's

31:32office and pothole was inspected 85 and

31:35immediately filled and the claim came in

31:37at 8:4. So to me this looks like

31:39something we should approve.

31:41>> So I'll make that motion.

31:43>> Motion's been made by councelor Rouge,

31:44second by councelor Moreno that we

31:46approve Lisa Jones for the amount of

31:47$300 for a pothole. Will call roll,

31:50please.

31:52>> Rubio.

31:53>> Yes.

31:53>> Council Arushio.

31:56>> Yes.

31:56>> Council Moreno. Yes.

31:59>> On three to zero.

32:02>> All right.

32:03>> Council Mareno, please.

32:04>> Yep. Um, next up is a claim from

32:10no

32:13oh orca

32:16salah in the amount of

32:23un,3

32:26and and 50

32:30dollars. So I'm the I'm for a

32:35hole. I move we take the

32:42name up. Second.

32:44>> Motion's been made by councelor Moreno,

32:45second by councelor Roujo that we take

32:47up Norca Gana for the amount of $1,350

32:51for a pothole. Any discussion?

32:54>> Yes. Um this one's also pretty cut and

32:57and and it's dry. Um it seems as if the

33:02location that had happened was in the

33:04city of Central Falls.

33:07So

33:13um um um so I would

33:22I that

33:27amen.

33:30and um and um we defer it

33:35to um

33:38one central second.

33:40>> Motion's been made motion's been made by

33:42councelor Moreno, second by councelor

33:45Arujo that we deny and refer this claim

33:48to Central Falls.

33:51Am I correct?

33:53>> City

33:55of Central Falls.

33:56>> City of Central Falls. Um

33:59the call roll please.

34:01>> Rubio.

34:02>> Yes.

34:03>> Yes. Council Moreno.

34:04>> Yes. Three to zero.

34:05>> Okay. The next one is uh a claim by Juan

34:08Hernandez for $680.96

34:10for pothole. My motion is to take it up.

34:12>> Motion to by council, second by

34:14councelor Moreno that we take up Juan

34:16Hernandez for the amount of $680.96

34:19for a pothole. Any discussion?

34:21>> Yes, man.

34:22>> Yes, please. Um it looks like uh Frank

34:24uh council me rather uh it looks like

34:26this is past the seven days of

34:28occurrence to report date. Is that

34:29correct?

34:31>> Uh that's uh that's what we have as a

34:33precedent and we we stick to that. So

34:36I'm going to because it was um um not it

34:40passed that seven days uh of the

34:42occurrence. I'm going to make a motion

34:43to deny.

34:44>> Second. Motion delayed by councelor

34:46Rogers, second by councel Morano that we

34:48deny Juan Hernandez for the amount of

34:50$680 for 96 and 96 cents for a pothole.

34:54Uh quickly call roll, please.

34:56>> Chairman Rubio.

34:57>> Yes to deny.

34:58>> Yes.

34:59>> Yes. Three zero.

35:01>> All right.

35:02Next up is a claim from

35:06Bernard Connell Graci Junior in the

35:09amount of $140 for a tow. I move that we

35:12take this item up.

35:13>> Okay. Motion's made by councelor Roujo,

35:15I'm sorry, by council moreno. Second by

35:18councelor Roujo that we take up a nod

35:20Donald Gy Jr. for the amount of $140 for

35:23a toe. Any discussion?

35:26>> Yes.

35:28>> Um um chair. Um,

35:31how honestly as I was reviewing this,

35:34all I

35:36saw

35:41was that the um the car

35:50was on the

35:53road car adequate. No, no.

35:58Oh,

35:59of no.

36:04And who

36:07was um

36:14I I

36:23so I don't see how we could approve

36:25this, but I'll open it up to my

36:28colleagues

36:30>> if I may. I, you know, though I, the

36:33explanation was very good from Mr.

36:35Graci. I mean, we're pretty consistent

36:37with this stuff. Um, and I, you know, I

36:41I would have a hard time breaking from

36:43that consistency. And you know, I

36:46thought about maybe, you know, with his

36:49explanation, but you know, we have to

36:51be, we've been pretty consistent with

36:52these, you know, um, storms with the

36:56parking b. And we do have to pre-treat

36:58or get these, you know, roads cleared

37:00ahead of time. Um, it's just what we do

37:03and everybody follows that rule and we

37:06put it in into one parking van. If they

37:09don't, they didn't get towed. So, yeah.

37:12Although I feel for the explanation, I I

37:14just think they, you know, pretty need

37:16to be consistent with this.

37:17>> Okay. Do we have a motion?

37:18>> Motion to deny.

37:20>> Second.

37:20>> Motions have made by council, second by

37:22council Miranda that we deny Bernard

37:24Donald Gross from Junior for the amount

37:26of $140 for a

37:29um Rick, will you call the role, please?

37:32>> Chairman Rubio,

37:33>> yes.

37:34>> Yes.

37:35>> Dr. Moreno,

37:36>> yes.

37:37>> Okay. The next one is uh a claim,

37:41vehicle claim from Megan Loyel, $375 for

37:45vehicle damage. Most to take up

37:47>> motion made by council, second by

37:49council Moreno that we take up Megan

37:50Loyel for the amount of $375 for vehicle

37:53damage. I move to take this up.

37:58>> Yeah, I want to take um All right. So,

38:00this one still another one that's pretty

38:02straightforward. Um it would happen on

38:04Benefit Street was mil by Vanagro. So,

38:07um I believe that um that Megan Loiselle

38:11should uh reach out to them and they

38:13even gave a name. So, my motion would be

38:16to deny this claim and refer to umro

38:22uh to their representative Scott

38:23Campbell.

38:26>> Second. Motion has been made by council,

38:28second by councelor Moro that we deny

38:30Megan Moyel for the amount of $375

38:34for a vehicle damage and refer to

38:36vinagro

38:38uh bricky quilro.

38:41>> Yes.

38:42>> Yes. Council moreno.

38:43>> Yes. Three to zero.

38:45>> Item number three.

38:46>> Item three is a property claim from Irma

38:50VZ parent in the amount of $94 and it is

38:53for property damage. I move we take the

38:56item up. Second

38:57>> and it's been [clears throat]

38:59motion made by councelor Moreno, second

39:01by councelor Arujo that we take up par

39:04who's a parent or who is a parent?

39:07>> Oh, parent.

39:09>> Okay. Uh for the amount of $94 for a

39:12property for property damage. I move to

39:14take this up. Any discussion on this?

39:17>> Yes. Sh.

39:19>> Yes, please.

39:20>> All right. Um here like I don't um

39:26So I don't think it's any question that

39:27the claimant has a law loss. However, um

39:35in our claims packet um the um the the

39:41the the um the city

39:45um um um select has

39:53that it is his view that the loss isn't

39:57the responsibility

39:59of these

40:01this um this um this um the city um so

40:06uh uh

40:09alert has anything changed or is that

40:14still the view?

40:16>> No, I that was really my only uh input

40:18on this.

40:21I look see who actually owned it against

40:25something

40:28housing authority but it looks like it's

40:30not housing

40:32>> privately owned.

40:33>> Yes.

40:34>> Yeah. Geneva. Yes.

40:36>> It's it's definitely not us.

40:38>> Okay.

40:38>> We're not responsible.

40:42>> Do we have a motion?

40:43>> Yes. Um I would like to make a motion.

40:47Who? No. No. No. No. No. No. No. I

40:51>> in refer to Geneva LLC, right? Does that

40:56>> waver? Yeah.

40:56>> I mean, you could not sure that

41:00>> I don't want to interrupt your motion.

41:02>> So,

41:03>> yeah. Yeah.

41:05>> All right. Motion's been made by

41:06councelor Roujo, second by councel, I'm

41:09sorry, council moreno, second by

41:10councelor Roujo

41:12uh that we deny and uh refer to Geneva

41:15LLC forma

41:19uh for the amount of $94 for property

41:21damage.

41:22>> If I may, the only reason why I think we

41:23should refer it because then it gives

41:25the claimant an opportunity or direction

41:26to say, you know, she lost n they lost

41:29$94 worth of, you know, product. At

41:31least we give them an avenue where they

41:32can explore to try to get it, you know.

41:34Absolutely.

41:35>> Sounds good. Call

41:37>> roll. Rubio.

41:38>> Yes. To

41:39>> deny. Moreno.

41:41>> Yes.

41:42>> No further business before us. I move to

41:46ajourn. I

52:50Webster acco may need

52:54evening everyone and welcome to

52:56operation street chambers tonight city

52:58council and board of lake commissioners

53:00meetings. First thing on our agenda

53:02tonight is uh public input. There is no

53:05one signed up in person and there was no

53:08one online uh for public input but we do

53:12have one written bit of public input

53:14from uh David Higgins from Hillside

53:19Adams uh regarding uh blocks.

53:23So that has been received.

53:26Thank you.

53:28Um

53:30for the border license commission this

53:32meeting

53:33come order to call the role.

53:40>> President Mercer

53:41>> here.

53:42>> Councelor Rio

53:43>> here.

53:44>> Council Kodak

53:45>> here.

53:46>> Council Gregor

53:47>> here.

53:47>> Council Moran

53:48>> here.

53:49>> Council Moreno

53:50>> here.

53:50>> Council Rubio

53:51>> here.

53:52>> Scoiet

53:52>> here.

53:53>> Council Wine

53:54>> here.

53:54>> Nine to zero. Item item number one, I

53:57call for approval of the previous

53:58minutes from August 19th, 2026.

54:02Moved

54:02>> by council by council. We'll be giving

54:05for the minutes from the August 19th

54:08meeting of the board of license

54:10commissioners. Uh any

54:14deletions

54:16there none. All in favor? Motion carry.

54:19I call for approve item number two, the

54:21consent agenda and item number three uh

54:23petition uh petition for licenses

54:26starting with entertainment which is a

54:28petition for Kentucky Film Festival for

54:30license to have a 27th 27th annual

54:33Kentucky Film Festival down to the

54:35second page on the waist haulers renewal

54:37LMP construction

54:40moved by councelor Routo

54:43that we give approval to items two and

54:45three the consent and vendor and

54:47petitions for

54:49This is the license

54:52festival for entertainment placement

54:54down to firearms kitchens

54:58house

55:01and late

55:04motion approval of walls discussion

55:09all in favor

55:10motion car one second so uh I know

55:14there's at least one um applicant here

55:18from Cal Kalian Mexican Grill. That's

55:21better. You can go, sir. Uh I'll just

55:23read the rest of them off. Uh uh uh

55:26competition shooting supplies, lost

55:28treasures, uh pigeon law for games,

55:33um savers marked, and the local shop on

55:37New Forest Avenue as well as two waste

55:40forward. Okay. So here that those

55:44licenses, you're free to go.

55:48Sorry.

55:49>> Thank you. No problem. Item number four

55:51is communication from Nam Khan, owner of

55:53the Wise Guy Deli, M Y NK Incorporated,

55:56511 Broadway to the Protective Board of

55:58License Commissioners requesting name

56:00change from Wise Guy Deli to Leonardo's

56:03Pizza and Bride Check. Motion to take up

56:05the screen.

56:08>> Second by

56:14Khan of Wise Guy Delhi

56:17Lake in 51.

56:21>> Yes. A name change from Yado

56:26motion is

56:29the matter favor

56:33must come with a resist.

56:38>> Um yeah, this is just I guess it's a uh

56:41a name change only. Um so I don't have

56:45any other issues with it. I don't if

56:46there are any questions for that, but I

56:47would I would just make a motion to

56:49approve it. The

56:49>> second move that Second by councel land

56:53councelor building approve be given to

56:55the request of name change from wise

56:56guys deli to leonado fried shake

56:59discussion all in favor motion carry.

57:02Item number five, a petition for license

57:03entertainment and expansion of premise

57:05one day petition of Rockbar PCC Ventures

57:07Incorporated for a license to have a

57:09cornhole tournament and for a one-day

57:12expansion of the glass TV liquor license

57:13to serve food and alcoholic beverages at

57:16451 Prospect Street outdoors on Friday,

57:18September 25th, 2026 from 8:00 p.m.

57:21until 1:00 a.m. Amplified sounds must

57:23end by 11:00 p.m. License number

57:25DBT-26-7.

57:28Motion to take up. Second approved by

57:30councier

57:32set up license for entertainment expans

57:36for one day barcode

57:40permit one day expans

57:47Friday September 25th from 8:00 p.m.

57:49until 1 a.m. handle that must end by 11

57:54p.m.

57:566-7

57:58motion to take up.

58:01>> Uh, thank you, Mr. President. I spoke

58:03with the owners of Rockspire and the um

58:07the way they're doing this event is the

58:09same way they've done other events.

58:10They've been running it very organized

58:13and they follow all the rules. And I

58:15would like to make a motion to approve.

58:19that council go back by council council

58:23and approve the g to the petition of

58:24rocks bar to have an out of one day the

58:29premise

58:3025th from 8 p.m. until 1 a.m. the

58:33stipulation of the amplified sound

58:36again. Any discussion on the motion to

58:38approve? All in favor? Motion carry

58:41>> six.

58:43President before we go to number six. U

58:46the petitioner has asked to withdraw the

58:49request. So before council reads through

58:52it, I just figured if you just want to

58:54accept

58:56a motion to withdraw. Okay.

58:58>> Uh that would be a lot easier.

58:59>> Do we have that in writing right now?

59:00There's somebody he calls me and and and

59:03told me he asked me to turn around with

59:07that case. We will withdraw item six

59:11for license for entertainment and uh

59:13class F and a class F one uh

59:20for

59:22September

59:24both. Yes. No September 195.

59:28So we are Yeah.

59:30over professor item.

59:33>> Okay. Um

59:35>> Okay. So item seven as advertised for

59:38public hearing automobile automobile

59:40repair shop and secondhand shop licenses

59:42class A and B selling used automobiles

59:45and parts transfer Mo Auto Saling

59:48Service 19 Benefit Street LLC 19 benefit

59:52street license number AUT26-11

59:55transfer from Moe's Auto Sales and

59:58Service Incorporated. My uh motion is to

1:00:00convene the public hearing.

1:00:03>> Council Moran public hearing automobile

1:00:07shop license

1:00:12transfer auto sales and service

1:00:21transfer from Mo Auto Sales Service Inc.

1:00:25public hearing the hearing. Anybody from

1:00:30here?

1:00:33Are you involved with this? If you'd

1:00:34like to come forward, please.

1:00:44Are you the transfer?

1:00:48Yes, I'm the legal owner of

1:00:52um did you did your name address

1:01:18118.

1:01:22>> Okay.

1:01:23>> Mr. Mohamad Assan 1188 Chuck Stone

1:01:27Avenue Providence.

1:01:30>> Okay, Mr. Tom, thanks for coming down.

1:01:31This uh propos is right at the end of

1:01:34Tree with uh

1:01:37>> Yeah, right. That's in district. So, I'm

1:01:40gonna turn this over to you. Okay.

1:01:42>> Okay.

1:01:42>> Muhammad, how are you?

1:01:43>> Good. How are you?

1:01:44>> Very good. I know we spoke before,

1:01:46actually as well. Um, if you want to

1:01:48just explain to the board what you want

1:01:49to do again, um, if you want to mention

1:01:51to them the kind of work that's going to

1:01:53be done there, maybe like the hours of

1:01:54operation, how many days a week?

1:01:57>> Uh, okay. So, they have a auto repair

1:02:00inspection

1:02:02and dealer license.

1:02:04So, it's whatever they have, we're going

1:02:07to do the same thing. and opens from

1:02:10Monday through Friday uh 8 to 7

1:02:15and Saturday

1:02:17like 8 to 2 km.

1:02:21>> How many people we've worked in the when

1:02:23you first started?

1:02:24>> Uh I am going to hire mechanics

1:02:29my son a lot of people.

1:02:31>> Okay. And has he ever run one before? Is

1:02:34this will be his first time doing it?

1:02:35>> Yeah.

1:02:37>> Um

1:02:40Just to let you know too, Muhammad's

1:02:42gonna tire a shop down the street. It's

1:02:44probably what a couple just a block down

1:02:46the road. Actually, two blocks down the

1:02:47road. So,

1:02:49>> yeah. It's across from the Portuguese

1:02:51soldier there and stuff. So, he can keep

1:02:53an eye on his son, right?

1:02:56>> Um, so basically auto repair, license,

1:03:00things like that, inspections and

1:03:02everything.

1:03:02>> Yes.

1:03:03>> Um, and you said hours of operation

1:03:05again, 8 to 7, Monday to Friday.

1:03:07Saturday is going to be 8 to 2.

1:03:08>> Yep.

1:03:09>> How many days do you have there again? I

1:03:11know I've been there.

1:03:15>> Okay. And do you plan on doing any type

1:03:17of renovations of the place or pretty

1:03:19much you don't you think it's all good

1:03:21enough to go?

1:03:22>> Yeah. Maybe in future not right now.

1:03:25>> Okay. But not nothing to do with tires

1:03:27there though. That's going to stay down

1:03:28the street.

1:03:29>> Tire over here.

1:03:33I don't have any other question right

1:03:35now.

1:03:37I think the ordinance like uh for auto

1:03:40repair they will be only open till 6

1:03:44>> in in a residential line.

1:03:48>> 6 would have been my

1:03:52Saturday.

1:03:53>> Purchasing purchasing this from

1:03:56>> Yes. Been business a long time. uh super

1:04:0140 years old retirement I assume.

1:04:06Anybody have any other questions? Miss

1:04:10that case. Uh just stay up for one

1:04:12second. This is a public hearing. Is

1:04:13there anybody else here tonight in

1:04:16person to speak on this application for

1:04:19a transfer?

1:04:23>> Um is anybody currently waiting online

1:04:26to uh speak at this public hearing? Can

1:04:28you please press the raise hand button

1:04:29at this time?

1:04:32And I see no hands raised.

1:04:34>> I would call you a motion. President,

1:04:38I'll make a motion to approve the auto

1:04:40repair shop. Second shop licenses

1:04:42classes A and B selling used automobiles

1:04:44and partial transfer. Mo Auto Sales and

1:04:47Service 19 Benefit Street LLC 19 to19

1:04:50Benefit Street License number AUT 26-1

1:04:54transfer from Moe's Auto Sales and

1:04:56Servicing. Motion to approve.

1:04:58>> Moved by C. Second by C Morel with

1:05:00approvals to the US field job second

1:05:04license by AMD selling auto parts

1:05:06automobile parts auto sales service 1973

1:05:10benefit LLC. Uh a transfer from MO auto

1:05:14sales and service motion for approval.

1:05:17Any discussion on the motion? All in

1:05:20favor? Motion carried sir.

1:05:22>> Good luck ma.

1:05:26Sorry to interrupt again, but uh it the

1:05:29clerk uh pointed out to me that maybe we

1:05:31should circle back to number six in the

1:05:33the bottom section is a different

1:05:35license. Uh and I'm wondering if that

1:05:37group was here. I don't want to because

1:05:40he said both of them at that point on

1:05:42their license.

1:05:44So let me can I ask if there are folks

1:05:47out in the audience from Latinos

1:05:52Rhode Island? Okay. Um, come forward,

1:05:56please. And then just give us a set.

1:05:59>> Yeah. It's odd because it didn't have a

1:06:00number on it, so I didn't even

1:06:01>> Yeah. Yeah. You know, you said usually

1:06:03it's these probably A and B with those,

1:06:05but

1:06:06>> Okay. So, all right. I'm going to go.

1:06:08So, as uh we mentioned before, um in

1:06:11petition for license six, we're going to

1:06:12call it A. Um was um withdrawn. But the

1:06:16next one is an entertainment and class

1:06:19F1 full privilege, a petition of Latinos

1:06:22United's Day, Rhode Island for a license

1:06:25to conduct a Mexican festival, 2026, and

1:06:28to sell alcoholic beverages at 354 Pine

1:06:31Street Outdoors on Sunday, October 18th,

1:06:33[clears throat]

1:06:342026 from 11:00 a.m. until 9:00 p.m.

1:06:37License number ET26-81.

1:06:40motion is to take [clears throat] this

1:06:41uh entertainment and class F1

1:06:45license propel

1:06:49that we take up petitions

1:06:52in Rhode Island for the license festival

1:06:562026

1:06:58complet

1:07:00Sunday October 28 2026 11 a.m. till 900

1:07:04p.m. license number uh EBT-68

1:07:13and you are the applicant

1:07:15>> correct and you do wish to move forward

1:07:17with this kind of

1:07:19>> we'll do a mix up on our end you just

1:07:20please give your name and your address

1:07:22>> yeah Martinez 14 Street North

1:07:30>> okay

1:07:32>> um so obviously we know as a board you

1:07:35have organized a few events. Um I think

1:07:37we asked sort for world cup events on

1:07:40businesses. Um so tell us a little bit

1:07:43about what this um this petition is for

1:07:47in terms of a Mexican festival.

1:07:49>> Yeah. So as you guys know we're going to

1:07:51have one on Saturday, the watermelon

1:07:53festival. Yes. All of you guys are

1:07:55welcome to see our work in person. um

1:07:57and how we always maneuver all security,

1:08:00detail and food vendors and artists all

1:08:04at the same time. Um it was approached

1:08:06to us that they the community also wants

1:08:09to do a Mexican festival. They want to

1:08:12be part of it. So I said okay we'll try

1:08:16to do one same same rules and everything

1:08:19and the organization is is all based and

1:08:23this is the P

1:08:25or

1:08:25>> Yes. And you already went through them

1:08:28for approval for the lot.

1:08:29>> Yes.

1:08:30>> Okay.

1:08:31>> Um what is your estimated turn out you

1:08:34believe for the total day?

1:08:37>> For amount of people I would say um from

1:08:41600

1:08:44>> but throughout not once obviously.

1:08:46>> Yeah.

1:08:47>> And then um what is your security

1:08:49details for this event? So because we

1:08:52have for the city, we have two police in

1:08:56the morning and two in the afternoon.

1:08:58They split up. Same thing with uh the

1:09:00fire department and then we have our 25

1:09:03um security guards throughout the whole

1:09:05premises.

1:09:07>> Um and then uh what about parking?

1:09:10parking. We use our um neighbors who are

1:09:14friends of ours which I've sent letters

1:09:17before of the owner that um owns the

1:09:20mattress depot. And then we have city

1:09:23parking who's also the back and they're

1:09:26giving people options and that'll be

1:09:28informed that the train is also useful

1:09:30so it doesn't get congested.

1:09:33>> What is usually your plan when it comes

1:09:35to cleanup time if it's ending at 9

1:09:36p.m.? Uh we have people throughout the

1:09:39day to pick up and then we have also um

1:09:42uh separate

1:09:44entrances that cleans up and makes make

1:09:47sure that no nothing happened there just

1:09:49like with the festival

1:09:51>> and is it um a band for this one too or

1:09:55>> um it's going to be three bands and

1:09:59obviously you know about like notes or

1:10:01eventually you've gone through this with

1:10:03your access um does anybody have any

1:10:05other questions but thank

1:10:08members.

1:10:13It's not a public hearing, so please

1:10:14make a motion. Feel free.

1:10:16>> Then I move to approve this license from

1:10:19Vetos United Rhode Island for their

1:10:22Mexican festival 2025.

1:10:25>> Any discussion on motion to approve?

1:10:28>> All

1:10:30motion carried. We're all set. Thank

1:10:31you, President.

1:10:33You guys

1:10:38>> I um council president before I take

1:10:40number eight I'd like to amend the

1:10:41agenda if I can introduce the letter

1:10:45second by council that amending the

1:10:47agenda for the purpose of introducing a

1:10:49letter before item eight. Any discussion

1:10:52on amending the agenda? Favor. Motion

1:10:56carries. I I'd like to make a motion to

1:10:59read, order, and file a um a letter from

1:11:02Safi Law Associates. Uh um we object to

1:11:07uh the transfer of the license that's

1:11:08coming up uh with Southern Glazia

1:11:11Beverage for $2,828,

1:11:13Mancini Beverage for $20,494,

1:11:16and CNC distributing uh for $30,985.

1:11:22Second

1:11:28Move by the second by

1:11:34that we introduce and file a letter of

1:11:37stop associates

1:11:40on the behalf of uh Southern Beverage

1:11:44Company and beverage company

1:11:46distributing. We got second lines and

1:11:50scarce. Um, we've got three different

1:11:54amounts selling laser beverage company

1:11:56$2,828,49485.

1:12:12>> Also, Mr. President. Uh, I would like to

1:12:14make uh a motion to amend the agenda so

1:12:17I can introduce um

1:12:19>> Guad

1:12:22second by that we amend the agenda for

1:12:24the purpose of introducing a port order.

1:12:28Any discussion on amending the agenda?

1:12:30All in favor? I motion carried.

1:12:33>> Make a motion to read order and file um

1:12:37a superior court order appointing a

1:12:39temporary special master with powers of

1:12:41receiverhip. Uh regarding the next item

1:12:43on number eight,

1:12:45>> move that council my council that we

1:12:49introduce file

1:12:52a fourth order to allow superior court

1:12:56ordering and appointing a temporary

1:12:57special matter with hours of the

1:12:59receiver regarding

1:13:02the

1:13:03>> class a transfer

1:13:04>> class a transfer on the agenda. Any

1:13:08discussion of filing the fourth quarter?

1:13:14All in favor?

1:13:15>> I motion.

1:13:16>> Item number eight, public hearing. Uh,

1:13:19as as advertised, public hearing, uh,

1:13:21class A, transfer of Tucket Wine and

1:13:23Spirits, AJ Lickers LLC, 368 Cottage

1:13:25Street, license number LQA, 26-3,

1:13:29transfer from City Boy LLC. My motion is

1:13:32to convene this public hearing.

1:13:34>> No, no.

1:13:35>> Take it up.

1:13:36>> Take it up. Take up the matter.

1:13:40>> Move by council. Second by council man

1:13:42that we take up the matter of a class a

1:13:44transfer regardless of spirit a liqu

1:13:48360 license

1:13:53a transfer.

1:13:56So would you like to come forward?

1:13:59>> Yes. Um good evening ladies and

1:14:01gentlemen. I'm William Delaney. I'm an

1:14:02attorney admitted to practice law in

1:14:04Rhode Island. I'm the uh courtapp

1:14:05appointed special master.

1:14:07>> Okay.

1:14:07>> Um I dropped I dropped by uh city clerk

1:14:12this morning with regards to paperwork

1:14:14the pleadings that I believe that um

1:14:17the council just attemptly introduced.

1:14:20Uh the superior court uh entered the

1:14:24order appointing me um following hearing

1:14:29on August 26th. Um, I took possession,

1:14:32custody, and control relative to the

1:14:34site. Uh, met with the principal of the

1:14:36company, Mr. Coley, uh, a couple of

1:14:40times, spoken to the accountant. I've

1:14:43also spoken, I don't know if he's here

1:14:45yet, but there is a purchase and sales

1:14:47agreement that was executed, which is

1:14:49the subject of what's here before you

1:14:51tonight, that needs to be stayed by

1:14:53operation law. As most of you know, uh

1:14:56the receiverhip is a is a state law

1:14:58remedy similar to a bankruptcy. So we

1:15:02need to have the dust settle in regards

1:15:03to that. Um the purchase and sales

1:15:06agreement that I referenced was between

1:15:08Alexander Joseph Lion and the entity

1:15:10itself um involving the purchase and

1:15:13sale not only of tangible assets but

1:15:16subject to the court I was excuse

1:15:17subject to the council of the transfer

1:15:19of the liquor license. So what that has

1:15:22to what in plain English what needs to

1:15:23be done is this needs to be digested.

1:15:26This needs to be negot negotiated again

1:15:29uh finally submitted for purposes of

1:15:32submission to the court and what's

1:15:33called a petition to sell assets free

1:15:35and clear of leans again subject to the

1:15:38city subject to me filing a timely

1:15:42application as what was to be presented

1:15:44to you tonight for hearing. So I would

1:15:47anticipate being able to do that and

1:15:49consummate that portion of my work

1:15:52before the end of this month. It all

1:15:54depends on what the calendar is of the

1:15:56business calendar which controls this

1:15:59particular case.

1:16:02>> I have two questions. Yes sir. First is

1:16:04is the current license

1:16:06that

1:16:07>> Yes. Well with with my with my keeper.

1:16:10>> Yes. Al um Al Al Christopharo has been

1:16:13working with me for well I've been a

1:16:14receiver over 35 years so he's been

1:16:17working with me hand and glove for that

1:16:19period of time there have been no

1:16:20problems with regards to the transition

1:16:23um we all understand what needs to be

1:16:25done relative to that um and uh I don't

1:16:28have any problems uh anticipated if

1:16:31there are I take over close the doors

1:16:34comes in the regular working hours and

1:16:36we'll contact the police department

1:16:38contact the fire department with regards

1:16:40transition if if that ever god forbid

1:16:42came back

1:16:44>> and you said it's going to be negotiated

1:16:46between different however that's

1:16:48different entities

1:16:51>> in other words I have a new region

1:16:54>> yes sir different entities or

1:16:58>> right now I don't have any indication

1:17:01that the potential that the purchaser

1:17:03the applicant relative to the transfer

1:17:06tonight which I'm not going to report

1:17:08that they will not be the purchaser of

1:17:12the petition to sell.

1:17:14>> I add

1:17:17this question.

1:17:18>> Should we simply

1:17:22postpone this at the company of same

1:17:23entities or

1:17:25>> so be considered to be withdrawn?

1:17:27>> Yes, sir. Request of the special master.

1:17:30>> It h yes by operation of law it needs to

1:17:32be visiated. Yes.

1:17:35>> What then do we need to do? Don't vote

1:17:38to pay. Frank will stone maybe

1:17:40indefinitely and so they come back

1:17:42everything.

1:17:43>> Now if the if the receiver if the

1:17:45receiver is suggesting that the matter

1:17:48is withdrawn then it's withdrawn. It's

1:17:51that simple and you don't have to worry

1:17:52about postponing it.

1:17:54>> Okay.

1:17:54>> Okay. And the clerk will note that this

1:17:57matter has been withdrawn

1:18:00um after file the special.

1:18:03>> And just so you know had I known this

1:18:06you this never would have made the

1:18:07calendar. I would have talked to my

1:18:09brother and this would have been never

1:18:11before y'all. But this happens all the

1:18:14time. It's always the 11th hour, the

1:18:16minute before the before midnight. Yeah,

1:18:19>> that's what happened with me.

1:18:20>> But I appreciate you coming down and

1:18:22alerting us and we'll wait till you hear

1:18:26back on that matter.

1:18:27>> Fine. And thank you very much. I

1:18:29appreciate your time. Thank you.

1:18:32>> Item number nine, the following public

1:18:33hearing and petition for license was

1:18:35postponed at the meeting held August

1:18:365th, 2026 and is again taken up. Auto

1:18:39repair shop new career auto repair

1:18:41professional auto repair LLC 102 Essen

1:18:45Avenue license number AUT26-8

1:18:48previously Woodlon Village. My motion is

1:18:52to reconvene public hearing. Council

1:18:55second by council record that the

1:18:57following public hearing and petition

1:18:59license

1:19:03taken up close shop

1:19:06auto repair special auto repair LLC

1:19:10license

1:19:14previously woodpeck

1:19:23Open the public hearing regarding this

1:19:26matter. Is there anybody from a hotel

1:19:29here?

1:19:34Anybody from Woodlon Village

1:19:52that I A motion postpone one more time

1:19:56rather everybody.

1:19:59>> So move to postpone this public hearing

1:20:02um up to the next meeting or to the next

1:20:05council meeting the last meeting of

1:20:07September

1:20:07>> 23rd.

1:20:09moved by Councilman, seconded by

1:20:11Councilman Bren that we continue this

1:20:14matter

1:20:16repair shop move

1:20:20the next meeting in September which is

1:20:22September 23rd

1:20:24with the request that the court

1:20:28date.

1:20:32All in favor

1:20:35probably should have the public hearing

1:20:37if everybody's here to speak so you

1:20:39don't have to read advertise I actually

1:20:42have not

1:20:44closed public hearing. Is there anyone

1:20:45here tonight at the public hearing to

1:20:49speak on this matter

1:20:53online?

1:20:53>> If anybody's currently online waiting to

1:20:55speak for this public hearing, can you

1:20:57please press the raise hand button at

1:20:58this time?

1:21:01I see no hands.

1:21:03>> The motion will be

1:21:06public

1:21:08with you.

1:21:08>> Yes, you

1:21:12just so I'm clear with any notice of the

1:21:14the date today.

1:21:17>> Yeah, when after the last meeting we

1:21:20told them.

1:21:20>> Okay.

1:21:22>> So,

1:21:22>> all right. So, we we are continuing this

1:21:24public hearing until the 23rd. Any

1:21:26discussion? All in favor? together.

1:21:29>> I'd like to take item 10 and 11

1:21:31together. Would that be okay?

1:21:32>> All right. So, item number 10 is report

1:21:34from Kyle J Johnson, director of zoning

1:21:37and code enforcement for the board of

1:21:39licensed commissioners Tiki Auto Sales

1:21:41inspection reports from June 25th, July

1:21:442nd, July 9th, July 16th, July 30th, and

1:21:48August 3rd, 2026. My motion is to uh

1:21:51file and take up this uh communicate uh

1:21:54the reports and

1:21:57independently or

1:21:59>> um yeah we'll do it independently

1:22:03second

1:22:05that uh reports Carl Johnson director

1:22:11commissioners regard sales spectrum

1:22:14reports 25th July 2nd July July 30th

1:22:18August 36 August 13 of 206 uh violence

1:22:24any discussion on that favor I

1:22:29>> Yeah, no problem. Number 11, uh the um

1:22:32the update from the following license

1:22:34originally scheduled for August 5th,

1:22:362026 is taken up. Automobile repair shop

1:22:40and secondhand shop licenses class A and

1:22:43B selling used automobiles and parts.

1:22:45Tiki Auto Sales Annex RZG Incorporated

1:22:48772

1:22:50Main Street license number AU2 AUT 24-68

1:22:55with the stipulations of one no

1:22:57mechanical repairs in the front of the

1:22:59building. Two, no debris in the back.

1:23:02Three, all work must be done inside the

1:23:04building. And four, all vehicles in the

1:23:07front are for sale only. And that took

1:23:10place on January 23rd, 2013.

1:23:15hospitalizers

1:23:252020

1:23:27mobile repair shop

1:23:29license AMG used automobile parts auto

1:23:3672 main street license

1:23:40there are four stipulations put in place

1:23:42by the board

1:23:443 they bought a building over here and

1:23:47some of those buildings will be pretty

1:23:51build

1:23:54only. Uh we will take this matter up. Is

1:23:57there anybody here for teachbody

1:24:06record

1:24:08for a moment?

1:24:12This is kind of an Right.

1:24:14>> Yes. Uh good evening.

1:24:18>> So, uh per the uh uh directions of the

1:24:21city council, uh I as you can see, I've

1:24:24uh visited the site several times. Uh

1:24:27every time I've gone there, uh pretty

1:24:31much the same situation with uh with the

1:24:33cars uh in the front being worked on. Uh

1:24:38trash, some debris on the on the lot as

1:24:40well. Um car parks. That being said, the

1:24:46uh we're at a and just to refresh the

1:24:50council's memory, there's a ongoing

1:24:52legal uh situation uh as this uh the

1:24:58quoteunquote tenant right now. Yeah, the

1:25:01father is supposed to sell the property

1:25:02to the son has uh has not gone through

1:25:06now that they are in a a legal battle

1:25:08from superior court. So, uh, right now,

1:25:12as you said in one of the, uh, the

1:25:14stipulations that all all the cars

1:25:15should be stored in the back of the

1:25:17building. Those of you who have been out

1:25:18to the property, the back of the

1:25:19building is actually a separate lot,

1:25:21which is locked, uh, the locked gate.

1:25:24So, the tenant is not able to put the

1:25:26cars in the back. So, uh, like I said,

1:25:29not here to make excuses or all that. I

1:25:31just want to, uh, share my observations

1:25:33for when I was out there.

1:25:39Well,

1:25:41yes. I start by just

1:25:50damaged.

1:25:52I'm not sure why

1:25:56doesn't

1:26:02several of those he stole

1:26:07cars actually

1:26:10got along the line from those still

1:26:13there.

1:26:15>> So towing those would be a police

1:26:17matter. It's not a zoning. So uh I will

1:26:20share that with the police department.

1:26:22Uh but just to uh again I every time I

1:26:26went out to the property I mentioned

1:26:27those cars to Mr. Garcia and uh he's he

1:26:31promised me that they would be off. Uh

1:26:33finally on my my I I did blow out

1:26:35yesterday as well counselor. Um but the

1:26:38time I was out there uh at the last time

1:26:42I believe it was the end of August he

1:26:44said well I know I have until September

1:26:4510th. So everything be done by September

1:26:4710th. And that's why I went out there to

1:26:49confirm as you can see. and council you

1:26:52saw what you saw out there as well.

1:26:54Thank you actually.

1:26:59I do want to see if you talk please

1:27:03um

1:27:05direct pretty much

1:27:09change better

1:27:12to show you that

1:27:15um

1:27:17I'm turn

1:27:21those pictures today. I just came back

1:27:24from Walgreens to get these

1:27:29>> hand.

1:28:13I say while council was looking at I

1:28:15want to thank u to director Johnson for

1:28:17going out and doing your due diligence.

1:28:18I know you've been out there quite a few

1:28:20times and you know you're really doing

1:28:22your due diligence there. So thank you

1:28:23for for your efforts and your patience.

1:32:27I'm ready.

1:32:47Where do I talk about?

1:33:03Is there

1:33:49American.

1:34:44October

1:34:47going to

1:35:00rely on

1:35:08I'm not ask

1:35:27I I just wanted to know whether or not

1:35:32I would think

1:35:42I'll

1:35:59status, but we'll we'll look it up.

1:36:02Instead of relying on license,

1:36:22I was involved not in this licensing

1:36:26issue, but we have matter.

1:36:32I actually spoke to one of the attorneys

1:36:36who informed us as father son litigation

1:36:41and

1:36:42my understanding was that the matter was

1:36:45actually supposed to reach for trial

1:36:48sometime this summer. It may

1:36:51correct. So, I'll I'll find out what the

1:36:55next court date is and if the matter

1:36:57actually

1:36:59trial date.

1:37:32All in favor of continuing.

1:37:49Are those you take those to the digital

1:37:51camera if you have those?

1:37:53I'm sorry.

1:37:55>> You have them, right?

1:37:58>> We will hand those for cler if you have

1:38:00him.

1:38:01>> Uh,

1:38:02put them in the in the docket.

1:38:04>> Thank you.

1:38:07[clears throat]

1:38:07>> Great. Um, item number 13, communication

1:38:10from Maddie Reed to the Federal Board of

1:38:11License Commissioners Harmony. I'd like

1:38:14to uh file that communication.

1:38:20>> Sorry.

1:38:21>> Uh, item number 12 as advertised for

1:38:23falling class B Victor A. Cruise events

1:38:26in Art Gallery. A cruise events in Art

1:38:28Gallery LLC 249 HG license number LQB

1:38:3326-4 ENT. Motion is to convene this

1:38:37formal hearing.

1:38:38>> Second move by council second by

1:38:41councelor

1:38:43that we convene a formal hearing regard

1:38:48virtual life cruise event and art

1:38:50gallery. A cruise event and art gallery

1:38:52LLC 349

1:38:55license

1:38:576-4.

1:38:59Um

1:39:01I assume that's the license holder

1:39:03there. We're going to start uh let the

1:39:07formal hearing open and we will start

1:39:10with the solicitor.

1:39:12[clears throat]

1:39:14>> Good evening. So I had a conversation

1:39:17yesterday with councelor Kier in whose

1:39:20district the license is located. And

1:39:23after reviewing the uh memo which

1:39:27basically gave rise to this matter being

1:39:29put down for a hearing uh my office has

1:39:32questions. Councelor Kier has questions.

1:39:34I had a brief conversation with uh

1:39:37Captain Scan who has just recently been

1:39:40promoted as I understand it to troll

1:39:42captain and now has or will have soon uh

1:39:46liquor enforcement under his

1:39:48jurisdiction. He didn't know too much

1:39:49about the matter. We agreed collectively

1:39:52though that because we have questions

1:39:54that we need to have answers before we

1:39:56feel comfortable going forward with a

1:39:58formal hearing on this that the matter

1:40:01be postponed

1:40:03for further investigation and then once

1:40:06that happens I'll report back have

1:40:08conversation with councelor Kier and

1:40:10then if we feel the need to have the

1:40:14matter reassigned for a new hearing date

1:40:16we'll take care of that via the clerk's

1:40:18office if that'll make sense. Did you

1:40:20consult with her life?

1:40:22>> Um, I did not have a conversation with

1:40:24him. Did not have time to try to track

1:40:26him down today, but my understanding is

1:40:29he's here. I think that's the gentleman

1:40:30who was just standing in front of me.

1:40:32>> I think as long as he's informed uh

1:40:34that, you know, there will be no formal

1:40:37hearing tonight and we'll see if we need

1:40:40to have one in the future.

1:40:45>> Are you comfortable with that?

1:40:47>> Uh, yes. Well, um we we still need to uh

1:40:53link a few information about the

1:40:55situation in order to come up with um

1:41:00a formal hearing for uh for this matter.

1:41:04>> Look, I I'm pulling this formal hearing

1:41:06orders or

1:41:07>> we are Look, I'll be blunt. The

1:41:08confusion is the uh the memo and then

1:41:12the summit basically references two

1:41:14addresses. And reading the memo, it's

1:41:16not crystal clear, at least to me,

1:41:20>> where this all started from because

1:41:21there were a few establishments in the

1:41:23area that have class B licenses. So I

1:41:26didn't have copies of any of the

1:41:28narrative reports. And so rather than

1:41:31try to put on a hearing without all of

1:41:33the information, we felt it made sense

1:41:36to just table it for quote unquote

1:41:38further investigation and then we'll

1:41:40determine whether we think we have an

1:41:42actionable case that should come before

1:41:44the board of license commissioners for

1:41:46call.

1:41:48Okay. Uh in that case it's been moved by

1:41:50council second by council that we

1:41:54continue this matter um for further

1:41:58investigation at which time the

1:42:01administration will come back to us

1:42:04will come back to us with uh a decision

1:42:07of whether or not a formal hearing is

1:42:09necessary. Is that pretty much?

1:42:11>> Yeah. And if so, whether or not we

1:42:14should go with what was set forth in the

1:42:16sums for this evening, whether it should

1:42:18be changed in any manner, whether there

1:42:20should be there may not be a hearing at

1:42:21all.

1:42:21>> It may not

1:42:24that I believe that motion then

1:42:28uh any discussion on that motion favor

1:42:34you just let the applicant know what?

1:42:36>> Sure.

1:42:39>> Okay. Uh now item number 13 is a

1:42:41communication from Maddie Reed to the

1:42:43Kentucky board license commissioners or

1:42:45link to file that communication

1:42:51by

1:42:53file commit to reason

1:42:58cafe motion to file communication any

1:43:01discussion all in favor

1:43:04>> Mr. President before I take on pen

1:43:06number 14, I'd like to amend the agenda

1:43:08to introduce four letters.

1:43:11>> My council uh my counc

1:43:15agenda for the purpose of uh introducing

1:43:18correspondence. Uh any discussion on

1:43:21amending the agenda?

1:43:24>> All in favor? Oppos? Motion carries.

1:43:26>> Yeah, I'd like to make a motion to read

1:43:28order and file uh four letters. one from

1:43:31Amy James of Tates and Rich um Walker

1:43:35and also from Anna Sler I believe I hope

1:43:40I'm pronouncing that right uh Angela

1:43:42Wang and Liv Eaton

1:43:46motion to communications seconded by

1:43:50councelor Greg communications are

1:43:56attorney

1:43:59for

1:44:01Gite breach.

1:44:03Uh Anna Shecker from 382

1:44:09Avenue.

1:44:11And Angel Wang from

1:44:18no address. It's email

1:44:21and we live

1:44:23also emailed. Um all regarding

1:44:27the

1:44:29Okay. So, all in favor of communication.

1:44:35>> Item 14, the formal hearing originally

1:44:39scheduled for August 5th, 2026 is taken

1:44:42up. Can renewal harmony harmony dog

1:44:45training LLC, 65 Patterson Avenue,

1:44:48license number KNL-25-2.

1:44:51Motion is to convene this formal

1:44:54hearing. by councelor second by

1:44:56councelor

1:44:57being the formal regarding license

1:45:00renewal for harmony harmony dog training

1:45:02lc

1:45:05license on the k that's two bit of

1:45:08homework hearing open again council

1:45:11please come up

1:45:15so again good evening counc president

1:45:18Mercer members of the board Frank Milos

1:45:20on behalf of the city of

1:45:22so as you can see from the summit

1:45:25that gave rise to this matter this

1:45:27evening. Uh, apparently the board of

1:45:29license commissioners uh has asked the

1:45:32city to investigate, which we did, and

1:45:34to proceed forward this evening,

1:45:37relative to four alleged violations to

1:45:40the current uh kennel license held by

1:45:44Harmony Dog Training LLC.

1:45:47Uh again, the summon speaks for itself,

1:45:49but just for the record, so to speak, uh

1:45:52the allegation is that there's been a

1:45:54violation of city ordinance 11625 sub A,

1:45:59uh which is basically nuisance,

1:46:02uh that ordinance, uh speaking to the

1:46:05keeping keeping or hovering over any

1:46:07dog, uh which by habitual barking

1:46:11column, yelping, uh etc.

1:46:14uh may or has annoyed considerable

1:46:17number of persons in the neighborhood.

1:46:19Uh item two is

1:46:23an alleged violation of 11656 C

1:46:27uh which takes also into consideration

1:46:29section 410-60 subu of the zoning

1:46:33ordinance. Um, and that basically is

1:46:37special criteria that the license holder

1:46:40was supposed to have met prior to being

1:46:43issued their license. Uh, 116-56

1:46:48C specifically states that all

1:46:51applicants must meet all of the special

1:46:55use permit requirements for a pet care

1:46:57service. And when one looks to 41060,

1:47:01there are basically eight criteria

1:47:05that's supposed to have been met prior

1:47:07to the granting of the license. Uh, and

1:47:10this is subu, section U of 41060. For

1:47:14purposes of tonight, we're going to be

1:47:16focusing uh on item three, which is lot

1:47:21cannot be within 200 feet of a

1:47:23residential district or a commercial or

1:47:26office building. And then the final two

1:47:29alleged violations concern 11659K

1:47:34which basically says that all licenses

1:47:36must comply with all city ordinances

1:47:37pertaining to animals and noise and then

1:47:40the noise component of the city's

1:47:42ordinance section 286-10

1:47:45which basically speaks to not keeping or

1:47:49maintaining or permitting

1:47:52uh animals whose sound crier behavior

1:47:56may cause annoyance. or discomfort

1:47:59to a reasonable person of normal

1:48:01sensitivities in any residential

1:48:03neighborhood. So, if that is the

1:48:05backdrop, in preparation of this case, I

1:48:08have four witnesses, maybe five. Carl

1:48:10Johnson, who's the zoning official, as

1:48:12you know, three neighbors who have

1:48:15corresponded and I believe actually

1:48:17spoke to this board in formal basis in

1:48:19the past, but obvious formal hearing

1:48:21tonight, so I'll be questioning them on

1:48:23those matters.

1:48:25Again, just from a preliminary

1:48:26standpoint, the summons and the

1:48:29information that we were given didn't

1:48:31actually specify a particular date or

1:48:33time. And so, from my perspective, I am

1:48:36going to have the neighbors testify

1:48:38about everything they've experienced

1:48:39relative to noising, nuisance, and odor

1:48:42from time that this license was

1:48:45initially granted up to the present. And

1:48:48just wanted to give the council, the

1:48:50board rather, that's city's game plan

1:48:53tonight. I hope you have any questions

1:48:54about the format or the procedure. If

1:48:57you don't, then just as a preliminary

1:49:00matter, and I've shared this with the

1:49:01license holders attorney, I have a

1:49:04package of documents,

1:49:06one that I would ask be made part of the

1:49:08record and the balance passed out to the

1:49:11board.

1:49:13These

1:49:14documents

1:49:16are not numbered.

1:49:18These documents are not in any

1:49:20particular order relative to the

1:49:22testimony that's going to be given, but

1:49:25in preparation of my meeting with the

1:49:27neighbors, I basically called the

1:49:30questions that I'm going to ask them

1:49:31tonight from these documents. So during

1:49:34the course of testimony, you're going to

1:49:36be hearing references to these documents

1:49:38and to conversations that the neighbors

1:49:41have had with animal control with the

1:49:45board of places commissioners. And so

1:49:48again, these documents are passed out

1:49:49really more as a courtesy so that you

1:49:52can perhaps follow some of the things

1:49:54that are being spoken about tonight.

1:50:01>> Frank, should we be perceived into a

1:50:04case or would it be beneficial to hear

1:50:09from?

1:50:11>> You know, I I'll defer to the to the

1:50:13board. I have

1:50:16uh a plan in terms of how I'm going to

1:50:18proceed and I basically just told you

1:50:20what that is. Going to have Carl and

1:50:21neighbors maybe for testify. But this

1:50:24might not be a bad idea to give uh

1:50:28attorney an opportunity to come up and

1:50:30speak. I understand that she filed some

1:50:33papers with the board which I had a

1:50:36chance to review, speak with her

1:50:38telephonically and and for a short

1:50:40period of time this evening. So if you

1:50:43think it makes sense for her to

1:50:45articulate perhaps some of the legal

1:50:47concerns that she has and then we can

1:50:49perhaps debate that for a little bit and

1:50:52then decide if we're going to go forward

1:50:54with the factual hearings.

1:50:56>> I presume you're attorney.

1:50:58>> Yes.

1:50:59>> Move up forward. Yes, that's right, Mr.

1:51:01Chair. Amy Goens of our solo tits and

1:51:03rich here on behalf of the uh applicant

1:51:05and lency Harmony dog training and owner

1:51:07Lewis Rosado.

1:51:09>> So, haven't heard what the city

1:51:10solicitor has said. Do you have anything

1:51:12you'd like to discuss before he puts on

1:51:16his case? So, would you like to wait

1:51:18until

1:51:20that time? you know, um

1:51:24I'm happy to lay out kind of the legal

1:51:26issues and I did submit a letter today

1:51:28which many of you probably didn't have a

1:51:29chance to read. I do have hard copies.

1:51:34>> Okay, thank you. So, so you've seen the

1:51:36letter. I'll just summarize briefly and

1:51:38first by way of background um my law

1:51:41firm represents several municipalities

1:51:43in Rhode Island. Um, so so um I reviewed

1:51:48when we were retained by uh Harmony Dog

1:51:51Pranning, we reviewed um the facts, the

1:51:54circumstances

1:51:56um with uh an eye towards working with

1:52:01the city. Um and if we had found that it

1:52:03wasn't properly zoned or licensed, we

1:52:05were fully prepared to advise him of

1:52:08that. Um, what we found, it seems as if

1:52:11the city has given a green light to this

1:52:13operation for zoning that they're now

1:52:16trying to put up a red light through

1:52:19licensing and it's impermissible. As

1:52:22fully articulated in the letter, it's

1:52:24properly zoned for an industrial MO,

1:52:27industrial open zone. Um, this use is

1:52:31permitted by rights. The special use

1:52:33permit requirements that are laid set

1:52:36forth in the ordinance only apply where

1:52:39the use is designated in the use table

1:52:41by a special use permit. Now, of the

1:52:43city's 13 zoning districts, there's only

1:52:45one in which the city council, this body

1:52:48sitting as the city council determined

1:52:51it was appropriate for a pet care

1:52:53services and pet overnight boarding

1:52:55facility to be permitted. as of right.

1:52:58The city cannot then impose special use

1:53:01permit requirements on the panel license

1:53:04because that's effectively amending the

1:53:06zoning ordinance through licensing.

1:53:08>> Just want to I can't

1:53:11I think we're a little bit ahead of

1:53:13ourselves right now. Just there is a

1:53:16difference.

1:53:17>> Yes.

1:53:17>> With license

1:53:23and we will I'm sure the plan

1:53:28will get us there.

1:53:29>> I will I will then just uh turn away

1:53:32from that for now and place a brief

1:53:33objection on the record as to the form

1:53:35of the summon and the the uh procedure

1:53:38being employed here tonight. I think the

1:53:40summons is legally insufficient. Um it's

1:53:43as if a driver is called into traffic

1:53:45tribunal and being forced to defend

1:53:47their driving record of any time they

1:53:49may have been speeding whether or not

1:53:51they were ever issued a ticket or even a

1:53:53warning. And I think on the record here

1:53:56and on the facts where we have two and a

1:53:58half years of operation with no formal

1:54:03citations issued, I think the city is

1:54:06really um prohibited from going forward

1:54:10on a formal hearing unless specific

1:54:13instances and violations are noted with

1:54:16particularity on the summit. I'll

1:54:18reserve other legal arguments.

1:54:20>> I didn't I didn't glean that from your

1:54:22from your letter. Right. This is this is

1:54:26a unique situation. I think we're all

1:54:28very aware of that. Um

1:54:32it is not quite like the driving record.

1:54:38This is an ongoing

1:54:48and client is as well. I'm not just one

1:54:51way or the other, but I'm certainly

1:54:53fully aware of what I'm concerned about.

1:54:55So I I hesitate to not move forward, but

1:55:00I will rely on

1:55:06you. You have something you want to say

1:55:08or

1:55:11um

1:55:13uh all I can say is the points raised by

1:55:17my sister are they are fair points.

1:55:20Okay. I don't like to proceed generally

1:55:22speaking having a formal hearing

1:55:25without having specific dates, times,

1:55:29the event. This is unique to a certain

1:55:32extent. The the path on this has been

1:55:34somewhat tortured from what I can see

1:55:37based on my review of the record. There

1:55:39have been many informal hearings,

1:55:41promises, representations,

1:55:44informal testimony from neighbors,

1:55:46correspondence, emails, but no formal

1:55:49hearing. So,

1:55:52finally, we're here tonight for a formal

1:55:55hearing. And I would like to be able to

1:55:58say, my sister and the license holder

1:56:01that here are the specific dates and

1:56:03times. I mean, I have been able to glean

1:56:07from my conversations with the neighbors

1:56:10that unfortunately was only able to take

1:56:12place this past Tuesday to basically get

1:56:16a semblance myself of what the history

1:56:18of this is. So, I'm a big fan of due

1:56:21process. I'm a big fan of making sure

1:56:24that the accused has a firm

1:56:26understanding of what it is that we plan

1:56:29on saying.

1:56:31On the one hand, as much as I want to

1:56:33see that, I don't want to see the case

1:56:36get continued again, but it's again,

1:56:40especially after the time and the effort

1:56:41that I've spent having conversations

1:56:43with the neighbors. But I also, if this

1:56:45turns into litigation,

1:56:48would rather not have to try to defend

1:56:52why the license holder doesn't know with

1:56:54some level of certainty, even if

1:56:57ultimately we come to an agreement.

1:57:00This is what the neighbors are going to

1:57:02testify about. These are the specific

1:57:04dates

1:57:06in advance of the questions that I'm

1:57:09going to ask because there's no secrets

1:57:11here. Most of what I

1:57:14used as the basis for the questions I'm

1:57:17going to ask come from the record that

1:57:21already exists. Didn't make anything up.

1:57:23When I asked when I put these questions

1:57:25together, I bought it. As I said, the

1:57:28package you have is based on reports,

1:57:33correspondence, emails, but again, not

1:57:36having a definitive date, I really had

1:57:38no choice but to put a case based on the

1:57:41history of the matter and I didn't know

1:57:44where to stop or where to end. So, it

1:57:46made sense to me to just have them

1:57:49testify as to everything in its

1:57:50totality. And maybe maybe the attorney

1:57:53goes if she has an opportunity to review

1:57:56law, he at least can come here next time

1:57:59and say, "I still don't necessarily

1:58:01agree that you're going back two years,

1:58:03but my client now is not disappointed.

1:58:06He understands exactly what it is that

1:58:09you're going to say in furtherance of

1:58:11the four allegations that we've raised

1:58:13at the summits." So again, I'll defer to

1:58:16the board in that regard, but I think

1:58:19I've kind of made my position clear here

1:58:21in terms of what I don't want to see

1:58:23happen if this matter turns latigious in

1:58:27the courts. If I can prevent that,

1:58:30that's all

1:58:34except for what we're not in.

1:58:35>> Sure. Okay. Uh

1:58:38>> and by the way, I I mean the neighbors

1:58:40are here tonight. They they met with me

1:58:42on Tuesday and and they've obviously

1:58:45been very very patient on this matter.

1:58:47>> I would hope that they would understand

1:58:49that if there's not a hearing tonight,

1:58:50it's not because we're kicking the can.

1:58:52It's because we want to make sure that

1:58:54we're following process and and this

1:58:57isn't something that I could have

1:58:59addressed with them prior to today

1:59:02because it was only today that and again

1:59:04I'm not saying this in a negative

1:59:06fashion but we only received the

1:59:09position and argument today and we have

1:59:12to deal with and I would rather deal

1:59:14with it the right way than the wrong way

1:59:17just to move a matter forward. That's

1:59:20all. So I just suggest on the right way

1:59:23one more time

1:59:24>> to give council and I an opportunity to

1:59:27speak. Give her an opportunity to digest

1:59:31the package that I just handed to her,

1:59:35which is the same package that I just

1:59:36handed to you so she can see exactly

1:59:39what it is and and properly defend her

1:59:43client. And then I'm prepared to

1:59:46prosecute. Nothing's going to change

1:59:48from my perspective. I'm ready to go and

1:59:50do what I

1:59:51>> I

1:59:53very unique situation very I've never

1:59:55seen a matter like this I see that we

2:00:00all know what we're here and I I'm I'm

2:00:03just wondering I was disenfranchised

2:00:07by

2:00:10>> we we certainly are prepared to move

2:00:13forward if if that's the pleasure of the

2:00:15board to hear from the neighbors and and

2:00:17to hear the case that uh the solicitor

2:00:20will put on before you. I think it is

2:00:22less of an issue of preparation because

2:00:24I' i've reviewed all your minutes. I've

2:00:26reviewed all the documents that are in

2:00:27the public record. I think uh the

2:00:30objection is on a legal basis. I So

2:00:35again, I I would prefer I think the

2:00:36board forward

2:00:40knowing that there is some reason about

2:00:45but

2:00:48And then I I I have my own personal

2:00:52belief is that this is

2:00:55been kicked down the road for 18 to 24

2:00:59months now.

2:01:02There are I believe there are problems

2:01:05in the neighborhood. Um

2:01:10let's hear about it tonight and see what

2:01:13could or should be done. Uh but like

2:01:17Milo said we're always cognizant of

2:01:25said that I would prefer I think firm

2:01:28move forward night and

2:01:33shift forward made to a certain extent

2:01:34that does that sound rational

2:01:37>> that's that sounds fine I just want my

2:01:39objection noted for the record in the

2:01:41event of further legal you

2:01:43>> thank

2:01:44that with that said, I will just quickly

2:01:46before we start questions just address

2:01:49the legal issue that was raised by

2:01:51council relative to zoning versus

2:01:54licensing. I just think it's important

2:01:55at the outset. Let's make sure we're on

2:01:57the same page. We may not agree, but

2:01:59from our perspective,

2:02:01uh I respectfully disagree with council.

2:02:04I don't think that we're creating uh a

2:02:07new uh zoning hurdle that has to be

2:02:10jumped. uh my reading of this ordinance

2:02:14which again we've been using the word

2:02:16unique this is fairly unique ordinance

2:02:18at least the provision that I'm about to

2:02:20talk about which I referenced earlier

2:02:24and that is the uh

2:02:29allegation set forth in the summons

2:02:32that there is a violation of the general

2:02:36application requirements. So, the kennel

2:02:39ordinance

2:02:40116-56

2:02:43C

2:02:45makes reference to

2:02:47provisions in the zoning ordinance.

2:02:49That's a little odd. It's not the norm,

2:02:52but the fact that it makes reference to

2:02:55the zoning ordinance doesn't mean that

2:02:58we're creating

2:03:00more zoning process.

2:03:02So

2:03:0441060 subsection U which is basically

2:03:08incorporated by reference into the

2:03:10kennel ordinance is not being applied as

2:03:14special use permit zoning authority. The

2:03:18city's reading on this is that it's a

2:03:21it's a 116-56C

2:03:25licensing

2:03:26precondition.

2:03:28Okay. We agree with councel that there

2:03:33there is no other zoning requirement in

2:03:37this case and I'll have director Johnson

2:03:40testified. This matter came to him in

2:03:43the ordinary course as a precondition to

2:03:45the application actually being

2:03:47perfected.

2:03:49He reviewed the zoning ordinance,

2:03:51determined that in a manufacturing zone,

2:03:56the use

2:03:58of um the kennel use pet services is

2:04:03allowed as of right and he did in fact

2:04:07issue a certificate of zoning

2:04:09compliance. Nobody is suggesting that in

2:04:12addition to that,

2:04:15the applicant has to go to the zoning

2:04:17board and receive or uh obtain from the

2:04:21board a special use permit. It can't be

2:04:24both. It's either allowed as of right or

2:04:27it's not allowed or it's a conditionally

2:04:29permitted use.

2:04:30>> That's relative.

2:04:31>> That's relative use.

2:04:34>> That's correct. You know what probably

2:04:36would have made this cleaner and clearer

2:04:38is back when the kennel ordinance was

2:04:40revised instead of making reference to

2:04:44conditions and zoning ordinance. We

2:04:46should have just copied and pasted them

2:04:49directly into the kennel ordinance and

2:04:51then I don't think we'd be having this

2:04:53discussion right. So that's the city's

2:04:55position again and I I understand

2:04:57councils and you know she could

2:04:59certainly raise that. I just want to

2:05:01make it very clear the city of Pucket

2:05:04and the division of zoning and code

2:05:06force is not suggesting that there are

2:05:10additional

2:05:13zoning or in view or hurdles that need

2:05:15to be crossed. So with that said no

2:05:19further is the board on that does that

2:05:22make sense? If you have any questions

2:05:23just ask. It's complicated. It's a

2:05:24little confusing.

2:05:25>> Yeah,

2:05:27listen. So if you look at the panel

2:05:31license out

2:05:33116

2:05:35>> uh 11656

2:05:38>> what's see

2:05:41>> just the beginning 11656

2:05:43general application requirements an

2:05:47application doesn't come to this board

2:05:49until it's been approved so if you look

2:05:51at the requirement under 1516-56C

2:05:56all applicants as you just read must

2:05:58meet the special use permit under

2:06:00section 41060. That's a that's an

2:06:03application requirement. That's what the

2:06:05zoning department and the clerk gets and

2:06:08if everything matches here. It's not

2:06:10just about whether a dog kennel can be a

2:06:13particular resulting in this case are

2:06:15it's also the use of the building cannot

2:06:19even fringing upon 200 ft of the

2:06:21residential propert.

2:06:25If you look at on section 116-59

2:06:30general licensing requirement, that's

2:06:32where we come. So when it comes to here,

2:06:35all of the evolved should have been

2:06:36done. And clearly it wasn't done in this

2:06:38case. These people have been made to

2:06:40suffer for two and a half plus years.

2:06:44So I just want to make sure that

2:06:45everybody's clear on.

2:06:47>> Yeah. Again, I I'm not going to quibble.

2:06:49I don't think that's a zoning issue

2:06:51because Carl Johnson has no jurisdiction

2:06:53over the license applications. So I mean

2:06:56whether it's again and I'm not casting

2:06:58dispersions whether it's the clerk the

2:07:00board look at the end of the day I'm

2:07:02going to have Carl testify

2:07:03notwithstanding about what his role was

2:07:05in this and we're going to we're going

2:07:07to focus on what the summons actually

2:07:10alleges has violated and we'll leave it

2:07:12to the board to decide what they want to

2:07:13do with that. So with that said, unless

2:07:17you

2:07:18>> we can do that as a petition.

2:07:20>> I am going to try my best.

2:07:23>> However, not for rush, not for decide.

2:07:28>> So the city would then call carve.

2:07:39>> Could you just identify yourself for the

2:07:40record for Rick, please? Paul Johnson,

2:07:43director of zoning, 137 Roosevelt

2:07:45Avenue.

2:07:45>> Raise your right hand. Sound swear to

2:07:47tell the truth. Whole truth and nothing

2:07:48but the truth. So I help you guide.

2:07:50>> I do.

2:07:51>> All right. So, uh, Carl, again, just for

2:07:54the record, just what what is your

2:07:55position with the city?

2:07:57>> My position is the director of zoning

2:07:59and code enforcement.

2:08:00>> And as part of that role, are you

2:08:02responsible for issuing certificates of

2:08:05uh, zoning compliance?

2:08:07>> Yes. Are you familiar

2:08:09with the kennel license held by Harmony

2:08:12Dog Training LLC at 65 Patterson Avenue

2:08:16here at the city?

2:08:18And did you personally issue the zoning

2:08:21certificate

2:08:23uh to Harmony on March 1st, 2024? I did.

2:08:29And what determination were you being

2:08:32asked to make in issuing whether the

2:08:36care services including government

2:08:37boarding was allowed to now is the

2:08:41entire lot being questioned located

2:08:45within a single zoning district? No. So

2:08:50if you could explain explain to the

2:08:52board again another unique factor in

2:08:54this case how is this lot comprised from

2:08:57a zoning perspective. So this lot is

2:08:59actually uh comprised of two different

2:09:01zoning districts. One the uh residential

2:09:04multif family and the second the

2:09:05industrial roof and zone. So then when

2:09:08faced with that, can you explain to the

2:09:10board how you determine which zoning

2:09:13regulations govern the lot given that

2:09:15split? So section 4109 of the zoning

2:09:18ordinance uh states specifically that

2:09:21whenever there's a lot of two zones on

2:09:24it whatever zone comprised of more than

2:09:2750% of the body is the prevailing zoning

2:09:31uh prevailing

2:09:34zoning district to apply the zone to.

2:09:37>> All right. And so ultimately what

2:09:39determination did you make based on that

2:09:41ordinance? uh looking at the uh the

2:09:43zoning map and coming to the

2:09:45determination that the uh lot was well

2:09:48over 50% in fact close to 80% in the

2:09:51manufacturing open zone MO zone uh that

2:09:54the the lot was in industrial zone. So

2:09:57under the table was misregulations in

2:09:59the zoning orders is pet care services

2:10:02and pet overnight for boarding listed as

2:10:05a permitted use in the MO zone? Yes. uh

2:10:09not listed as a use requiring a special

2:10:12use per correct.

2:10:12>> Correct.

2:10:13>> Can't be both.

2:10:13>> No.

2:10:14>> So based on your reading of the table of

2:10:17uses and seeing that it was allowed as

2:10:20of right, uh that's what prompted you to

2:10:23issue the certificate of z.

2:10:25>> Correct. And again, just so we're

2:10:26crystal clear, based on the

2:10:28classification that you read, was any

2:10:30special use permit, variance, or any

2:10:33other zoning relief required for this

2:10:36use to be lawfully established at the

2:10:39license process? No. So, do you stand by

2:10:43the certificate as correctly issued

2:10:45under the ordinance as it existed and

2:10:47still exists today? I do.

2:10:50was substantive

2:10:53compliance

2:10:54with section 41060's

2:10:57performance standards. What we were just

2:10:59talking a few minutes ago,

2:11:02lot size, setbacks, buffers, fencing,

2:11:06was that something that your office

2:11:07certified or was required to certify in

2:11:10issuing the certificate of zoning by

2:11:12itself?

2:11:14And now with standing up, are you

2:11:16familiar with the specific requirements

2:11:19of section 41060U?

2:11:22I am.

2:11:23And does section 41060U3

2:11:28address the lot's location relative to a

2:11:31residential district? It does.

2:11:34And

2:11:36what does it say?

2:11:37>> It it the the lot is within a partially

2:11:41>> No. What is the ordinance? How would we

2:11:44>> 410 16 U3?

2:11:46>> Oh, that any uh channel cannot be

2:11:49located within 200 ft of a residential

2:11:51district or a commercial building or

2:11:52office building.

2:11:53>> Okay. And as you already just testified,

2:11:56it's fair to say that a portion of this

2:11:58lot said approximately

2:12:0120% of it give or take is uh located in

2:12:06a residential. Yes. So given that a

2:12:11portion of the parcel itself lies within

2:12:13a residential district, in your opinion,

2:12:16could this property under any

2:12:18circumstance satisfy the 2004

2:12:20residential requirement in 410-63?

2:12:24>> No. Because it's part of the lot. It's

2:12:26actually a residential building. Have

2:12:29you personally been to the subject

2:12:30property? I have. And setting your

2:12:32visits aside, it's your conclusion that

2:12:35the property cannot satisfy the buffer

2:12:37requirement dependent on any particular

2:12:39measurement or observation you made

2:12:41while there or does it follow directly

2:12:43from the property's classification?

2:12:45>> Well, just for me, I think the director

2:12:47was the residential property. Okay.

2:12:50>> Um, I don't have any other questions on

2:12:52that issue. I don't know if the board

2:12:54wants me to continue or allow counsel if

2:12:56she's so inclined to ask questions. It

2:12:59looks like she is of uh

2:13:01Let's uh anybody on the board have any

2:13:05sl

2:13:17you consider your job as the zoning

2:13:20director simply looking at the site and

2:13:23confirming that it's in the zoning

2:13:25district to open the can and the second

2:13:28part we just hold on the Second part of

2:13:31it

2:13:33license requires a zoning

2:13:37at any point is showing the zoning

2:13:40certificate compliance go up to the

2:13:42place and actually check the things you

2:13:43just specified to regarding the specific

2:13:46the proximity

2:13:49flooding issue and everything else. But

2:13:51those that's all part of the zoning

2:13:52isn't it?

2:13:54>> So zoning the zoning inspection is done

2:13:56from by somebody in my office. I'm not

2:13:58quite sure. I'm positive it went out

2:14:00because the license was issued. Uh but

2:14:03uh I cannot tell you what it first time

2:14:06brought up, but I'm feeling it went

2:14:08through uh process. Just so on,

2:14:14you went and issued certificate of

2:14:15zoning compliance without ensuring that

2:14:18this the site itself although it's

2:14:20permitted in the profit zoning district

2:14:22was in full compliance with what the

2:14:25federal license ordinance specifically

2:14:27requires that being the proximity to

2:14:29winter and property.

2:14:30>> The zoning certificate was based on the

2:14:32the reading of the zoning ordinance.

2:14:34>> Yeah. But you just so on clear were you

2:14:37aware what the use was going to be? Yes.

2:14:41But it was going to be a county license.

2:14:43Would you or anybody in your office at

2:14:45the time could look at the zoning I mean

2:14:48the county license ordinance

2:14:52specifically incorporating additional

2:14:55specific zoning things that are

2:14:56happening at application stage prior to

2:14:59common force.

2:15:01>> I again it was two years ago. I I would

2:15:04have to the temporary

2:15:06>> well someone from your office and

2:15:08yourself would have to have done an

2:15:10inspection. Does this require the

2:15:11application to just say it's only

2:15:13certificate as far as I'm concerned when

2:15:15we see it from you and I can speak to

2:15:18myself. I would imagine none of us here

2:15:20has only expert. We're not expected to

2:15:22do that inspection.

2:15:24We you don't have the authority utility

2:15:26or knowledge to go ahead

2:15:29dimensions or whatever shoot. So a

2:15:32speaker for myself and the rest of the

2:15:35board here when we see a certificate of

2:15:38compliance only compliance from neuro

2:15:41offices signed by yourself the

2:15:42assumption is that an inspection an

2:15:45inspection was conducted at the

2:15:47application stage and everything was all

2:15:48set for us to look at the second part of

2:15:52the issue here which was the licensing

2:15:54requirement. The application requirement

2:15:56does not come to us. We're not allowed

2:15:58to do that. Is that a fair statement?

2:16:01>> Again, councelor, I would have to go

2:16:02back and see if somebody did an

2:16:04inspection out there, but I I would uh

2:16:06defer if it's the process some of my

2:16:08office.

2:16:10>> Okay. Thank you.

2:16:12>> Uh director, just just to clarify for

2:16:16me, do you after you've issued a zoning

2:16:18complaint certificate is really indicate

2:16:21that you're going to inspection or are

2:16:23you just reviewing the table to

2:16:24determine whether or not use is proper?

2:16:28uh based on the information I would

2:16:30find.

2:16:30>> So so the zoning inspection is separate

2:16:32and it's after the workflow temp uh

2:16:35typically like I said I would have to go

2:16:37back and look at my records but the

2:16:38zoning certificate is a different work

2:16:41stage of the actual zoning inspection.

2:16:43>> Okay. And what is it that you actually

2:16:46look for if you say you do a zoning

2:16:48inspection? What do you do? And that's

2:16:50what I would have to see because it

2:16:52depends on the uh say for instance like

2:16:54a restaurant they would go out and make

2:16:56sure you know the the hoods are are

2:16:58clean and the uh it's a good working

2:17:01order.

2:17:01>> So is that zoning or is that building

2:17:04and

2:17:06>> it it would it would fall under the

2:17:08zoning?

2:17:09>> No no I understand but I want to make

2:17:11sure we're clear here. Are we talking

2:17:12about an inspection pres pursuant to

2:17:15chapter 410 which is the zoning

2:17:17ordinance or are we talking about an

2:17:19inspection in furtherance of whether or

2:17:22not the building the premises is in

2:17:24compliance with other codes property

2:17:27maintenance building I just want to make

2:17:29sure I understand

2:17:29>> yeah so the inspection that would be

2:17:31done on zoning from my understanding is

2:17:34under building codes uh property

2:17:37maintenance making sure the place is

2:17:39making sure it's all

2:17:39>> so not the zone

2:17:40>> correct So when you say zoning, you're

2:17:43talking about the zoning department,

2:17:44>> correct?

2:17:45>> Not the zoning ordinance.

2:17:46>> Correct.

2:17:47>> Okay. I just wanted to make sure I was I

2:17:49was

2:17:51a question.

2:17:51>> Yeah. I just want to be clear. So you

2:17:54had two mixed zones. You had the you two

2:17:57zones, right? The M and the and you had

2:18:00your residential. And over 50% of it was

2:18:03for the manufacturing zone, right? Yes.

2:18:05>> So that 200 foot buffer because it super

2:18:10exceeded because it was over 50%. Does

2:18:13that not take place or is that still

2:18:15part of the manufacturing zone?

2:18:17>> So,

2:18:18>> or the buffer to the res that that

2:18:20buffer is for the residential zone only.

2:18:23>> Residential zone. Yeah, res residential

2:18:25zone and office building and commercial

2:18:27building.

2:18:27>> Okay. So, when you uh what was over the

2:18:3050% that manufacturing zone that doesn't

2:18:33apply because it's am I hearing that?

2:18:36Well, I'm interpreting it correctly.

2:18:38>> Because because it was like uh use

2:18:41allowed by right

2:18:42>> those those stipulations were not those

2:18:45conditions were not reviewed

2:18:47>> were not reviewed because it was 80% in

2:18:50that correct zone so therefore it was

2:18:52classified that zone

2:18:53>> right okay

2:18:54>> maybe I can clarify by asking another

2:18:56question if when you had checked the

2:18:59zoning ordinance the use table if it was

2:19:01an S as opposed to a Y which means that

2:19:05it was allowed as a conditionally

2:19:06permitted use a special use permit at

2:19:10that point in time then you would have

2:19:12from a zoning perspect perspective

2:19:14actually reviewed those criteria.

2:19:17Actually uh if it was a s I would have

2:19:20asked for an application to the zoning

2:19:21board. Uh the zoning board would hear

2:19:24have a public hearing and those uh

2:19:26during that public hearing that those

2:19:28those standards would be uh review.

2:19:31>> Right. But under that circumstance then

2:19:33you would have had reason to review the

2:19:37410-60

2:19:39correct criteria.

2:19:41>> Yes. You didn't review them in this

2:19:42context because when you check the use

2:19:44table, it was a use allowed as of right.

2:19:47>> Correct. Okay.

2:19:53>> Dr. Johnson, I I just want to be clear

2:19:55here.

2:19:56I feel for these people. They've had to

2:19:59deal to deal with this for two and a

2:20:01half years and we'll hear their

2:20:02testimony. However, we are here because

2:20:05it's my personal belief and theirs. I

2:20:08believe as well that a step was to get

2:20:11there. I don't believe you you are the

2:20:13director of zoning and compliance

2:20:16regulations

2:20:18when you receive an application. Again,

2:20:20we're talking about the initial stage

2:20:22here. Things don't come to us as though

2:20:23we we get the consumption at the time it

2:20:26comes to us everything all of these

2:20:27things have been done. All the things

2:20:28have been caused have been done. But

2:20:31when you say that you can sit here and

2:20:33issue the certificate of zoning

2:20:36compliance and not have done the

2:20:38inspection even though not only the

2:20:39ordinance incorporates a specific

2:20:42requirements here under the zoning. This

2:20:44is the zoning ordinance again especially

2:20:46we're talking about a 200 yard 200 ft

2:20:49away. And the application also requires

2:20:53a zoning inspection

2:20:56and you don't know where an inspection

2:20:58was done yet. you go ahead and issue the

2:21:00uh zoning certificate compliance.

2:21:03>> So, so there there's two different

2:21:04steps,

2:21:05>> right? How is it two different steps?

2:21:08Because an inspection, zoning

2:21:09inspection, the zone the requirements

2:21:11fall under the same thing. It's zoning

2:21:14the both the table of use and the

2:21:17required zoning inspection fall under

2:21:19the same chapter, the same zoning

2:21:21ordinance that we have. How do you

2:21:23separate it? cuz I don't understand that

2:21:25when your the application specifically

2:21:27states certificate of zoning has to be

2:21:29issued uh zoning inspection has to be

2:21:32conducted. This is all at the

2:21:33application process and specifically

2:21:35incorporates the rest of the uh federal

2:21:39license requirements here. It says that

2:21:41you can't have that. The whole point of

2:21:42that and as these people have been led

2:21:45to suffer is for the exact things

2:21:46they've been complaining about noise

2:21:49barking. I mean that's what an animal

2:21:50that's what a dog does. those that could

2:21:52smell and everything else we compare is

2:21:54essentially was done to prevent that

2:21:57sort of thing. So when

2:22:00>> there question well there is a question

2:22:02because he's suggesting that it's a

2:22:03two-part thing and I don't see it as a

2:22:05separate thing. If the the application

2:22:08says inspection,

2:22:09>> he he's already answered. I I I'll I'll

2:22:11say this. I don't if there was a mistake

2:22:15made here. I don't think it was

2:22:16important. I think it was the nine

2:22:18people sitting here that there was a

2:22:20mistake made.

2:22:23>> I totally disagree with that.

2:22:24>> Okay. But you said your personal opinion

2:22:26and we must think the same way. So I'm

2:22:28just I'm letting you know that my

2:22:30personal opinion is

2:22:31>> this was not a ball drop in result. This

2:22:35was a ball drop by the nine of us. If

2:22:37there was a ball drop was dropped by the

2:22:39nine of us to not see from a license

2:22:42perspective whether that tea was crossed

2:22:45and that eye was done. So that's that's

2:22:47my only point and I'm I'm just saying

2:22:48that to you director because I don't

2:22:51believe that you or your department.

2:22:56I'm not sure if ball was left, but if it

2:22:59was, it was in this room at these

2:23:01tables.

2:23:03And so I'm going to ask you to move on.

2:23:07And the counselor is right. The reason

2:23:10that prohibition is in there

2:23:13is to do very,

2:23:16it's on us as the board of license

2:23:18commission to make sure things are right

2:23:20before we actually get.

2:23:23I will tell you who was in district

2:23:25three.

2:23:26I would have said see this is the first

2:23:29panel I tell and I would have looked up

2:23:31the license and I would have called and

2:23:34I would have said

2:23:39I see a disconnect right and you said at

2:23:42the outset that there was a

2:23:44we should copied and pasted as opposed

2:23:47to just making incorporating my

2:23:49reference. So I I I just I I don't want

2:23:52anybody here maybe you're watching

2:23:54anywhere else that think that this was

2:23:58direct

2:24:02if I may again I'm just speaking to the

2:24:04section here it's very clear what what

2:24:07happened with the fall whatever you want

2:24:09to call it no say whatever it is falls

2:24:12under the general application

2:24:14requirement again this board is neither

2:24:17qualified no authorized to conduct any

2:24:20sort of zoning inspections or anything

2:24:22of

2:24:23We're looking at the section 11659 out

2:24:25of the general license requirement.

2:24:27Nowhere in there that can say anything

2:24:28about control. Oh, and that's pretty

2:24:30much clear because we're not zoning

2:24:32expert. I don't believe any of us are

2:24:35can't conduct inspections. So, first

2:24:38part of it is the general application

2:24:39requirement. That's where the ball was

2:24:41cracked. We're not expect

2:24:45anyone here. Would you have gone out and

2:24:47do the measurement to figure out exactly

2:24:50whether it was in zoning

2:24:52compliance?

2:24:54We will see the certificate of zoning

2:24:56compliance and something is part A

2:24:59general application has been completed

2:25:01by the zoning department by your

2:25:02department. We can't even confirm what

2:25:04an inspection was conducted or not.

2:25:09>> Um we going through questions

2:25:15like to come up Very briefly, Mr.

2:25:17Johnson, how are you?

2:25:18>> Good. Good to see you.

2:25:19>> Mr. Johnson, you have experience zoning

2:25:21real with municipalities other than

2:25:23correct.

2:25:24>> Yes.

2:25:24>> You have several years of experience

2:25:26zoning.

2:25:26>> Yeah. Uh I'm going on almost 13 years.

2:25:29>> You're familiar with the general

2:25:30principle with uh how the zoning

2:25:32enabling acts your authority as a zoning

2:25:35official?

2:25:35>> Yes.

2:25:36>> And when you review Wester uh zoning

2:25:40certificates, does the fitness of the

2:25:43applicant come into play?

2:25:44>> No. Are you familiar with the legal

2:25:46principle that zoning approvals run with

2:25:48the land?

2:25:49>> Yes.

2:25:50>> Um, and so for instance, if a if

2:25:53McDonald's uh is is uh permitted in uh a

2:25:58zoning district, maybe you issue a

2:26:00certificate of juice uh stating stating

2:26:02as such. If McDonald's comes in and in a

2:26:05year Burger King wants to take over, um

2:26:08does that zoning approval run with the

2:26:10ramp?

2:26:10>> It does.

2:26:10>> I have no further questions for Mr.

2:26:12Johnson.

2:26:16Frank, are you done with?

2:26:17>> I am. I have no follow. Thank you.

2:26:22>> So then if I could, I'll I'll have uh

2:26:24the neighbors testify. First neighbor

2:26:27Elizabeth Soua.

2:26:40Frank gave us that

2:26:44question what you

2:26:47>> Yes. So as you follow each

2:26:52point to it so we can

2:26:55>> so

2:26:57sus if you could

2:27:00>> Oh I'm sorry if you please state your

2:27:03name. State your name for the record

2:27:04please.

2:27:05>> Elizabeth Soua. S O U S

2:27:10>> 52

2:27:12>> S U S.

2:27:15>> Go ahead.

2:27:16>> 52 Bale B A L E Street.

2:27:24>> Raise your right hand. You're telling us

2:27:26where the testimony about to give us the

2:27:28truth, the whole truth, and nothing

2:27:29about the truth. I hope you got it.

2:27:32>> All right, we've got it.

2:27:3352 is on the super on the roof of the

2:27:38house on we know we know which one your

2:27:45so uh in addition to yourself who

2:27:48resides with you if anyone at 52

2:27:51>> at this time it's my husband Robert and

2:27:54one of my daughters at the time of when

2:27:58this all started my daughter Tammy was

2:28:03the one who was staying with us for a

2:28:05while.

2:28:05>> Okay. Do you have any dog?

2:28:08>> Timmy used to have a dog who has since

2:28:11died.

2:28:11>> Okay. And so when uh

2:28:13>> when this was uh Leila was staying with

2:28:16us as well.

2:28:17>> Okay. What kind of dog was that?

2:28:19>> She was a boxer.

2:28:21So after the license was issued to

2:28:24Harmony back in March of 2024,

2:28:29did you have occasion to report to the

2:28:32city about noise for the penalty?

2:28:35Initially

2:28:36I became um

2:28:40u

2:28:42u my neighbor Kiara who lives

2:28:47here. I live on this side. She lives

2:28:50directly on the side of the where the

2:28:54kettle is on 45 Patterson kettle on 65.

2:28:59Um she brought to my attention the

2:29:03disturbances that were happening. We had

2:29:05been listening to dogs barking. We

2:29:08weren't sure

2:29:10um what was taking place at the moment

2:29:14and we weren't sure about the licensing.

2:29:17Kiier brought it to my attention that uh

2:29:20it was taking place.

2:29:23>> All right. And then did you stop to hear

2:29:25the barking?

2:29:26>> Uh we had been listening to it. Um so it

2:29:30confirmed that there was some sort of

2:29:34dog kennel or daycare. Initially, I

2:29:38thought it was a daycare

2:29:40and then found out that it was more than

2:29:42just a kennel daycare that it was also a

2:29:45boarding kennel.

2:29:47>> When you first reached out to the city

2:29:49and I believe that was in December of

2:29:512024, what was your primary complaint at

2:29:55that time?

2:29:55>> At that time, it was the barking

2:29:59uh a lot in the morning, in the

2:30:02evenings. Uh my both my husband and my

2:30:06daughter Tammy wake up or woke up early

2:30:10because they both work. I'm retired so I

2:30:14slept a little bit longer. So they would

2:30:16hear the barking early in the morning.

2:30:19My daughter Tammy is a is a night

2:30:21person. She would hear it late at night.

2:30:25>> Okay. And then you were in touch with

2:30:27animal control again about maybe a month

2:30:30and a half later January 31st. Uh at

2:30:34that time had the conditions changed?

2:30:36>> No.

2:30:37>> Did the noise that you were hearing

2:30:39affect the your daughter or your

2:30:42daughter's daughter?

2:30:43>> Yes. Leila uh at that time she was 13

2:30:46years old 12 or 13 years old. And

2:30:50whenever she heard the dogs barking, um,

2:30:53it would affect her physically. You

2:30:55could see her trembling. And she would

2:30:58try to go to the window where our

2:31:00kitchen was 34 feet from the wall that

2:31:06houses the Kent and she would just stand

2:31:08there and try to go through the window

2:31:12just to respond to the thoughts.

2:31:15Then now as far as noise is concerned

2:31:18from that point in January of 2025

2:31:22forward to basically today's date can

2:31:25you describe how the noise may have

2:31:27affected you during that time frame if

2:31:30at all?

2:31:34It's when we're in the backyard,

2:31:37we would hear

2:31:40the owner or let's say uh I didn't know

2:31:43at the time he was the owner, a male and

2:31:46a female

2:31:47in the outside premises yelling at the

2:31:51dogs constantly. I mean, not something

2:31:55like uh for example, come here, sit. No,

2:31:58this was really yelling and shouting at

2:32:02the dogs. We would hear a lot of barking

2:32:06uh at any time of the day when we were

2:32:09outside. When we were inside, if the

2:32:11windows were open, we could hear them. I

2:32:14am hard of hearing. I do wear hearing

2:32:17aids. However, that that does not take

2:32:20away that I can hear. Um

2:32:25recently,

2:32:27um well,

2:32:29they put uh sound

2:32:33of uh

2:32:35uh living room to soundproof the

2:32:38windows, four windows that are in my

2:32:41backyard that show to my backyard. Uh

2:32:45they soundproof that that doesn't take

2:32:47away from the dogs barking. There have

2:32:49been times when we can hear the dogs.

2:32:53Uh, and those of you who own dogs know

2:32:56that when you come home from work and

2:32:59the dog is there and they greet you,

2:33:01it's a a frenetic

2:33:04kind of barking. You could hear that as

2:33:08if somebody was just coming in to greet

2:33:12the dogs or the dogs were greeting them.

2:33:15Recently, about three Sundays ago,

2:33:19uh, there was I I got up. I'm old. I got

2:33:22up in the middle of the night, 3:30 in

2:33:25the morning, go downstairs to use the

2:33:28bathroom, and I hear this loud block.

2:33:32This is 3:30. It's a Sunday.

2:33:35And I went upstairs

2:33:38and I went to bed. Couple of hours

2:33:41later, went downstairs again. The

2:33:44continued barking, and I mean barking as

2:33:48if there was no one there. And it was

2:33:51not just one dog.

2:33:54And then later in the morning around

2:33:577:30, 8:00, those dogs were still

2:34:00barking. This was a Sunday. Whether

2:34:04there was somebody there or not, I don't

2:34:08know. It appeared that there might not

2:34:11have been somebody there. I can't say

2:34:14for sure.

2:34:15recently about a week to a week and a

2:34:18half ago. They're outside

2:34:22and there was this horrible growling

2:34:27coming from the gods. Whether it was one

2:34:30or two dogs, it was an aggressive

2:34:33growling, not just a playful growling

2:34:36where they are tugging or whatever.

2:34:39because from having lived with dogs

2:34:42myself, this was a very aggressive

2:34:47growling coming from them. And I thought

2:34:50to myself, wow, what if those dogs were

2:34:55let loose?

2:34:57So, uh, besides that, the barking of

2:35:01those dogs were causing my neighbors

2:35:04dogs next to me, uh, Manny's dogs to

2:35:08answer to the to the barking.

2:35:12And I can tell you when Maddie moved in

2:35:16about three, I want to say three, four

2:35:17years ago, maybe a little bit less, um,

2:35:22I didn't even know she had dogs

2:35:25until I started hearing them responding

2:35:27to the barking of those dogs.

2:35:32Uh, I cannot speak for any smell because

2:35:37my their building and my house is in

2:35:40such a an area that I don't get that.

2:35:43But I do know that Pier, my neighbor

2:35:46from 45

2:35:48uh has been greatly affected by it.

2:35:52Uh I do know that uh the owner has taken

2:35:56some measures but it's not enough and uh

2:36:01as far as I'm concerned

2:36:04the licensing

2:36:06would not have been approved so quickly.

2:36:12Uh, I just heard you guys uh talk about

2:36:15an auto repair place that had

2:36:17stipulations as to what they can do,

2:36:20what they cannot do, whether they can

2:36:22have or not debris in the back.

2:36:26That should have been done as well with

2:36:28this kennel issue. I don't know if you

2:36:31guys would love to come live where I

2:36:35live at the moment and have to put up

2:36:37with this.

2:36:40I don't have any other questions unless

2:36:42the board does

2:36:44the board have a question.

2:36:48>> I I do have one comment if I may and

2:36:52it's

2:36:56uh my my husband viewed a video that Mr.

2:36:59Rosado

2:37:01uh posted on his page and he was

2:37:06videotaping

2:37:08uh Mr. Greger uh Adam Greenman

2:37:13uh Miss Stewart and he made a very

2:37:18flippant comment saying, "Oh, there you

2:37:20go. Uh ignore the young minority."

2:37:26And I just want to say that the minority

2:37:29card doesn't play.

2:37:31>> I think we're above above and beyond.

2:37:35>> I just want you to just make sure that

2:37:37that doesn't play in all of this because

2:37:39the neighborhood that we live in.

2:37:42>> I mean it's it's it's inter.

2:37:49>> So noise it's been constant. It's like a

2:37:54a roller coaster. There are times when

2:37:56it's quiet. There are other times when

2:37:58it's not. And they have left lights on

2:38:01247. And you I can see it from my

2:38:05bedroom window which is also right there

2:38:08against that wall.

2:38:11>> Thank you.

2:38:17>> No, I have no questions for Mr.

2:38:28the city with next call. Uh we

2:38:44give your name and address.

2:38:48>> Uh Maddie, 64 Bale Street.

2:38:5364

2:38:58right here. That's about to give us

2:39:02nothing. I'll be back.

2:39:06>> So, Miss Weinger, where did your

2:39:08property

2:39:10train?

2:39:10>> So, it's directly behind the kennels.

2:39:14Were either you husband present when the

2:39:16kennels are written out in the face back

2:39:19and forth.

2:39:20>> The husband called in.

2:39:23>> What if anything you told um at that

2:39:26time relative to the business?

2:39:30>> We were told that there would not be any

2:39:33uh noise because Mr. Rosado was an

2:39:36excellent dog trainer and that dog

2:39:37training.

2:39:40>> Did that turn out to be true?

2:39:42>> No.

2:39:44Did you have the opportunity to testify

2:39:47before this board formally regarding

2:39:49noise and odor as far back as September

2:39:522024?

2:39:53>> Yeah.

2:39:53>> Okay. And and what were you

2:39:55experiencing?

2:39:57>> There was noise um you know, barking. Um

2:40:00and there was odor as well. Um you could

2:40:03tell when they were spraying down the

2:40:05turf, it smelled like you know, dog

2:40:07waste and also the disinfectant that

2:40:10they were using.

2:40:12So, I'm just going to focus on the noise

2:40:14for a few minutes. So, when the noise

2:40:17began to bother you, did you reach out

2:40:19and contact the floor enforcement or

2:40:21animal control?

2:40:22>> I contact people.

2:40:23>> Okay. And did you meet with them?

2:40:25>> Yeah. Um, animal control actually came

2:40:27to my home

2:40:30>> and uh basically what did you inform

2:40:33them?

2:40:34>> I said that the barking is just

2:40:35constant. It's kind of ruining our

2:40:37lives. Um,

2:40:40real pain in the ass.

2:40:43>> Now, you won't pass, correct?

2:40:45>> Yeah.

2:40:45>> What do you have?

2:40:46>> I have three boroids.

2:40:48>> And the noise affects your pets.

2:40:50>> Yeah. Um, boro are actually very quiet

2:40:53breed. They're known to be very quiet.

2:40:55And um, they now respond to the barking.

2:40:59They they can hear the barking and they

2:41:00they will fly to the corner in the yard

2:41:03and respond if there is.

2:41:05Jumping ahead to the spring of 2025, you

2:41:08had contact with the city again

2:41:11regarding noise. What were your

2:41:12experienced?

2:41:18>> Did you submit written testimony to the

2:41:20board in July 2025?

2:41:22>> I did.

2:41:22>> And what was the nature of that? What

2:41:25did you say?

2:41:25>> Um, it, you know, it just that nothing

2:41:29had changed. It was just loud. Um, it

2:41:31smelled bad. You know, I've just kind of

2:41:34had enough. My dogs have had enough. My

2:41:36kid has had enough.

2:41:38>> And did the the noise has that gotten

2:41:41better or worse over the course of the

2:41:44past year or so?

2:41:45>> It's changed, but not for the better. It

2:41:47it almost sounds the dogs have been

2:41:50moved um to kind of mitigate sound um at

2:41:53K's place. It sounds like they've been

2:41:55kind of pushed back into the building

2:41:57like more toward the my property. And so

2:41:59we can hear them even more inside.

2:42:02And have you made any contact with the

2:42:05city in 2026 regarding noise?

2:42:07>> I did. Yeah.

2:42:08>> And but yet is it the same or anything

2:42:11different?

2:42:11>> It's the same. It's all been the same.

2:42:18>> Various trials um video

2:42:23>> focus for a few minutes on odor. Um your

2:42:26neighbor hasn't had any issue with uh

2:42:28odor. Miss Souza. Mrs. Souza. How about

2:42:30you? I have um probably not as bad as

2:42:33Kira has had it, but you you can smell

2:42:36on on hot days.

2:42:38>> So, we had a hot summer that just

2:42:40passed. Describe your experience this

2:42:42past summer with

2:42:44>> It wasn't as bad this summer as it was

2:42:46last summer, but

2:42:49there are windows in this kennel

2:42:51building that face my yard. And I

2:42:55noticed that there is a window that is

2:42:58open. It is open. And there is a hole

2:43:02kind of coming out of it. It's kind of

2:43:04venting out this air and it it smells

2:43:08like big old dog urine and like drier

2:43:11sheets or air pressure. And so I thought

2:43:13this might be the grooming business that

2:43:15is subwetting for Mr. Rosado. So I I

2:43:18dropped him a line and I said, "Uh, is

2:43:20there anything that you can do about

2:43:21this?" Like we can we smell this this

2:43:24odor and we can hear dogs like

2:43:26absolutely losing it through this

2:43:28window. and they said, "That's not us.

2:43:32We have one dog at a time in this small

2:43:35room that we are subleting." Um, and

2:43:39then they confirmed that it was the HVAC

2:43:42system for the kennel that is just like

2:43:46spewing this air out onto my property.

2:43:51So

2:43:53based on what you've been experiencing

2:43:55for the last couple of years, uh have

2:43:59when your husband wasn't into what would

2:44:00happen if soldiers sovereign.

2:44:02>> Yeah. You know, it felt like we were

2:44:03getting nowhere like I would come to

2:44:05these things and like you know nothing

2:44:06was resolved. So you're like what if we

2:44:08move? What if we just like you know just

2:44:10here? So I reached out to my realtor. I

2:44:13was like this is what's going on. like,

2:44:15you know, it's kind of impossible to

2:44:16like raise a little kid and like, you

2:44:18know, have life here. And she said it

2:44:20might not be a great idea just yet. Um,

2:44:24we would lose money on the property.

2:44:27She'd have to disclose to new buyers um,

2:44:30you know, the issues that we've been

2:44:32having with the property.

2:44:34>> So, I mean, based on

2:44:36your discussions with the real estate

2:44:38broker, she didn't indicate that the

2:44:40property was unsellable, just that you

2:44:43may have to lower the price. based on

2:44:45the issues that people testifying about.

2:44:48>> Yeah. And you know, in this day and age,

2:44:51in the state of the housing market in

2:44:53the world, like losing money on a

2:44:55property like that is not ideal.

2:44:58>> Now, you've written to the board uh as

2:45:00recently as April of 2026. Correct.

2:45:03>> I did.

2:45:04>> And when you wrote to the board most

2:45:05recently, what did you ask the board to

2:45:08consider?

2:45:09I considered I I asked the board to just

2:45:13consider not um renewing this license or

2:45:16at the very very least to disallow any

2:45:20kind of overnight boarding

2:45:23uh to cut down on the noise level.

2:45:27>> Just to kind of sum up and the board

2:45:29probably gets the gist, but just so

2:45:30we're clear, how has the noise affected

2:45:32your specific J? Oh, uh, I've got a

2:45:37little kid obviously and you know when

2:45:39she was maybe less than two weeks old,

2:45:42we went to one of the parents and I

2:45:43brought her with me. Um, it's been

2:45:45really tough to raise a little kid at

2:45:48that level of noise. Um, you know, it

2:45:51affects our family life. Um, you know,

2:45:54we can't really have people over. Um,

2:45:56anytime there's like a holiday or

2:45:58something or a big boarding holiday, you

2:46:01know, you can hear more and more dogs.

2:46:03It's pretty obnoxious.

2:46:05>> Would you have purchased your home if

2:46:07the cattle had already been operated?

2:46:08>> Absolutely not. No.

2:46:11>> I don't have any questions.

2:46:17>> Question.

2:46:17>> Yes. Briefly,

2:46:21>> Miss Weaver, you bought your home in

2:46:232023. Correct. Did you review the zoning

2:46:25ordinance before you bought your home?

2:46:27>> No. Um, originally my husband and his

2:46:30brother had purchased the property and

2:46:31then I took

2:46:33Okay. Um, the dispensary was open when

2:46:36you purchased your home. Correct.

2:46:38>> We don't mind the dispensary. There are

2:46:39hours of operations. Okay. But you

2:46:42didn't work in the zoning ordinance.

2:46:44>> No, it it didn't really. There was a

2:46:46race car mechanic in back that didn't

2:46:48bother us.

2:46:51I have nothing further from

2:47:02>> just to be clear, how much of a buffer

2:47:04is there between

2:47:09>> the building itself is, as uh Liz says,

2:47:12it's it's like 34 feet from the building

2:47:15to my back door. It's it's very very

2:47:18close. Is there any buffer at all?

2:47:21>> No, there's no buffer. It above my

2:47:23property

2:47:25>> back of your backyard.

2:47:29>> Yeah.

2:47:32But console my loss.

2:47:35>> It says here in in the diagram, this is

2:47:37how many air in a larger building.

2:47:39>> Yes.

2:47:40>> And then it says all four pores. Does

2:47:43how far back did the harmony dog panel

2:47:45go to this or is it just restricted just

2:47:48to this building? She's saying it's in

2:47:50back of hers, but I see the the the

2:47:53schematic that you gave us. It's got it

2:47:55here in back of 15 52, but then 60 64

2:48:02tends to be a longer extension of a

2:48:04building. But again, as uh as we just

2:48:07pointed out, there racing reality thing

2:48:10that it it was just temporary closed. It

2:48:12looks like it was in the front end. So

2:48:14I'm curious about with the section of

2:48:16the buildings, how much of how many

2:48:18panelists did they take up some

2:48:20additional space in this building here?

2:48:22>> I've never been in the building. I know

2:48:24uh director Johnson has.

2:48:26>> Okay.

2:48:26>> Uh so he might be a better position or

2:48:29certainly the license hold uh to explain

2:48:32based on what you're seeing in the

2:48:34aerial photo how the building is broken

2:48:36up between the two businesses. I don't

2:48:38know. Okay. So I mean I have a picture

2:48:40of the I mean this this is directly so

2:48:48I mean like this is the window

2:48:51um that's facing my property and then

2:48:56so it sounds like there's dogs directly

2:48:57on the other side of that wall you see

2:49:00my property

2:49:02you know

2:49:03>> I'm just curious about how much of it

2:49:05extends you know it looks like this one

2:49:07building is the building that they're

2:49:09operating out of. But then does it

2:49:11extend down? I mean, it was being used

2:49:13more.

2:49:13>> It extends as far back as my home is

2:49:16what it sounds like.

2:49:18>> That's all it is. It's a Google map and

2:49:21and and the labels are not labels I put

2:49:24there. Those are labels that that Google

2:49:26map.

2:49:26>> Correct. I I'm just I'm just trying to

2:49:28get a perspective of of what we're

2:49:29dealing with here. Again, it it's the

2:49:31same thing when when it it would have

2:49:33been more helpful to when we're given a

2:49:35map that the it would have been a zoning

2:49:38map to say, okay, this section here is

2:49:40MO and this is RM. So, uh but I didn't

2:49:44see that there in the packet.

2:49:46>> We can always recall uh

2:49:48>> Yeah. No, I appreciate it.

2:49:50>> Yeah,

2:49:52the uh the submitted has an actual map

2:49:55of what

2:49:56I see here, but it's a lot smaller. They

2:49:58didn't build

2:50:00>> and and that's what I'm wondering here.

2:50:02You know, we when you look at it from

2:50:04clinically from above, you just

2:50:06wondering how much space we're actually

2:50:07here.

2:50:08>> Sure.

2:50:10>> Again, Carl, you're not that long.

2:50:14>> Well, oh yeah, I was I was in uh last

2:50:16Friday director, but in respective let's

2:50:19say in respective of this these two

2:50:22buildings here, does how many dog

2:50:24channel take up any of those? does go in

2:50:28the spot. There it goes. Okay. So, there

2:50:30it seems like it's two buildings and not

2:50:32just one building.

2:50:34>> It's all one building. It's all one

2:50:35building. You operate for the whole just

2:50:37look like a divide.

2:50:38>> Yeah. No, no, it's a walk. Thank you.

2:50:41>> Um Mr. Chair, I would just briefly for

2:50:44the record object to any video or audio

2:50:46evidence um introduced tonight. We

2:50:49weren't provided a copy of anything

2:50:50before the hearing and there are some

2:50:52evidentiary issues with um audio and

2:50:55video recordings. Um, so I would just

2:50:57note that for the record.

2:50:58>> I I guess we have over the last four

2:51:01months

2:51:03at different times.

2:51:07I think that's one of

2:51:17>> it does help us before we get

2:51:23understood. Thank you.

2:51:32No further questions.

2:51:34Thank you.

2:51:37The city's last witness is Kiara Woodsy.

2:51:5545

2:52:03right here.

2:52:05The testimony you're about to give is

2:52:06the truth. The whole truth of truth. So

2:52:08I forgot.

2:52:08>> Yes.

2:52:11>> So Miss Woodsy, how long have you lived

2:52:13at 45 Patterson? since May of

2:52:16>> and where is your property in relation

2:52:18to contrad

2:52:27and there's a second uh photo that was

2:52:31included in the package I'll show this

2:52:34to you is your house to the right

2:52:37>> to the the right

2:52:38>> okay and what is this what does this uh

2:52:41photo actually depict

2:52:44>> this here

2:52:47but it's right of the recreational

2:52:50toilet. Okay.

2:52:53>> And

2:52:57in that second post

2:53:06that I believe is uh

2:53:10>> 48.

2:53:12Yeah, I think that is and that is 48

2:53:15for the records 48.

2:53:19>> All right. Thank you.

2:53:23>> So, when did you first begin

2:53:26experiencing noise disturbances from the

2:53:28cattle if at all?

2:53:30>> May 2024. Speak a little.

2:53:33>> May of 2024.

2:53:34>> Okay. And did you contact your police or

2:53:37animal control about those? Um they

2:53:39could have contacted everyone at that

2:53:41time I contacted the animal control

2:53:45zoning the mayor's office in the open.

2:53:50>> Okay. And did you offer informal

2:53:53testimony for this board back in

2:53:55September of 2024?

2:53:57>> Yes. And what were your concerns or

2:54:00issues that the noise?

2:54:04>> Now when you say noise, uh again you're

2:54:07talking about barking dog.

2:54:09>> Can you give time frames when the dogs

2:54:10will bark?

2:54:11>> It was

2:54:13throughout the day in the morning,

2:54:15during the day, the morning at night.

2:54:20And did you have any the license holder

2:54:24at that point in time about the noise?

2:54:26>> I went to before I started contacting

2:54:30the state in June of 2020.

2:54:33>> Okay. And what came of that

2:54:35conversation?

2:54:37>> Nothing. It was actually it was a

2:54:38friendly conversation, but my concern

2:54:40why I serve city was we had no solution

2:54:44whatsoever how to mitigate any of this.

2:54:48I'm sorry but there's nothing I can do.

2:54:50All right.

2:54:50>> Well, despite that, did the noise issue

2:54:53improve at all as time went on?

2:54:55>> No, it got worse.

2:54:56>> Okay. And so, can you describe the

2:54:58pattern of the noise over the course of

2:55:01the last few years

2:55:032024 it's the night market went on and

2:55:07on into 2025. By mid 2025, it did

2:55:12actually a little bit. It got better. I

2:55:15still heard the bargain outside.

2:55:17the recreation area under

2:55:23window. Um,

2:55:25so it did calm down. I was under the

2:55:28impression when they

2:55:31had moved the dog because it was a

2:55:33little more muffled when I did hear the

2:55:35dog at that time. So it did change.

2:55:39>> You continued to make contact with the

2:55:41city throughout 2026. Correct.

2:55:43>> Right. Because it escalated

2:55:4526. multiple times of the year. It

2:55:48escalated all

2:56:03the most recent issue you've had with

2:56:06noise

2:56:09on Sunday morning. I think it was the

2:56:1123rd of August about 7:30. heard dogs

2:56:15barking prior to that August 9th about

2:56:197:00 in the morning barking

2:56:23but when they're outside in the outdoor

2:56:24area the growling snarling then the

2:56:27staff screaming after the dog the rest

2:56:29of the barking so how often does that

2:56:32occur

2:56:36>> okay so it's not a daily event but it

2:56:38does happen

2:56:39>> it depends lately it's been

2:56:42>> okay how Oh, odor issues. Have you

2:56:45experienced odor issue being right next

2:56:47door?

2:56:47>> I think I get it. It's been awful and

2:56:49I've complained consistently about the

2:56:51odor.

2:56:52>> Well, describe the odor and how it's

2:56:54affected your home.

2:56:55>> Um, I can't open my basement windows.

2:56:57The It's a piece of turf that they

2:56:59toilet the dogs on. They lead the dog to

2:57:01the turf to toilet and it's directly

2:57:03outside my window. In the summer is

2:57:06unbearable. I reported this to animal

2:57:08control. There was a time last summer

2:57:10there was a heat wave of maybe four days

2:57:13that I actually had was downstairs

2:57:15because the smell was so bad I couldn't

2:57:17even open I couldn't open the window on

2:57:19the side where they toilet but I also

2:57:21have a second window that facil that the

2:57:24smell was coming in.

2:57:25>> Now you tried selfhelp yours correct I

2:57:27mixed up baking soda and vinegar and

2:57:30poured it down the side of my house. I

2:57:32even poured travio in the soil outside

2:57:35the house. Nothing changed because it's

2:57:37coming from this side of the fence, the

2:57:40other side of the fence.

2:57:51So, is there anything else that you

2:57:54would like to convey to the board about

2:57:57how this has affected basically your

2:57:59quality of life dayto-day?

2:58:00>> Um, I think they're pretty clear. I

2:58:03think this has been absolutely fair that

2:58:06I have to live this way, you know. There

2:58:08was a business when I bought the house.

2:58:10I never had an issue with that business,

2:58:12you know, and they they were I think six

2:58:15days a week. It just never was an issue.

2:58:17So, it's very possible to have a

2:58:19business a suitable business there that

2:58:21doesn't interfere, but this one is not

2:58:23it.

2:58:24>> If this business was to be allowed to

2:58:26stay in operation, what measures would

2:58:28you like to see the board impose, if

2:58:31any?

2:58:32Um,

2:58:34I propose um a few in my writing. Um,

2:58:37maybe change the hours. It's open. I

2:58:39think 12 hours a day starting at 7:00 in

2:58:42the morning. Maybe change the the hours

2:58:46some type of way. Um,

2:58:49I figure if we have to listen to this

2:58:51Monday through Friday, maybe we it

2:58:53shouldn't be open on weekends. Maybe we

2:58:55can get a break on the weekends. Do you

2:58:57have any thoughts on what might be done,

2:58:58if anything, to help stem the odor is

2:59:01regime

2:59:03outside of your own self self-help

2:59:05measures?

2:59:06>> Um, no. I don't I think the onus is on

2:59:09the business. And actually, I was told

2:59:11by animal control back in June of 2025

2:59:14that there was supposed to be a new

2:59:16three-step process of cleaning. And I

2:59:19don't know if that's going on. I sure

2:59:20haven't seen it, but it hasn't made a

2:59:22difference. Okay.

2:59:24>> Thank you. I have the question.

2:59:31Um, how is there any buffer between your

2:59:35property and this uh film facility

2:59:39>> um from the outdoor area or from the

2:59:41facility itself? From the outdoor area

2:59:43>> permanent of your property?

2:59:45>> No, there's only a chain chain fence

2:59:48with privacy flat separating. If the

2:59:50fence wasn't there, we' probably be

2:59:51sharing a property. So there is no

2:59:55>> maybe

2:59:56less than a foot.

2:59:58>> Thank you.

3:00:00>> Yeah. Is this your property line here?

3:00:05>> Oh, my house is the white house right

3:00:07there to the right.

3:00:09>> When you're looking at this photo, you

3:00:10see this see this car here, right?

3:00:12>> Yeah.

3:00:13>> And the black penguin's fence.

3:00:15>> Yes.

3:00:17>> Here that this the property.

3:00:19>> Oh, do you see the the white fence right

3:00:21there?

3:00:21>> I do. Stop for me.

3:00:27>> Is that a wooden?

3:00:29>> No, it's a chain. It has privacy flat.

3:00:32>> You said chain. Can I just I couldn't

3:00:34clear that. I was looking at Okay, I get

3:00:36that privacy there. So, that means

3:00:40property line between the toilet area

3:00:43and your

3:00:44>> Yes. So if you see if you look at the

3:00:46fence there and you see the green

3:00:48>> right next to the fence desking area and

3:00:50it pulls right up to the fence.

3:00:52>> Okay. Thank you very

3:01:01also purchased your home in 2023.

3:01:03Correct. Yes.

3:01:04>> Did you review the zoning ordinance

3:01:05before you purchased your home?

3:01:06>> No.

3:01:07>> Or the zoning map?

3:01:08>> No.

3:01:08>> Okay. No further questions.

3:01:13The city doesn't have any other

3:01:15witnesses, so we've rested at this

3:01:16point. Assume council likes to put on

3:01:20her own case.

3:01:24>> Mr. Chair, um, Harmony would like to

3:01:26call two witnesses, uh, the owner, Mr.

3:01:28Robato, and the landlord, property

3:01:30owner, Dr. Robert Patterson. Um, and

3:01:33then we'd also reserve the right to make

3:01:35a brief legal argument at the end of the

3:01:37testimony. Sure. Want to add together

3:01:39one time?

3:01:40>> I'll call Mr. Rosado first.

3:01:54um

3:01:58>> state your name Rosado

3:02:01>> and your address please.

3:02:03>> It is uh

3:02:05I should move uh blog. It's Jasmine

3:02:08Court Jas.

3:02:11>> Yeah. Yeah. S M I M A I N E

3:02:13>> correct

3:02:18>> Mr.

3:02:20>> Sorry you sound that the testimony about

3:02:23the G will be the truth the whole truth

3:02:24and nothing but the truth so help you

3:02:26guide

3:02:26>> yes

3:02:28>> I may go

3:02:29>> thank you

3:02:30>> Mr.

3:02:31Can you briefly summarize your um

3:02:33experience in the animal care industry?

3:02:37>> Well, my background a very short stand.

3:02:39Uh I started when I was 15 working in a

3:02:42hospital back in Connecticut. Working

3:02:44with that animal hospital for about nine

3:02:46years. Went off to college. Didn't like

3:02:49college. Went off to did some other

3:02:51stuff. Drawn back to the animals. At

3:02:54that time I moved to Rhode Island, found

3:02:56home here. I worked for urgent care

3:02:59facilities. uh worked very small uh mom

3:03:01and pop pet shops. Uh did that for about

3:03:0517ish years. Um at one point I started

3:03:08became an animal control officer for the

3:03:10town of Warren. Did that for about just

3:03:12under a year. Then I transitioned into

3:03:15dog training year of 2016

3:03:19which at that point I never looked back

3:03:22and started training. Here we are.

3:03:25>> So did you establish your business go

3:03:27upgrading before moving to facility in

3:03:29the pocket.

3:03:30>> Yes, that's correct.

3:03:31>> Okay.

3:03:31>> I used to work out of the hospital.

3:03:34>> Before um opening up your business here,

3:03:37did you conduct some diligence with

3:03:40regard to whether the business would be

3:03:43permitted?

3:03:43>> For sure. So, uh I got to know Michelle

3:03:45Hardy quite well as I kept on coming

3:03:48into the, you know, city clerk's office.

3:03:51I swear to God, I got you. This is it.

3:03:53She's like, "No, look, not yet. That is

3:03:55not the property. It's not the

3:03:56requirements you need."

3:03:59All right, I'll be back. Came back with

3:04:01second location. Same thing. Said, "Miss

3:04:04Hardy, I got it. This is the spot."

3:04:06She's like, "Sorry, kid. Not yet. Keep

3:04:09going. Maybe there's a place out there."

3:04:12And I received a text message from my

3:04:14landlord that is now my real offering a

3:04:17location. He just purchased a lot.

3:04:19Looked at the lot. After looking at so

3:04:22many zoning stuff, I was like, "Here we

3:04:24are. Think this is actually a very

3:04:26excited." I went and saw Miss Hardy and

3:04:28I said again, "Tell me I'm wrong." She

3:04:30looked at me with a smile on her face

3:04:32and said, "Miss Rosado, I think you

3:04:33found the spot. That spot meets all the

3:04:35requirements you absolutely need." She

3:04:37spent about 15 minutes making sure that

3:04:40that requirement were all I can meet all

3:04:43the requirements needed for that

3:04:44location.

3:04:46At that point, she did look at all the

3:04:49paper that's her specialty and she

3:04:51proceeded to tell me, "Yes, Mr. out of

3:04:54this is the lot that you can go for and

3:04:56open your business in. Fantastic. She

3:04:59gave me a long list of things that I

3:05:00need to require and I went step by step

3:05:03doing it more

3:05:04>> and part of that due diligence uh

3:05:06included requesting a zoning certificate

3:05:08from the city.

3:05:08>> Correct.

3:05:09>> Okay. Um then you appeared before this

3:05:12board uh for the panel. Correct.

3:05:14>> That is correct.

3:05:15>> And you also required app

3:05:18for the temp. Correct.

3:05:19>> I did. They personally came out and did

3:05:21inspection of the facility.

3:05:23So when this uh board granted the

3:05:26general license in March 2024, you

3:05:28didn't have overnight boarding at that

3:05:30point since you hadn't yet prepared that

3:05:31state license.

3:05:32>> That's correct. Yes.

3:05:33>> You have the state license now.

3:05:35>> I do. I actually had to I had to get the

3:05:37state license before the city could even

3:05:39issue me. So I had that first before I

3:05:41had the decision. Has the DEM um ever

3:05:45issued any kind of notices or vi notices

3:05:48of violation or any kind of infractions

3:05:50or disciplinary actions with regard to

3:05:53your dental license?

3:05:54>> Uh no, actually the last time they were

3:05:56at my facility, she actually sang these

3:05:58prayers. She was like, "Well, this place

3:05:59looks different." The first time I came,

3:06:01we've done some improvements. I said,

3:06:02"This man, I have." And she was shadowed

3:06:05by another individual that she was

3:06:06training. And uh the person she

3:06:08initially came in with the first

3:06:10inspection had retired. So she would not

3:06:12refer the next person to take the job.

3:06:17>> Um, have you or has ever received any

3:06:22notice of violation of any law or dental

3:06:25regulation from the city of

3:06:27>> that I'm aware of? No.

3:06:28>> Okay. And can you describe your role

3:06:31with Harmony dog training?

3:06:33>> I am first a professional dog trainer,

3:06:36second to a business owner. There's

3:06:38definitely things I can learn after

3:06:40being a businessman. The end of the day,

3:06:42I always will say I'm a dog trainer at

3:06:44heart. It's just what I love to do. Very

3:06:46good.

3:06:46>> And in a typical week, how um how much

3:06:49time do you spend at the facility?

3:06:51>> More time than I do in my house.

3:06:54I'm there all the time. My phone is on

3:06:56my building. Anybody and everyone can

3:06:59have access to me. Clients have massive

3:07:01access to me, more than the average dog

3:07:03trainer offers their clients. When you

3:07:06say your phone is on your building, are

3:07:07you referring to the sign with the phone

3:07:09number?

3:07:10>> The sign that's on on the building in

3:07:12front of the building on the on the

3:07:14door. That number has full access to

3:07:17>> Does that does that ring to your

3:07:18personal cell phone?

3:07:19>> Yes, ma'am. It does.

3:07:20>> How many employees does Harmony have?

3:07:21>> We currently have about five.

3:07:23>> You personal supervise all the

3:07:24employees?

3:07:25>> I do.

3:07:26>> Okay. And how much of a role do you play

3:07:28with the dayto-day operations and

3:07:30supervision of of Harmony?

3:07:32>> Well, I'm there to make sure. Uh, I do

3:07:35step away for um some private one-on-one

3:07:37trainings with client, but it's still uh

3:07:40the desired thing for most people. So, I

3:07:42do occasional lead, but I have uh the

3:07:46cameras I'm always watching. I'm very

3:07:48personal that are in my care. Some

3:07:51people can't have kids, so some people

3:07:53have dogs and to them that is their

3:07:54child. So, I take extremely seriously.

3:07:56So, I'm always monitoring the facility,

3:07:58making sure that everything is okay and

3:08:00the dogs are safe.

3:08:01>> And you can monitor those cameras on

3:08:02your cell phone. Correct. That's

3:08:03correct. Yes.

3:08:04>> Okay. Um and can you describe the

3:08:08improvements that you made to the

3:08:11physical property um to mitigate

3:08:14neighbor concerns?

3:08:15>> Yeah. So, uh, starting off from, uh, the

3:08:18first portion of the building that you

3:08:19guys see, uh, where the race car and the

3:08:21open for this meeting lives are not, um,

3:08:26we started by resealing the garage

3:08:28doors. That was the first thing I

3:08:29submitted to the the board was the the

3:08:32the receipts of getting all that redone.

3:08:36Um, from the garage door, we then work

3:08:39our way into the building.

3:08:40>> Excuse me. The garage door is on the

3:08:41easterly side of the property on the

3:08:43right side of the the aerial photograph.

3:08:45Correct. Okay.

3:08:45>> Yep. All the way to the right. So, if

3:08:46we're starting from the right to the

3:08:48left, we uh we went ahead and redid the

3:08:51garage door to help make sure we can

3:08:53mitigate any leaking sounds through the

3:08:54the door. I have them come in and check

3:08:56it once a year. So, they've already come

3:08:57across

3:09:00this to here.

3:09:01>> So, actually, if you

3:09:03>> Yeah, right there. Right around there.

3:09:04But so, here. So, then does that

3:09:06transfer to here?

3:09:08>> Yes.

3:09:09>> Okay. Yep.

3:09:10>> Thank you.

3:09:11>> Yeah. So, we had all the ceilings around

3:09:13the door redone. uh the rubber piece at

3:09:15the bottom. Um and then we put two uh

3:09:18blocks to keep it flush to the ground um

3:09:21in the evening so that again no noise

3:09:23can leak out. Um we went ahead and put

3:09:26AC units um AC back um units in there so

3:09:30that when we keep the the garage door

3:09:32that was a problem in the beginning the

3:09:33building didn't have any so I had to

3:09:35work to ventilate for a little bit. We

3:09:37went ahead and put AC units on it so I

3:09:39can keep that door on the regular basis

3:09:41closed unless we're opening up and

3:09:42letting out some dogs to go play outside

3:09:44and enjoy the wonderful weathers. So,

3:09:47working our way in after doing the

3:09:49garage door, um we proceeded to uh put

3:09:53rubber floors down to help any kind of

3:09:57fluctuating of any sounds bouncing off

3:09:58the grounds as well as it's a concrete

3:10:00building. So, from what I read, the best

3:10:03suggestion that was offered um within my

3:10:05price range was rubber floors, and that

3:10:08still cost me about $3,000. So, we put

3:10:10rubber floors again to try to help

3:10:12mitigate. We have a really big uh

3:10:14dividing uh dividing wall that helps

3:10:17separate sound from traveling from one

3:10:19side to the next. Um we also, um

3:10:23proceeded to soundproof the windows. As

3:10:26the other uh residents have mentioned,

3:10:28we soundproof the windows um and also

3:10:30put uh really thick um I don't know what

3:10:34they're specifically called, but they're

3:10:35auditorium curtains. So, they're very

3:10:37thick and sound the same that you find

3:10:39in an auditorium. It's the same kind of

3:10:42material that these curtains were made

3:10:43out of. Again, not super cheap because

3:10:45they're specialized in specifically

3:10:46soundproofing and help mitigating in the

3:10:48sounds.

3:10:50Um I could give the receipt exactly. I

3:10:52don't know off the top how much those

3:10:53were.

3:10:55Um, and going back to the easterling

3:10:57portion of the property, the outside

3:10:59recreation area, is that why is that

3:11:01area where it is?

3:11:03>> Yeah. Well, so with the flow of the

3:11:05property the way it is, it was the only

3:11:06little spot in that area that had actual

3:11:09without ripping up concrete or without

3:11:12doing any major construction, it was

3:11:14already a piece of dirt that already

3:11:17looked like had stone on it. And so what

3:11:19I did is I leveled it. I put sand on top

3:11:22of it. And then I proceeded to put a

3:11:25high quality astroturf that allows

3:11:27things to seep right through. And then

3:11:29the the rest of the system ultimately

3:11:31helps um what's the word? Uh filter

3:11:35through the urine. So the sand, the

3:11:36stone, it's going to help mitigate a lot

3:11:38of those. On top of that, what we do is

3:11:41I sprint uh once a month I'll spread um

3:11:44some type of it's literally cat litter

3:11:46for ashturk it up. You can sprinkle it

3:11:49all over it. I level it and then I let

3:11:52it settle for a little bit. And then

3:11:54once a week I on the weekends I spray

3:11:57that um entire area down one for safety

3:12:00purposes. Then we think develop

3:12:03parasites and any type of um various uh

3:12:06sickness. So I try to spray it down. We

3:12:08start we spray it down with uh

3:12:11wishywash. Wishy wash. It's a bleach

3:12:13component. So after we spray it all

3:12:14down, we let it sit for about 20 minutes

3:12:17contact and then we go ahead and rinse

3:12:18it all down so the dogs don't have any

3:12:20contact with it because it is bleaching

3:12:22can be very hazard for the dogs. And

3:12:24then on a more regular basis, we use

3:12:26green solution to kind of spray and

3:12:28mitigate any kind of potential smells.

3:12:30Um and also we use kennel salt for any

3:12:32contact stuff that is mainly used in

3:12:35veterary hospitals and stuff like that

3:12:37to help any kind of viruses.

3:12:41>> Okay. And the dogs bark at feeding time,

3:12:43right?

3:12:43>> Correct.

3:12:44>> That's Have you made modifications to

3:12:46feeding time in order to be a better

3:12:47neighbor?

3:12:48>> Yeah. Actually, on the weekends, I've

3:12:49instructed my staff to We don't start at

3:12:527. Actually, we start at 8:30 and

3:12:54sometimes in the August. For me, it's

3:12:56not ideal for dogs want to get out, but

3:12:59I did that to accommodate the the

3:13:02residents, especially on weekends. I

3:13:03felt the same with them. It's like, it's

3:13:04weekend. Let me see if I can start

3:13:06later.

3:13:08The groomers sometimes go in there. They

3:13:10start their day at 7:30 and sometimes

3:13:12that gets the dogs going when they hear

3:13:14people going in starting to wash dogs.

3:13:17And so we do start going in around 8

3:13:198:30 because if we don't go in the dogs

3:13:21just want to keep going because they're

3:13:22like, "Gee, I hear you're there. Feed

3:13:25me." So that's what order things.

3:13:28>> And you're a tenant of the building,

3:13:30right? You're not the property owner,

3:13:31>> correct?

3:13:31>> You're you're in a lease for this uh

3:13:33location.

3:13:34>> Yes, ma'am. Have you um can you ballpark

3:13:38um the value of your investment in this

3:13:41in this facility?

3:13:42>> Uh I am shy of $100,000.

3:13:46>> Never thought I'd hit, but that's what

3:13:48I've invested in the building.

3:13:49>> Okay. And it's your intention to operate

3:13:51longterm at this location?

3:13:53>> Ideally, that was the goal. I know

3:13:55Kentucky doesn't have a lot of resources

3:13:57when it comes to animals and offering.

3:13:59You know, I come from a family of

3:14:00veterary. I want to offer the ability to

3:14:02offer free rabies vaccines for the

3:14:03community. I want to be able to offer

3:14:05free training for people if they're in

3:14:06the community. You know, it's it's what

3:14:08I want to do. But it makes it extremely

3:14:10difficult where animal control wants to

3:14:12work with me. They can't because

3:14:13ultimately this probing to me keeps them

3:14:16at bay and then there's dogs the penalty

3:14:19get the home. And so it gives off really

3:14:22hinders whatever they have the

3:14:24capability of doing. Um, and so it's

3:14:26just it's sad.

3:14:28>> Part of your business and business model

3:14:31involves training dogs that have been

3:14:34rejected from other doggy daycarees. Is

3:14:36that correct?

3:14:37>> I want to say about 75% of dogs that

3:14:39come to my facility. If the facility was

3:14:41not there, they would not have the

3:14:43ability to enjoy a quality of life that

3:14:45another doggy bear could offer. like the

3:14:48surrounding uh doggy daycarees from

3:14:50friends of Toto to my lucky dogs, every

3:14:52other those dog places will refer over

3:14:55to when a dog can't play in a normal

3:14:57doggy daycare. What we do is we help

3:14:59that dog understand how to regulate its

3:15:01motion and also how to consensually

3:15:03interact with dogs. We also in the mix

3:15:05of it all try to find out what play

3:15:07style that dog does best with.

3:15:11So that's that's kind of what we

3:15:13>> Okay. You're aware of all the neighbor

3:15:15complaints?

3:15:16>> Yes. Did the neighbors reach out to you

3:15:18or your staff directly?

3:15:20>> In the beginning, um it was a bit of a

3:15:22dialogue. Um I thought we had a decent

3:15:26one on our first conversation. Uh the

3:15:28second time I was not there and she did

3:15:31run into an employee that has absolutely

3:15:33zero people skills. He no longer works

3:15:35for me. Um and then after that

3:15:38experience, she never came back over to

3:15:40us. As many times I've come to meetings

3:15:43to to Joseph and be present, be active.

3:15:46Um, no one's reached out, um, no one's

3:15:50ever emailed me and been like, "Louis,

3:15:53this morning they're barking." I would

3:15:56promise you I'd get up in the middle of

3:15:57the night or whatever time of the day it

3:15:58was and I would go address the situation

3:16:01that if I was in the state.

3:16:04Um, and you're aware that other tenants

3:16:08in the building and specifically a

3:16:10reporting studio might be causing some

3:16:12of this issue with barking after hours,

3:16:15correct?

3:16:15>> Yeah. So, for a little bit, I wasn't

3:16:16trying to bring any heat to my landlord,

3:16:18but he does have a a music studio that's

3:16:21directly above my boarding. And so,

3:16:23around the 8 9:00 where we're leaving,

3:16:26they're pulling in and starting playing

3:16:28music. And it would almost sound like

3:16:30they're in my union playing music. And

3:16:33then when they're not playing, they're

3:16:34talking and walking around, it triggers

3:16:36the dogs and then they hear the people

3:16:38and they start reacting to it. Um, and I

3:16:41think that's where the perpetual cycle

3:16:42in the evenings are happening. I've

3:16:44tried speaking to the gentleman. He's a

3:16:47music guy. That's the best time that he

3:16:49can do music while he also runs his

3:16:51full-time job. And so there's no

3:16:53movement there.

3:16:54>> And you'll be discussing this issue with

3:16:56your

3:16:56>> Oh, yeah. Yeah. Yeah. We we've been in

3:16:58conversations about it.

3:16:59>> Okay. Can you make or can you think of

3:17:03other modifications to the business,

3:17:06either the physical property or your

3:17:08business operations that could um make

3:17:11the situation better for my neighbors?

3:17:13>> Uh yes. Uh there is a couple more things

3:17:16that I've researched and I've been able

3:17:17to find. I finally can't afford it right

3:17:19now, but it would be a goal. It would

3:17:22cost me having to rip down a few walls

3:17:24and then redoing them with this material

3:17:27and then reinsulating those walls and

3:17:29then putting up the sheetrock. Even in

3:17:31the sheetrock and the walls that we put

3:17:33up, it's concrete. It's another wall.

3:17:36It's in uh soundproof um insulation. So,

3:17:40it's a little bit more dense and thicker

3:17:42material that we put in between uh the

3:17:44studs. And then it's two sheetrocks um

3:17:48to also create that space. So, the

3:17:50material that I've been able to find,

3:17:52it's a rubber thing about I think it's

3:17:54about a/ inch thick. Um, it actually

3:17:56goes against the studs and you put the

3:17:59you put the um the rest of the stuff and

3:18:02then you put the sheet rocks and and on

3:18:03it goes and that really helps mitigate a

3:18:06lot of sounds. They say it's rated up to

3:18:08110

3:18:10something. Got the actual measurement of

3:18:13sound. Are you looking for some degree

3:18:15of of business certainty from the city

3:18:17before making some additional

3:18:18substantial investments in the property?

3:18:20>> Yeah, unfortunately. Yeah, that's kind

3:18:22of where we've had the whole some of the

3:18:23stuff.

3:18:24>> Okay. And I just want to be clear,

3:18:26you've been visited numerous times, your

3:18:27your property, your facility has been

3:18:29visited numerous times by various city

3:18:31officials, including members of the

3:18:33police department, animal control

3:18:34officer, the zoning official. Um, have

3:18:37you ever been have has a void meter ever

3:18:39uh has anyone ever told you you're in

3:18:41violation?

3:18:42>> No, ma'am. Okay.

3:18:43>> And even with the with the zoning when

3:18:45we first opened, I had two actual zoning

3:18:47inspections. So, um I had one initial

3:18:50when I first opened and then when I

3:18:52first started coming to the council

3:18:53meetings, it was recommended by the

3:18:55council that we had another inspection

3:18:56of the zoning and that same lady came by

3:18:59and did another inspection of it. Um I

3:19:01think I have the records. I'd have to

3:19:02just deep dive and look, but um really

3:19:05nice lady, shorter woman, um Caucasian,

3:19:09um again, she came by. She walked

3:19:10through it all just to make sure. What

3:19:12she consistently did was walked around

3:19:14the outside, walked around um the

3:19:17building where we were at and also um

3:19:20the other side of the portion of where

3:19:22we also utilizing. So she did walk

3:19:24through twice and look at these little

3:19:26things. I couldn't tell you what she was

3:19:27looking for. Um but she meant business

3:19:30when she came in. She looked for it.

3:19:33>> Um and what um percent of your business

3:19:36is boarding dogs overnight versus just

3:19:38doggy daycare? I want to say it's about

3:19:41equal across the board. I think uh not

3:19:44only is just boarding, but I I do board

3:19:46and train. So dogs that can I only board

3:19:49and train dogs that are unfortunately

3:19:50not safe. So I evaluate them. I bring

3:19:53them in. I look at them. I see what I

3:19:55can do. Is this a fixable thing? Whereas

3:19:57we have to do unfortunately a behavior

3:19:59with an angel. And knock on wood. I've

3:20:01been pretty successful in rehabilitating

3:20:03a lot of these aggression dogs. um from

3:20:05working with animal control officer in

3:20:06the different cities and town um states

3:20:09um to other rescues helping them

3:20:11rehabilitate dogs and finding them home

3:20:13as well. Um so those are mainly I don't

3:20:16always do boarding trains um just

3:20:18because

3:20:20I think clients have the tendency of

3:20:22thinking this is a fixall. So I bring

3:20:23the dog in, I fix them, I train them and

3:20:25yay I don't got to do nothing. But

3:20:27that's not really the truth of the

3:20:28matter. So I pick and choose the clients

3:20:30that I want to work with and dogs that I

3:20:32want to do a board and train with. So

3:20:33other than that, we do have a small

3:20:35group of people that board dogs, but I

3:20:37want to say on max it's about 10 to 11

3:20:40dogs.

3:20:40>> Okay. But there have been times in the

3:20:43past and there may be in the future when

3:20:44a dog for instance barks so much and

3:20:46can't be trained and you can't

3:20:48accommodate that dog at your facility

3:20:50forever.

3:20:51>> Sure. Yeah. Yeah. I mean, we have a

3:20:53really expensive breakdown of how we

3:20:54approach that dog to help relaxation and

3:20:57create a little bit of more uh

3:20:59regulating of motion, but when a dog's

3:21:01in their kennel and they're just losing

3:21:02their mind, bark and bark and bark and

3:21:04that dog's never been taught to control

3:21:06and process emotions, right? It just it

3:21:08it's being restricted and the dog

3:21:10doesn't understand it. So we help the

3:21:11dogs understand what is needed in that

3:21:14kennel, provide some enrichment, get the

3:21:16dog to think a little bit, you know, and

3:21:19then when you finally settle down, even

3:21:20if it's a split for a second, we'll go

3:21:22in there and reinforce that behavior.

3:21:24There you go. You're getting might be a

3:21:26little bit, but you're getting and then

3:21:28they eventually start learning through

3:21:29miring one another and other dogs that

3:21:31are calmer. They learn, hey, I'm quiet.

3:21:34I actually get a lot more things. So

3:21:36they are I've had many conversations

3:21:39even with the zoning lady uh Carl when

3:21:41he came by and did an inspection uh the

3:21:44mayor when he came by and looked at my

3:21:46facility we've all had conversations in

3:21:48the kennel room I after the conversation

3:21:51with them I go hey by the way we just

3:21:53had a conversation a full conversation

3:21:55for 15 minutes in my boarding area

3:21:57they're like oh there's dogs in here I

3:21:59go yeah there is they're just all right

3:22:01there sleeping

3:22:02>> and and your your own pet is on the

3:22:04facility

3:22:04>> yes ma'am yeah my chihuahua Oh, my whole

3:22:06Belgium.

3:22:07>> Okay. Um, would you be willing to meet

3:22:09with city officials and the neighbors

3:22:11either together or separately to discuss

3:22:13their concerns?

3:22:14>> It's always been my number one approach

3:22:16is I'm here to open. I've offered I've

3:22:18sent uh countless emails to a v all of

3:22:22you I think if not also state anybody

3:22:24that's welcome to stop by. I didn't even

3:22:26follow me up on that. He said I popped

3:22:29up on you without telling you I was

3:22:30coming by. I go I just left to a lesson

3:22:33but I'll be back in a couple minutes.

3:22:34you're welcome to go do a tour if you

3:22:35want. The staff will give you a tour.

3:22:37And he did. And then he came back a

3:22:39little bit later and had a conversation,

3:22:40looked at some of the facility and what

3:22:42the concerns were. And that's, you know,

3:22:44the intent. Then I did the same thing

3:22:46with Clovis when he first came to the

3:22:47facility. Hey, you want to come and

3:22:49smell the grass? You smell grass? I

3:22:51said, "You don't smell anything?" "No, I

3:22:52don't." I said, "Want to go over here

3:22:54and let's walk around, smell where other

3:22:55concerns are?" And we sat down in my

3:22:58consultation room and had a

3:22:59conversation. And I go, "Are we finding

3:23:01anything?" Go, "No." I go, "So, what can

3:23:04I do to help accommodate? How can I help

3:23:06fix this problem? How can we bridge

3:23:08community?" And I was faced with,

3:23:10"That's your problem to figure out, not

3:23:12mine."

3:23:13>> And and this is your livelihood, right?

3:23:15This isn't a side hobby.

3:23:16>> No, I'm full time. This is what I do for

3:23:18a living.

3:23:19>> Mr. Chair, I don't have any further

3:23:21questions, but Mr. Rosado has prepared a

3:23:23very brief statement. Okay. All right.

3:23:26We're good.

3:23:26>> I I don't have any further questions for

3:23:28Mr. Rosado.

3:23:33I'm not

3:23:36aggressive dogs.

3:23:38>> Yes, sir.

3:23:39>> We agree that they're probably a little

3:23:41bit louder than already trained dogs.

3:23:44>> Actually, surprisingly, they're going to

3:23:46be the most quiet. They're actually very

3:23:47timid. They're very scared. They're

3:23:49actually going to pin themselves in the

3:23:50corner and just be quiet. And that's the

3:23:53rest

3:23:55of you asking about the aggressor dogs.

3:23:57So, they won't be the most loudest. The

3:23:59louder ones are like the puppies that

3:24:01come here or or the the one to one to

3:24:05three year old dog that doesn't was

3:24:06never taught how to understand what a

3:24:08kennel means. So maybe the next month

3:24:10we're working on kennel routines

3:24:11training with the dog and getting them

3:24:12to understand it. The aggression dogs

3:24:14are you're only going to hear them when

3:24:16you're going to try to get them out of

3:24:17the kennel. They're going to just make a

3:24:19big sound big show to hopefully for you

3:24:22to leave them alone.

3:24:24My other question, I think it was about

3:24:26the second time uh that came down

3:24:31mentioned earlier about

3:24:34DD

3:24:38every single

3:24:40regulation

3:24:43and it talks about

3:24:46every

3:24:51requires outdoor for exercise

3:24:56or

3:24:58am I correct? So, so what I understand

3:25:00even as an animal control law I have to

3:25:02read through all those books as well and

3:25:04even the laws for as an ACL there I

3:25:07don't believe there is any statement of

3:25:08that.

3:25:10>> I'm I'm trying to wrap my head around

3:25:11the whole thing. I think

3:25:13>> what we have is there situation.

3:25:16>> Yeah.

3:25:18>> I'll leave it at that.

3:25:19>> Kind of what you were saying though is

3:25:21what he's talking about is they measure

3:25:22they don't care the size that's in the

3:25:25kennel. What they do is care about the

3:25:26size. They measure from the side of the

3:25:28animal to the side of the actual kennel.

3:25:31From the top of the dog's head to the

3:25:33top of that kennel. That's how they

3:25:35measure not the cases

3:25:37the the kennel is in in in regulation.

3:25:42>> If I'm if I could just one question

3:25:44based off that one. Why do you have the

3:25:46outdoor area that's not required?

3:25:48>> I think it's also super important for

3:25:49the dogs to get out stretch our legs and

3:25:51you know being in a kennel for any

3:25:54period of time. If I had him be in the

3:25:56in the facility, then we're going to

3:25:57spend all our time like cleaning that

3:25:59up. So outside I can at the end of the

3:26:02day hose it down. While they're out

3:26:03letting the dogs pee, they can hose it

3:26:04down and clean it up a little bit

3:26:06different than where we don't have

3:26:07drains in the facility.

3:26:09>> And you know what

3:26:16sometimes it does not

3:26:20operate your business in a city

3:26:22situation, right? But I always like

3:26:24brought up that it does not be

3:26:27compliant. I get it. It's probably

3:26:29better probably better than all the

3:26:31rest. But

3:26:34to me that way

3:26:37don't have the outside.

3:26:38>> Yeah. Then of course it takes where then

3:26:40we're just potting up. It takes more

3:26:42time. You're generating more money. It's

3:26:44it makes things a lot more comfortable.

3:26:46>> We're trying to

3:26:48fix the old bidding situation. That's I

3:26:52think that is actually sort of genesis

3:26:55of

3:26:57in the licensing or it's a 200 foot

3:27:03you know so I I that was just my thought

3:27:06on the whole thing too much here um I

3:27:11got three questions over here

3:27:16>> Mr. Zario, your councelor asked you a

3:27:19question and I didn't kind of get the

3:27:21answer to it. So I I really want to ask

3:27:23it again.

3:27:24>> Under your business model, how much of

3:27:26your business model is boring? You said

3:27:29something about equal. [clears throat]

3:27:30>> You said 11. Yeah. So what's that? 80%

3:27:3220

3:27:33>> 50. So it's 5050.

3:27:35>> They're spread out equally across all of

3:27:36it from day school to boarding. Some

3:27:39days we're slow on day school and then

3:27:41boarding is up a little bit and then

3:27:43some days we don't have any boarding

3:27:44because holidays people are sending

3:27:46their dogs to day school. So on average

3:27:49how many how many dogs are you boarding

3:27:51in a week during

3:27:54I don't have that number but I can tell

3:27:55you on average we don't exceed more than

3:27:5740 dogs. That's a really like really

3:28:00busy day. Even then I think the most we

3:28:03see is 30 32.

3:28:05>> And you're boarding those animals or are

3:28:07they just coming into your facility?

3:28:09remember on average throughout the

3:28:10entire from day school to think we don't

3:28:12see more than that on average for

3:28:14boarding

3:28:16in a month it'd be hard to determine I'd

3:28:18have to like pull up specific numbers

3:28:20but if I want to throw you a ballpark

3:28:21figure I think on boarding

3:28:27so let's say we have about 10 dogs and

3:28:30the length of their stay would

3:28:32ultimately be about

3:28:34four or five days some days there's

3:28:37occasionally where one or two go to

3:28:39their fellow attendant like most people

3:28:40are going for like education a week at

3:28:44mass. Not many of that are going to go

3:28:46for two or three weeks. So even then

3:28:47their stays are very short.

3:28:51>> Follow that. How about on average

3:28:52person?

3:28:55>> That's not we're not trying to catch

3:28:58them because we're trying those.

3:29:01>> Oh that's those are the questions. um on

3:29:04night. Um

3:29:07I've never like really looked at like

3:29:09certain nights. Some nights are we have

3:29:10like I want to say like four dogs and

3:29:14then some nights will end when we

3:29:16they're boarding

3:29:18maybe 10 11 12 like around there. Again

3:29:23I'm not a high volume facility. I'm a

3:29:25special team.

3:29:29>> Quickly just to follow up on that one I

3:29:31had one question. So you would say the

3:29:34fair statement is you have dogs staying

3:29:36overnight every night?

3:29:37>> Every night? Yes, sir.

3:29:38>> Yeah.

3:29:39>> Okay.

3:29:39>> Would you have any dogs that you would

3:29:41consider

3:29:44animal dogs that are there all the time?

3:29:46Like do you have dogs? Are your dog

3:29:48there every night? Like is there is

3:29:50there a dog that stay there all the

3:29:52time, never goes home?

3:29:53>> There are two dogs. One currently uh

3:29:55it's a gentleman that is going through

3:29:58some PTSD. He's a service member and so

3:30:00we're doing currently some pro bono for

3:30:02the gentleman um while he is working

3:30:04through his mental health issues. I've

3:30:06been working with a company called 22

3:30:08Mohawk and then also I leave my dog uh

3:30:11there at night um because I

3:30:13unfortunately renting and we're

3:30:15currently trying to build my house. So

3:30:19>> okay,

3:30:19>> two dogs.

3:30:22Um,

3:30:25give me a quick concise because you said

3:30:28you obviously have experience with dogs,

3:30:29you have experience with the business

3:30:30owner, but like to open a kennel, what

3:30:33does the background and education look

3:30:35like for that? Um, is there licensing to

3:30:38like just specifically for the person to

3:30:41become a kennel owner? Is there

3:30:42continuing education or you just I want

3:30:45to open a kennel. Doesn't matter what my

3:30:47background is. I just want to open it

3:30:49and I can do that and never have to

3:30:51learn anything else about it.

3:30:52>> Yeah, unfortunately the regulations is

3:30:53exactly that. You can just open up

3:30:55tomorrow if the money you have the money

3:30:57you can open it as long as you find the

3:30:59place to open it. It meets all the

3:31:01zoning requirements.

3:31:04There's no certification for dog

3:31:05training. There's no certification to

3:31:06open up that stuff.

3:31:07>> And when you say the regulations, you're

3:31:09referring to the state regulations.

3:31:10>> Yeah. There's no state any any kind of

3:31:13regulations for dog trainers in general.

3:31:14So, do you do any

3:31:16>> I do a lot. Yes, I've worked at

3:31:18organizations like Dogs Blade for Light.

3:31:21They're known for shelter work,

3:31:22specifically helping um negate any

3:31:24behavioral stuff. They kicked out of

3:31:26shelters. I work with them. Actually got

3:31:28something scheduled in October. Going to

3:31:30be spending another four days with them

3:31:31working on uh my mentorship um stages

3:31:34through them. Um I do a lot of work uh

3:31:37workshops. um work with a lot of

3:31:41I like to say I'm pretty lucky to have

3:31:43some really good high-end trainers that

3:31:46are good mentors to me that help me

3:31:48through these uh certain cases and dogs

3:31:51that I work with. So I I do believe in

3:31:52continual education I believe that when

3:31:55I was a vet um I've just now shifted my

3:31:57studies to behavior and stuff like that.

3:32:00>> When you talked about going and seeing

3:32:02Michelle and a couple of times and she

3:32:04said no it's not going to work not going

3:32:05to work. So you probably had a good idea

3:32:06of what was going to work

3:32:08>> when you tooured this property. Mhm.

3:32:10>> There was not one moment that you said I

3:32:13might be too close to these houses. Even

3:32:15though it's not it might have not been a

3:32:17part, but as you somebody who has stated

3:32:18that you have worked with dogs for a

3:32:20long time, then

3:32:21>> there was no part of you that said,

3:32:23>> "Yeah, this actually just for my own

3:32:24comfortability probably won't be a good

3:32:26thing."

3:32:27>> Uh I actually took in consideration that

3:32:29there was a race car company in there

3:32:30before, so they must have been used to

3:32:32hearing those cars. I mean, when I first

3:32:35moved, I they shifted down to the other

3:32:37part of the the building and I heard

3:32:38them in the morning. I was like, "Whoa,

3:32:40what was that?" Once I looked outside,

3:32:42I'm like, "Oh, that's a race car, not a

3:32:44bomb going off." Uh, but ultimately,

3:32:46they would unload those cars and move

3:32:48them around and do body work on them.

3:32:50So, my actual my mindset was like, "This

3:32:52might be good. It's industrial. They

3:32:54have race cars going in and out all the

3:32:56time. They got a, you know, a truck shop

3:32:58across the way, moving in the the import

3:33:01company across the street. They're

3:33:03always peeling out and blowing tires off

3:33:05their cars on a regular basis. there is

3:33:07a kid, you know, in Pinto that, you

3:33:09know, was wheeling his motorcycle and

3:33:11doing a bunch of crazy stuff, loudness,

3:33:14we had the music studio. So, no, it

3:33:15didn't dawn on me that the dogs would

3:33:18make the neighbors upset.

3:33:21>> And my final question just fell for my

3:33:23notes. Um, we've been there since4.

3:33:28>> When is your lease, you said your lease,

3:33:30when is it up?

3:33:31I don't I mean it was a 5year

3:33:45>> yes

3:33:54you

3:33:57fill out an application for academy.

3:34:00Yes.

3:34:02>> And

3:34:06are you aware of

3:34:09you

3:34:11following the application requirements?

3:34:14I have read understand

3:34:41The

3:34:43paragraph in the red says applicants

3:34:46should read and commun

3:34:49the city

3:34:53here.

3:34:56Would you take a look at that before you

3:34:58apply the application process?

3:35:03I did.

3:35:04>> You did. Okay.

3:35:05Were you aware that there's specific

3:35:08requirement in the ordinance under

3:35:11section 11656 if you're allowed says you

3:35:15must meet all the special use

3:35:17requirement of the feder

3:35:20in section 1460

3:35:23from the city

3:35:28>> I'd looked at all the documents that was

3:35:30opportunity to follow

3:35:32>> okay

3:35:33>> I don't remember you so I apologize That

3:35:35that's fine. And you said because you

3:35:39testimony earlier that you did your due

3:35:41diligence to be a businessman. You want

3:35:43to make sure that

3:35:45>> No, I said I was dog trainer first. I'm

3:35:46not a business.

3:35:47>> Yeah. Yeah. Yeah. But you said you did

3:35:50due diligence to make sure that problem.

3:35:53Um,

3:35:56were you aware that you did business

3:35:58based on

3:36:00real

3:36:01looked me up the hill, but you typically

3:36:03drove through 200 ft of residential?

3:36:06>> To my understanding that didn't that did

3:36:08not I did not have to meet those

3:36:11requirements based off my zoning.

3:36:14>> You you understand who did you get that

3:36:16understanding from?

3:36:18>> From the zoning department when I did my

3:36:20research and I spoke to

3:36:23What did they tell you?

3:36:25>> Same thing they told you

3:36:27>> which is

3:36:28>> that I don't have to meet those

3:36:30requirements.

3:36:31you was you didn't have to meet the

3:36:33requirement that was on the ordinance

3:36:35the one you read into

3:36:38when you apply for the application right

3:36:45how soon did you become aware that there

3:36:48were issues regarding

3:36:52residence

3:36:53>> I received something in the mail ask me

3:36:55to uh appear for a nonformal meeting

3:36:59>> so when I'm talking about 2024. That was

3:37:02when you started.

3:37:04>> I know I'm answering. The first time I

3:37:05knew there was a problem the first time

3:37:06I showed up to a informal meeting.

3:37:08>> And that would have been when you first

3:37:10came up, right?

3:37:12>> I'm sorry.

3:37:12>> That would have been in March of 2024

3:37:14when we had the hearing initially

3:37:18>> when I first received that notice that I

3:37:20need to come to an informal meeting.

3:37:23>> That was

3:37:26the problem.

3:37:29for some period of time that's around

3:37:33and you apply

3:37:35correct and ultimately.

3:37:39>> Yes sir.

3:37:41So uh do you recall on that date would

3:37:45any of your residents were present

3:37:48but it

3:37:51didn't have an issue

3:37:53but

3:37:54>> sorry receive the question at the

3:37:56meeting

3:37:59>> yeah

3:38:01I don't understand the question

3:38:04you were is it fair to say that from the

3:38:06start you're aware that there were

3:38:08issues with your business

3:38:10up in those uh residences. Is that

3:38:13correct?

3:38:14>> So I started knowing that there was an

3:38:16actual issue was when I finally came in

3:38:19for that informal meeting and the

3:38:21complaints were finally starting to

3:38:24surface and I go, "Okay, we got a

3:38:25problem here."

3:38:26>> That was You said that I was right from

3:38:28the start eventually when you open.

3:38:30>> No, because that was a year later.

3:38:32>> You're late.

3:38:35you this has been what year?

3:38:39>> I don't have my notes.

3:38:42>> My recollection is you came in 24. We

3:38:45gave you a license somewhere in the

3:38:46springtime 24.

3:38:49And then if he came

3:38:52probably almost 12 months later when we

3:38:54first heard what we would see

3:39:03>> yeah this reading

3:39:06>> um

3:39:07>> you're saying that's the first you were

3:39:10made aware at least from city

3:39:12>> that was a

3:39:15for an informal hearing. Yes,

3:39:18[clears throat] correct.

3:39:19>> Okay. So, that roughly give or take

3:39:22March of 25 when the renewal would have

3:39:24been offered.

3:39:24>> Yes, sir.

3:39:25>> Okay.

3:39:26>> But no, I'm just going back to when you

3:39:28were first granted the license. That was

3:39:31in March of 2024. Is that correct?

3:39:34>> I do believe so.

3:39:35>> That's the date that was issued.

3:39:36>> And do you recall when Mr. Weeden whose

3:39:39life came in early testifying was

3:39:42private and expressed his problems that

3:39:46fact that the kennel was going to be

3:39:48opening right on the property.

3:39:52>> No. Well, we have to do

3:39:56>> Okay.

3:39:58>> So,

3:39:59>> yeah.

3:40:00>> I don't

3:40:13Um,

3:40:16>> yeah, just one quick question. What's

3:40:18your capacity, Ellie? How many dogs can

3:40:20you stay overnight? Uh, what is that? X

3:40:24>> 37 is what DEM has allowed me to have as

3:40:26of right now.

3:40:27>> Okay. Thank you. Yeah,

3:40:29I I'll just say fate as well that

3:40:33you know we've heard tonight that we're

3:40:35not zoning experts.

3:40:38I certainly don't consider you as a

3:40:40business man affirming that you comply

3:40:43with everything be a zoning expert to do

3:40:46that. So, uh, again, I think this is a

3:40:50licensing problem

3:40:53and a sighting problem

3:40:56that we're going to have to figure out.

3:40:59Um, but from a business application and

3:41:04license issu issuance,

3:41:07uh,

3:41:09I don't think you're at fault and I

3:41:12don't think the zoning department, the

3:41:14voting director is at fault. we've got a

3:41:18disconnect.

3:41:20Um,

3:41:23and it's precisely why there's that

3:41:26additional

3:41:30offer language.

3:41:34We we didn't even win. Now we're having

3:41:37to deal with it. But um you know the

3:41:40fact that you said yes, you understand

3:41:43everything.

3:41:45You heard us say we haven't got into I

3:41:47can't expect you to have officially

3:41:51affirming your knowledge.

3:41:53>> Yeah. That's why I initially said I I I

3:41:55didn't know like exactly like to my

3:41:58understanding. I showed up I showed all

3:42:00the paperwork. I was told by officials,

3:42:02hey, yeah, man, you're you're good. I

3:42:05said, okay, cool. Is there anything else

3:42:06I need? Nope. And I was

3:42:09I was very adamant about finding I went

3:42:12to his office to try to get his

3:42:14attention because I needed his approval

3:42:15to get on the meeting. And it wasn't

3:42:17until I actually spoke to Mr. Ridwell,

3:42:20somebody. Was it you that I spoke to?

3:42:22Somebody I spoke to on the phone that

3:42:24was like, "Oh, I'm so sorry you're

3:42:25having a hard time finding Log." And

3:42:27then I got put on the meeting and I

3:42:28finally got it. I seek out almost nearly

3:42:31I have a document that I just don't have

3:42:33it with me. How many times I called, how

3:42:34many times I showed up to his office. I

3:42:36asked the other person that rents a

3:42:38portion of that office, "Hey, is it Mr.

3:42:40Greg?" I've never met the man. And the

3:42:42only time I actually had a full-on

3:42:43conversation with him was after I

3:42:44actually got on the agenda is when I

3:42:46first got the So, had I known prior to

3:42:49that, I would have done differently, but

3:42:52I only did with the information I was

3:42:54given.

3:42:57Uh, anybody have any other questions for

3:43:03>> Mr.

3:43:09Given the circumstances?

3:43:10>> Yes, ma'am.

3:43:11>> My question to you is you've seen

3:43:13everything that's laid out. You've seen

3:43:15our issues with the neighbors.

3:43:17>> You're a small business. I get it.

3:43:20Do you feel there's any further

3:43:22remediation of anything you've heard

3:43:24here that you could

3:43:27work on?

3:43:29>> Yes.

3:43:30>> And I understand the thicker wall, but

3:43:33you've heard about smells and and

3:43:36whatnot.

3:43:37In a perfect world, how would you

3:43:41preserve remediate what's what you've

3:43:43heard today? So, in a perfect world, if

3:43:45I had it every month, I would have

3:43:47already put that exclusion. But

3:43:49unfortunately, a 30 split unit right now

3:43:51is going to cost me $13,000. I didn't

3:43:53have it or unfortunately I'm facing the

3:43:56issue on getting scared. So, I have to

3:43:58postpone the the upgrades I was going to

3:44:01do. And I it doesn't mean the dogs have

3:44:03to suffer, but I have to compensate and

3:44:05and make sure that the air is being

3:44:08filtered and given clean. And I don't

3:44:10want to create any violations for

3:44:11myself, but I would have put up a VC

3:44:13unit prior and that wouldn't be the way

3:44:15I would be instead of putting it in my

3:44:17window. I would have already put up the

3:44:19rubber fix, but I can't keep putting

3:44:22money into a place that's potentially

3:44:23going to be taken away. I'm already

3:44:24$100,000. I'm concerned I might lose

3:44:27that, you know. So, I have to put some

3:44:29resources unfortunately in the on the

3:44:31back to see depending on where this is

3:44:34going. But if you know to answer your

3:44:36question, you know, obviously we can

3:44:37definitely put up some more split unit

3:44:39AC so that that doesn't smell doesn't

3:44:42get out there. U you know like I said

3:44:45that product that I found I actually met

3:44:47the people at a daycare and boarding

3:44:49expo I I kind of exposed I explained to

3:44:52him my situation

3:44:54this will fix your problem but it's not

3:44:56cheap you know. So

3:44:59>> their ventilation

3:45:01supposed to be

3:45:03>> it it as she was mentioning it goes out

3:45:06it goes out of window. So we'll just

3:45:07have it passed through a window.

3:45:09It's a portable.

3:45:11>> You don't have an actual exhaust fan

3:45:12towards you.

3:45:14>> No,

3:45:16>> we have a a headler approved air

3:45:18scrubber for the air and then we have AC

3:45:21unit that blows out and circulates the

3:45:24air as well as humans.

3:45:28>> And I know you mentioned outside of the

3:45:32dog, there anything in that section to

3:45:35make it smaller?

3:45:40I think so. I think that could be a

3:45:42possibility.

3:45:44I just don't think from the sounds of

3:45:46what I'm hearing doesn't sound like

3:45:48regardless of what I do, they just don't

3:45:50walk. So, I think just changing anything

3:45:53or doing anything I've not they reached

3:45:56out to the the roommates, but they've

3:45:58never reached out to me and think, hey,

3:46:00this is bothering me. No problem. So,

3:46:02sorry. Let me try to accommodate you for

3:46:03that. Hey, here are my goals. I just

3:46:05know this ain't going to be forever.

3:46:07There's no communication.

3:46:09I try not to even communicate. My

3:46:11landlord suggested walk around,

3:46:12introduce myself, and talk. I've stepped

3:46:14away from doing that or thinking about

3:46:16doing that because just simply pulling

3:46:18over the side of the road to take a

3:46:19phone call for not being betrayed as I'm

3:46:20stalking my neighbors or doing something

3:46:22undesirable. Listen, I'm a I'm a father

3:46:25to a 13-year-old daughter. It's really

3:46:26insulting when someone betrays me with a

3:46:28stalker or anything that hurt me. And

3:46:30it's just not in my in my DNA to ever do

3:46:32that. It's a little disheartening, but

3:46:35at the end of the day, I'm going to do

3:46:36the If you can keep the lines open, I'm

3:46:39here to help. But to kind of answer, I

3:46:41just my fear is regardless of what I do

3:46:44to fix the problem, it'll just be more

3:46:46and more and more and more and more. I

3:46:49can't thank everybody.

3:46:51I'm literally going crazy with all this.

3:46:56Um

3:46:57question

3:47:02just some of that part of your building.

3:47:08>> Yes.

3:47:12I think

3:47:16I asked you a question. What value you

3:47:18think the plan for? We've been at this

3:47:21for a couple hours already.

3:47:23I'll I'll summarize what I expect Dr.

3:47:26Patterson to testify to. I I'll simply

3:47:28summarize that I expect him to testify.

3:47:30He's going to speak with his other

3:47:32tenant, the recording studio, to um

3:47:35address the issue of the Indian late

3:47:38night recording sentence and be uh kept

3:47:42overnight in the facility. So, if the

3:47:44board wants to hear directly from him,

3:47:46>> we'll fully accept that.

3:47:48>> Okay. Um I know that there may be some

3:47:51um

3:47:51>> yeah I've got some clients that came to

3:47:54if you guys have any questions for you

3:47:55clients that are in that facility

3:47:58you know this is really

3:48:02exciting issue

3:48:05it's it's not about the quality of your

3:48:08they've had the opportunity to to like

3:48:10they've sat for hours they're here to

3:48:11back me

3:48:12>> the the other people said their piece

3:48:15every time people come to support me I

3:48:17was told that this is the opportunity

3:48:18for them to be able to voice and support

3:48:20me in what we're doing at Harvey. And

3:48:22every time people come, it always gets

3:48:24suppressed,

3:48:24>> right? So, and I don't intend to, but

3:48:26I'm just going to say ultimately it's

3:48:29not about it's not about how good,

3:48:32how good is it,

3:48:34>> what they can voice on the fact how what

3:48:36their experiences are going in

3:48:39the yard.

3:48:41>> Spent two plus hours. He comes out of

3:48:44city.

3:48:45>> My dog's awaited about to use the

3:48:46bathroom, too. So, I get it. So uh okay

3:48:52if I may are these the same people who

3:48:54sent in written comments.

3:48:56>> Uh I think maybe one person is here that

3:48:58wrote in but the other one is u not

3:49:01there they they held their comments so

3:49:03they can come here and conversate with

3:49:04you guys.

3:49:05>> All right. So um let's stipulate to what

3:49:09the landlord was going to say and then

3:49:11we'll hear from the folks who

3:49:16>> Thank you. and and uh at the conclusion

3:49:18of that testimony uh I'd like to make a

3:49:21very brief legal argument addressing the

3:49:23licensing and zoning sections.

3:49:25>> Okay.

3:49:26>> Thank you.

3:49:27>> What what what we will do is we'll hear

3:49:30from those folks uh we'll let them just

3:49:33come up and speak. You don't have to do

3:49:36any questioning and then

3:49:39before you leave the lodgement going

3:49:40take a five minute recess of

3:49:44our Thank you. Um and uh we'll continue

3:49:50that.

3:49:51>> Thank you.

3:49:55>> Um well, I don't have any names that

3:49:56anybody would like to raise their hand

3:49:59and come up for

3:50:01you to come forward.

3:50:06You can just give your name.

3:50:09>> Liv. Yes.

3:50:11>> What your last name called?

3:50:12>> K E A T O N.

3:50:14The address

3:50:15>> 411 Valley Street

3:50:18>> Valley

3:50:19>> Valley A L Y

3:50:29testimony about the truth the whole

3:50:31truth and nothing but the truth. I do.

3:50:38>> We do have your Yeah.

3:50:42Tell us what you'd like to say that we

3:50:43have it already seen.

3:50:44>> Yes. Very briefly, um, I've been a

3:50:47client of Harmony Dog Training since

3:50:48they opened in 2024. Uh, and just to

3:50:51speak directly to the fact that today,

3:50:53I've never witnessed any any unsanitary

3:50:57conditions, any any noise that concerns

3:51:01me. has ever been worried for my dog

3:51:02safety. Actually, my dog's probably the

3:51:04biggest offender for barking and he has

3:51:07gone down dramatically in barking since

3:51:09I've taught him there. So, I can

3:51:11personally testify to the fact that my

3:51:14dog who is very loving and cheerful um

3:51:18has been effectively trained with to not

3:51:22respond to other dogs barking and to

3:51:24other stimuli. He actually when I bring

3:51:27him into harmony, he goes, "Well,

3:51:28there's a league." Totally silent there.

3:51:31Absolutely no commentary from him going

3:51:33in or out of the building. So, I just

3:51:36here to say, um, I've personally seen

3:51:38how effective the methods are in

3:51:40reducing noise. Uh, and I have complete

3:51:43confidence in anything says and trust

3:51:46absolutely

3:51:53for us. Would you like to come up?

3:51:57If you give your name and address

3:52:00Megan McMurray

3:52:02145

3:52:03>> sorry Megan M g a fmur

3:52:08m a c m u r r r r r r r r r r r r r r r

3:52:10r r r r r r

3:52:16>> 145 sales app

3:52:23>> and raise your hand

3:52:25testimony about the gates. It's the

3:52:26truth, the whole truth, and it nothing

3:52:28but the truth. So, I hope you got

3:52:29>> Yes.

3:52:35>> I've sent a couple emails to city clerk,

3:52:38also to Jennifer Stewart, who I think

3:52:40was supposed to share some of my

3:52:42thoughts with.

3:52:44Uh, so I don't know if those made it to

3:52:46you. I'm happy to resend it to an

3:52:47address maybe is accurate.

3:52:50>> Why don't we resend it at the end?

3:52:51>> Okay. I sent one today. So,

3:52:53>> we don't the whatever. We have gotten a

3:52:56number of things over the over the last

3:52:58one month. So,

3:52:59>> yeah. So, I can get that. Um I will just

3:53:02say today our view that um our dog um

3:53:05has worked with Lewis. He was becoming

3:53:07very reactive, very barky. Um Lewis was

3:53:10one of the most attentive, patient,

3:53:12wonderful dog trainers I've ever worked

3:53:14with. I kind of considered myself pretty

3:53:16dog savvy before working with him and

3:53:18I've learned a whole lot of new things.

3:53:21Also goes to day school. Um he's

3:53:23learning a lot of impulse control. Um

3:53:26they are so lovely to him. He is just

3:53:29happy to go there. Um I also live very

3:53:31not very far away right on the corner of

3:53:34um sales in Pucket which I can

3:53:36empathize. It's an incredibly loud

3:53:38intersection with fire trucks going

3:53:40through so I can empathize with the city

3:53:42noise. Um but over in that section of

3:53:44the neighborhood which is not very far

3:53:46from we live. I've never heard the dogs

3:53:48barking outside. I honestly don't even

3:53:51usually hear them when I go in to get

3:53:52tapped. There's a buzzer that I press

3:53:55that echoes throughout the whole

3:53:57building. I've never heard more than

3:53:59maybe one dog bark during that instance.

3:54:02Um and then I do just want to reiterate

3:54:04something that Lewis brought up. Uh I

3:54:07volunteered with shelters. Tack is

3:54:09actually a foster fail. We fostered a

3:54:11lot of dogs before we took him in

3:54:14permanently. And I've seen the number of

3:54:16dogs that get brought back because

3:54:19owners just can't handle them and they

3:54:20just don't know what to do. Um, we live

3:54:22in an area of the neighborhood that has

3:54:24a lot of dogs. Um, and Lewis is just

3:54:27such a valuable resource research

3:54:31resource for all of us because

3:54:33everything works with people's budget

3:54:36meets you where you are. Um, I

3:54:38understand it's hard to live in a city

3:54:40like this with neighbors that maybe

3:54:42don't align with your day-to-day

3:54:44activities,

3:54:45but that's where we are. That's where I

3:54:47live. I have fire trucks who live in me

3:54:49constantly. Just the nature of the

3:54:51neighborhood that we live in. So

3:54:52hopefully we can find space for everyone

3:54:54to just live together, work together in

3:54:57the park. Okay.

3:54:59>> Thank you.

3:54:59>> Thank you

3:55:02for

3:55:04anybody else.

3:55:08address. Uh,

3:55:10>> yes. My name is Ken Cruz. My address is

3:55:12163 Medway Street, Providence, Rhode

3:55:14Island.

3:55:14>> Can you spell your last name for them?

3:55:16>> C R U I S.

3:55:19>> The address

3:55:20>> 163 Medway Street, Providence, Rhode

3:55:24Island.

3:55:34>> I'm about to give truth. The whole

3:55:35truth. That might produce help.

3:55:37>> Yes.

3:55:39Uh first, thank you for all of your

3:55:41time. I won't take up much more of it.

3:55:43I'm not going to say anything that

3:55:45hasn't been said, but maybe add some

3:55:48color to it from my own experience. We

3:55:50arrived at Harmony in early 2025.

3:55:53Um having lost the hope of knowing that

3:55:56we had all the answers, we didn't know

3:55:59exactly how to handle our dog in that

3:56:01moment. She had shown aggression with

3:56:03one of my family members, family members

3:56:05that couldn't themselves. Uh I think a

3:56:08lot of us had that experience before we

3:56:10got to Harmony and they've been

3:56:12incredibly valuable part of our

3:56:14community, part of the community that

3:56:16makes Rhode Island home for us. Uh it,

3:56:20you know, it is such an important part

3:56:23of our daily life being able to interact

3:56:25with our dog and interact with the

3:56:27trainers at Harmony. easy to see how

3:56:29much they care about not only our dogs

3:56:32but us as people. Um Lewis and staff

3:56:36volunteer their own time on on weekends

3:56:39to help us train our dogs better on uh

3:56:43they you know are are meticulous way

3:56:46that they take care of facility. I see

3:56:49them cleaning it all the time. Um,

3:56:51sorry. Okay. Um,

3:56:54you know, I every every night when I

3:56:56when I come in to pick up our dog,

3:56:59they're, you know, running the vacuum.

3:57:01They're they're cleaning the facility.

3:57:04Um, I I've firsthand seen Louis putting

3:57:07up walls by himself to try to improve

3:57:11the facility and and install some of

3:57:13those noise remediation measures. So,

3:57:16uh, I I know the the blood, sweat, and

3:57:18tears that say that he's trying to

3:57:21accommodate a lot of the claims that he

3:57:25u and he does so with with his own time,

3:57:28his own effort. Um, and with the help of

3:57:32the folks that work at Harmony so much,

3:57:35uh, one of you said that he is a small

3:57:38business owner and it's not his fault

3:57:41necessarily.

3:57:43he's trying his best to find a good

3:57:47place to be a client and I think we have

3:57:50all had that experience with them. Um so

3:57:53when when do vote just please keep in

3:57:56mind the compassion that they all show

3:57:59to their community because we are part

3:58:01of that um feel it every day and I

3:58:04really appreciate your time. Thank you.

3:58:09>> I don't understand we have not like

3:58:12comment. Yes.

3:58:14>> Uh,

3:58:17okay.

3:58:24>> Hi. Can you hear me?

3:58:26>> Yeah. You just give us your name and

3:58:29address.

3:58:31>> Yeah. My first name is Desiree. It's D E

3:58:33S I R E E. My last name is Rousen. R O U

3:58:38S S I N. and I live at 10 Prrowy P R O U

3:58:43T Y Street in Brookfield, Massachusetts.

3:58:47>> Okay, thank you. Can you uh keep the

3:58:49brief again, please?

3:58:51>> Yep.

3:58:54>> Okay, go ahead.

3:58:57>> Oh, can you hear me?

3:58:59>> Yes, I can. Go ahead.

3:59:01>> Okay, perfect. Um, I just wanted to keep

3:59:03it very brief, but I wanted to say that

3:59:05Lewis and Harmony dog training um has

3:59:07saved a significant amount of animals

3:59:09that I work with. I'm currently a animal

3:59:12control officer for the town of Webster,

3:59:14Massachusetts.

3:59:16Um, I run my own animal shelter. I also

3:59:19am president and a founder of my own

3:59:22animal rescue called The Other Dogs, for

3:59:25behavior dogs that nobody else is

3:59:27willing to save. Um, a year and a half

3:59:30ago is when I first met Lewis. I had a

3:59:32dog through my Webster animal control

3:59:35facility that was on

3:59:37um, basically death row. So, my only

3:59:40option was to get training for this dog

3:59:42or to euthanize this dog. And

3:59:44thankfully, Lewis came forward willing

3:59:46to help this dog. Um, his name was

3:59:48Charlie. He was an origin elkhound that

3:59:51attacked his owner. Um, and his owner

3:59:53was elderly. He went to Lewis for a six

3:59:56week board and train. The dog was abused

4:00:00with a leash. Had a massive fear of that

4:00:02leash and Lewis was able to get him to

4:00:05the point where he was able to safely

4:00:07leash him up and he is now living his

4:00:09best life in Canada. Um, he's helped me

4:00:13with meet and greets for other dogs,

4:00:15helping place those dogs into homes with

4:00:18other dogs as well. And I did want to

4:00:20mention that he does currently have one

4:00:22of my dogs named Panini who came from a

4:00:26save same day adoption event and

4:00:29inappropriately placed into a family

4:00:31with children that he should not have

4:00:33been placed with. So he has gone above

4:00:36and beyond for these dogs. Has truly

4:00:39saved the lives for these dogs. And I

4:00:42just wanted to make sure everybody

4:00:43understands how important Lewis and

4:00:46Harmony Dog Training's role is in the

4:00:48community.

4:00:50>> Thank you.

4:00:51>> Thank you.

4:00:54>> Okay. Um let's take it five interviews.

4:15:43Yes.

4:15:45>> Okay. We'll we'll come back to order.

4:15:48Um, I think the last order of business

4:15:51at the moment anyway in the hearing is

4:15:55to hear from

4:15:58the license attorney. So, go ahead.

4:16:02You'd like to come up?

4:16:04>> Uh, Mr. Chair and members of the board,

4:16:06thank you for the opportunity to uh

4:16:08present our case tonight and and rebut

4:16:10some of the assertions, but really I

4:16:12don't think this is about facts. The

4:16:13facts are what they are. Um I think

4:16:15there's a fundamental

4:16:18um misunderstanding and mislication of

4:16:20procedure regarding the interrelated

4:16:24roles of zoning official and this board

4:16:27sitting as the board of lic license

4:16:29commissioners. Um and with all due

4:16:31respect to the city solicitor's opinion,

4:16:34licensing cannot simply copy and paste

4:16:37zoning requirements. Zoning requirements

4:16:40are uh ordinances that regulate the use

4:16:42of land. they need to live in the zoning

4:16:45ordinance and be properly adopted under

4:16:47the procedure set forth in state law. Um

4:16:50licensing as you know is about the

4:16:53fitness of a particular applicant to

4:16:56hold a license whereas zoning is more is

4:17:00about the compatibility of a particular

4:17:02use not a particular applicant the the

4:17:04use and the approvals grun with the

4:17:06land. What we have here is a situation

4:17:09where um and I I don't know when it was

4:17:12but at some point the city council

4:17:15decided that this use was appropriate

4:17:18was what should be permitted as of right

4:17:20that's giving a complete green light to

4:17:23this use in the industrial mo zone um

4:17:28and then th this board appropriately

4:17:32approved a license the l the

4:17:35requirements and the the purported

4:17:38buffer zone um in the licensing

4:17:41ordinance for uh kennels cannot be

4:17:44applied to this use because that's

4:17:45effectively crossing out the yes in your

4:17:48use table and replacing it with prohibit

4:17:51because certainly this property can't uh

4:17:54comply with that requirement and so when

4:17:56in March 2024 this board granted the

4:17:59kennel license to uh harmony dog

4:18:01training um you granted him the the

4:18:05owner and the entity

4:18:07of property interest that's protected by

4:18:09law. He has a ve vested interest in his

4:18:12zoning. He also has a protected property

4:18:14interest and the city and this board can

4:18:17impose reasonable conditions on the on

4:18:19the license as warranted. But I'll

4:18:21remind you in March 2024, the board

4:18:23approved the license with no conditions

4:18:26whatsoever. And based on the documented

4:18:28history of certainly two and a half

4:18:31years of some neighbor complaints, quite

4:18:33frankly may be justified. Um there have

4:18:36been absolutely no findings of

4:18:38violations uh of noise ordinances,

4:18:41animal care ordinances, any applicable

4:18:43law, ordinance or regulation whatsoever.

4:18:46So uh I think what we've seen in the

4:18:48hearing tonight is neighbors are upset

4:18:50that the city uh has allowed a panel to

4:18:54open up right adjacent to a residential

4:18:57zone. But if the city moves to revoke,

4:19:01suspend, or impose unreasonable

4:19:03conditions on the license, we're going

4:19:05to be forced to reluctantly to seek

4:19:08legal recourse. And that's not what we

4:19:10want to do. Um, Harmony Dog Training

4:19:12wants to be a good community partner,

4:19:14wants them wants to continue and

4:19:17increase the significant investment it's

4:19:19made in the community and to the

4:19:21property. Um, as you heard, Mr. Rosado

4:19:23has a five-year lease on the property.

4:19:25We believe that there are um continued

4:19:29measures the business can make to be a

4:19:31better neighbor above and beyond what

4:19:33they're already doing uh above and

4:19:35beyond the minimum uh requirements of

4:19:37the law. We respectfully ask that this

4:19:41board approve its license for renewal as

4:19:44all condition as all requirements have

4:19:46been met and uh take no action with

4:19:50regard to the license. Simply put, and

4:19:52as stated in the letter, the facts do

4:19:55not justify any finding of violation or

4:19:59any imposition of conditions. That being

4:20:01said, we're uh ready and willing to meet

4:20:04with city officials, neighbors um a at

4:20:07any time to discuss additional measures

4:20:10that can be made uh to the property and

4:20:13to the operation as articulated by Mr.

4:20:16Rosado tonight. Thank you for your time.

4:20:19>> Thank you.

4:20:22Um

4:20:28we will close

4:20:30here.

4:20:32Um

4:20:40there

4:20:44a while and I'm patient and helpful.

4:20:48Thank you for your closing and I

4:20:50appreciate all the people who came up

4:20:52and talked about um

4:20:56don't do certain things but uh and I

4:21:00appreciate it. However, this isn't about

4:21:02u

4:21:03the proper dog trainer

4:21:06is kennel

4:21:08which operates in the proper way

4:21:10although you know

4:21:13testimony about the use and elements of

4:21:15it. However, this is really about

4:21:19um

4:21:20zoning elements and our panel

4:21:22appointments. Then we as

4:21:25the board

4:21:29have a duty application to ensure that

4:21:31the zoning channel ordinance zoning be

4:21:40otherwise you'll be okay

4:21:44if you allow some exception not

4:21:47the pen license

4:21:52the um first off the next person

4:21:58right on top of somebody else's property

4:22:00well they're allowed here long as I'm in

4:22:02the proper mo zone I can do that

4:22:06is allowed then

4:22:09I'm not looking to prevent anybody from

4:22:11starting a business without certainly um

4:22:14in the proper zoning in the mo zone you

4:22:16could find

4:22:20I just don't see how

4:22:24he could and he's like this is rude on

4:22:27an annual fees. So yeah although I don't

4:22:30agree with this board making a mistake

4:22:34regarding proposing it he relied on

4:22:38rightfully so I think on the director of

4:22:40zone cond

4:22:44Mr.'s

4:22:46uh

4:22:48general was in full compliance with z

4:22:51clearly was not Mr. has never been full

4:22:54compliance. They're going to say from

4:22:56day one never been compliance because of

4:22:58the fact that we haven't even talked

4:23:00about these other measures driving in

4:23:02proper backyard or anything else but 200

4:23:05ft from a residential property but it

4:23:07said 200 ft. Apparently he had an

4:23:10obligation when he uh filed his

4:23:12application.

4:23:14They executed an application that said

4:23:15that he left the license and the

4:23:18applications

4:23:21encourages any to make sure that the

4:23:23league is in familiar before you make an

4:23:26investment.

4:23:28Um although

4:23:30I'm not blaming anyone but the fact that

4:23:32fact is a kennel license cannot operate

4:23:36in the city even in the ammo zone within

4:23:39200 people residential property that

4:23:41simple general license specifically

4:23:45incorporates it under section 11656

4:23:48general act and this is the application

4:23:50require all of these things file to us

4:23:54looking at general

4:23:58Um I just don't see how we could do

4:24:01otherwise. I think uh these folks have a

4:24:04right to a quality of life. Uh doesn't

4:24:07matter where they live. And

4:24:08unfortunately a lot of these things that

4:24:10happen seem to happen in areas where

4:24:13people u

4:24:15I looked at under different scopes

4:24:18quality right doesn't matter

4:24:21doesn't matter and that should not be

4:24:23the case across the board from every

4:24:26city every neighbor in the city this

4:24:28could be capital everybody now so I'm

4:24:33have a right to quality of life invest

4:24:35in their property if you think they're

4:24:37home you you know, it's of a certain

4:24:39size or grander or value to you that

4:24:42does not matter. Point is, whether you

4:24:44live in a million dollar home or $10,000

4:24:47home, the kennel license ordinance and

4:24:50as very specific to the fact that you

4:24:52cannot 200 ft of a residential, plain

4:24:56and simple. It makes no concession.

4:24:58That's oh, let's let's negotiate uh

4:25:02noise measures and other things. But

4:25:04clearly it was put in place because

4:25:06exactly the same issues that these

4:25:08people have been complaining about. is

4:25:10to avoid that.

4:25:12Now zoning on is supposed to be

4:25:16applied so that it's in

4:25:20it matches

4:25:22comprehensive plan that [clears throat]

4:25:24businesses in neighborhoods and

4:25:27residential can live fully citized

4:25:38from section 41060 specific requirement

4:25:41for

4:25:42All of that all that did as far as the

4:25:44designation is concerned is to say,

4:25:46"Well, yeah, you're in the proper

4:25:47emerald zone. You can open the bill."

4:25:49That's the only place you do it. You

4:25:51just, but you're not exempted from the

4:25:52specific requirements for our license

4:25:55and our own

4:25:58which is incorporated.

4:26:00This isn't about anything. It's not

4:26:02about Mr. Lazada's ability.

4:26:05I'm not placing blame on anyone. Whether

4:26:07it was the compliance certificate of

4:26:09zoning was issued error or whatever the

4:26:12issue might have been doesn't matter

4:26:14here. Point is we cannot continue to let

4:26:16someone operate in contravention of a

4:26:20very specific kennel license

4:26:21requirements and assuming uh ordinance

4:26:24specifically and corporated that

4:26:27running.

4:26:29It's really that simple. That's what

4:26:30that's what it not about being

4:26:32insensitive. It's not about anything

4:26:34else. Appreciate you people coming here

4:26:36and raising Mr.

4:26:41Still not that's not this is about very

4:26:44clear and simple to me and I think we

4:26:48have an obligation to these residents.

4:26:51There are our constitutes. They are res

4:26:54That's who we represent here at the

4:26:56body. But elected body will represent

4:26:58the residents.

4:27:03Five of we are concerned about being

4:27:05sued. We're looking at potential five

4:27:07more suits in two and a half years of

4:27:09misery. These folks have been

4:27:12first one.

4:27:15That's comes down. It shouldn't be about

4:27:18finances about anything else. This is

4:27:21the obligation that we have. Either way,

4:27:23you're going to get a lawsuit.

4:27:25Five. Well, no, it's going to be

4:27:27multiplied by five is going to be one.

4:27:30The letter of the zoning kennel license

4:27:34is very clear and specific. Zoning

4:27:37regarding the

4:27:40kennel license operating

4:27:42is very specific.

4:27:46>> Anybody else?

4:27:53I guess my question council Gregor is

4:27:55the five lawsuits of what you went to

4:27:57against what lawsuits

4:27:59>> the residents could potentially sue us

4:28:01if that's

4:28:02>> right but but what you were you coming

4:28:04to a point after what you just said like

4:28:06you make a motion to do something

4:28:08>> yeah I wouldn't be making a motion but I

4:28:10wasn't

4:28:12>> all right so if you make a motion to

4:28:13deny it's not up

4:28:16>> no I'm just saying if that's the No I'm

4:28:17just saying that's eventually going to

4:28:19be done. Unless we can wait till after I

4:28:21how you want to do because I have I have

4:28:23a question for the attorney that's

4:28:24representing them if that happen. Uh

4:28:32I ask that now. My question will be is

4:28:34there going to be an appeal assuming

4:28:35that

4:28:39and then can we get can we get an

4:28:40estimation on success or assume you can

4:28:42ask that question? Well, whether we win

4:28:44that case or not. So um

4:28:50my preference

4:28:52my preference

4:28:54hold on too long but my preference would

4:28:58be

4:29:00that the

4:29:04have

4:29:07license holders turn into listener

4:29:11regger

4:29:14I'd be happy to sit to have one more

4:29:16conversation. But uh to to say it's not

4:29:20about blaming, you blamed everybody but

4:29:23this board 10 times over. It's it's not

4:29:27about the issue.

4:29:30He was dealing with a zoning issue. 200

4:29:33foot is in a licensing ordinance. If

4:29:36there's anybody who made a misstep, it

4:29:39is this body and the person who first

4:29:43approved or might have made the motion

4:29:45for approval.

4:29:47That is where the blame if there is

4:29:50always

4:29:52but we don't always have to defect

4:29:53deflect it either.

4:29:56This is the problem of this board's me.

4:30:02as it's very clear, but it slipped past

4:30:05us.

4:30:08I don't know what the proper resolution.

4:30:10It might be five. It might be one. It

4:30:13might be some sort of meeting in the

4:30:15middle. That's why I'm I would suggest

4:30:19uh you know, we don't have to have a

4:30:21resolution.

4:30:23Um

4:30:25and maybe it wouldn't

4:30:27uh pay

4:30:30right back to where we are now with the

4:30:31threat of law but once law of maybe we

4:30:35can meet in the middle and mitigate all

4:30:38this threat. Um I don't know that we can

4:30:43but this is

4:30:46square head ground hope and we were the

4:30:49ones who set it up.

4:30:53There is,

4:30:55you know, and it it's got nothing to do

4:30:57with what community, right? This this

4:31:00happens to be have zonance in wood. It

4:31:03could easily have been in my district

4:31:05outside of the industrial, right? So,

4:31:08it's it's it's not about

4:31:11um yes, everybody is afforded the same

4:31:14protections. Yeah. Going is about use.

4:31:18Not every building going use property

4:31:22is licensed. There's a difference.

4:31:26It was something else that didn't

4:31:28require a license that wasn't the proper

4:31:31health.

4:31:34Somehow some way

4:31:37it was

4:31:40overlooked

4:31:42again

4:31:45but you got to fix

4:31:49mistakes by saying you should have known

4:31:52they're sitting here saying we

4:31:55try to to try to the guy on a bus he

4:32:00suddenly be and he bought all total I

4:32:04don't I don't buy them. Um

4:32:08so

4:32:10if if anybody agrees, I would entertain

4:32:12a motion

4:32:14in this matter. Uh we had to hear it in

4:32:19this matter. Doesn't preclude you from

4:32:21making a motion counselor, but I won't

4:32:24be yes. at least not

4:32:31so

4:32:34that very quickly.

4:32:36>> I just think it's good.

4:32:39>> I just I want to recognize that it's

4:32:41been difficult both for the community

4:32:44neighbors and also for the business. I

4:32:47understand his frustration. I understand

4:32:49the neighbors frustration. But I think

4:32:51that given all of this information, I

4:32:54think that I would feel comfortable

4:32:58with and I know this is frustrating.

4:33:01It's frustrating for me as well, but not

4:33:03tableling it, but waiting for one more

4:33:06sit down of some sort to try to find a

4:33:09resolution.

4:33:11>> That's kind of what I'm saying. You

4:33:13know, it might come to the point where

4:33:14we have to bring

4:33:17it just for for

4:33:20>> stickers. There was a lot to unpack

4:33:22today and at least for me I would feel a

4:33:25little more comfortable just kind of

4:33:27unpacking that

4:33:29>> kind of what I was thinking before

4:33:32you

4:33:34>> Yeah. Um I echo both what council and

4:33:38you did Mr. president. Um, you know, I'm

4:33:41looking at these neighbors have had to

4:33:43deal with um odors in in barking, which

4:33:47they shouldn't have to. However, with

4:33:5180% of it being in an MO zone, they

4:33:53thought it was okay and we missed it

4:33:55here and we approved it. Now, the owner,

4:33:59you know, he's spent almost what about

4:34:00$100,000 so far. He's got a lease that's

4:34:04going to go on for the balance of his

4:34:06five years. And you know, he wants to

4:34:10invest in other items, but he can't. And

4:34:13[clears throat] if I was him, I wouldn't

4:34:15until I knew that this board would

4:34:17approve the license with whatever

4:34:19stipulations they are if if that comes

4:34:21to be or whatever is done. But I don't

4:34:24think we can make that decision tonight.

4:34:25There is too much here. I think it

4:34:28isn't. Don't even just hold it for one

4:34:30meeting. You know, just if you have to

4:34:32have a series of a couple of meetings

4:34:33between all parties involved to get

4:34:35resolved, negotiate, collaborate, work

4:34:37together. All right? And and then come

4:34:40to a resolution. I mean, heck, it's

4:34:42already been five months, you know, that

4:34:44we've been putting this off and off and

4:34:45off and off. What's another month?

4:34:48>> We did the same thing last time.

4:34:52>> Postpone. Let's get it done.

4:34:55another comment, but maybe people if you

4:34:57want to go for it, go for

4:35:00ahead.

4:35:00>> I didn't see ahead.

4:35:02>> I was just going to echo the whole

4:35:04thing. I mean, it I I from my

4:35:06perspective also think that not again I

4:35:09don't think there's going to be fault to

4:35:11be anywhere, but I think um if anything

4:35:13fell through was probably here at the

4:35:15table. Um

4:35:17I and I don't think the business owner

4:35:19should be um punished for that, but I

4:35:23also understand the residents. Um, and I

4:35:25it doesn't sound like there's actually

4:35:27ever been a working group of them, all

4:35:29of them, and him and attorney or and our

4:35:32counselors or the council president, a

4:35:34working group that can come together

4:35:36because I will say my interpretation of

4:35:38tonight's um testimonies is all the

4:35:41residents seem like reasonable people

4:35:44who have said, "Hey, if they are

4:35:46licensed, we just need something to

4:35:48change." Like none of them seem to want

4:35:50to hurt Mr. Rosado and his business.

4:35:52they just want to have a much more quiet

4:35:55life. And it seems like he's also

4:35:57understanding of that. And I think

4:35:59what's missing here is the the meaning

4:36:02of those minds and to see if there is a

4:36:04resolution before it gets so far to to

4:36:07the the lawsuit talk that has just come

4:36:11up. Um

4:36:14and so I would be willing to have a

4:36:16motion as well to allow them and allow

4:36:19the parties to come together and say hey

4:36:20we've come to this is sort of an

4:36:22interest at this point now

4:36:24what can we do here is there something

4:36:26we can do before we make any sort of

4:36:28decision at the board

4:36:31I know it's my idea but I will concur

4:36:34with that

4:36:37this is an issue the ocean but we're

4:36:41unfortunately

4:36:42That's where we are, right? And maybe

4:36:44maybe the negotiations don't don't be a

4:36:47fruit. In a perfect world, it wouldn't

4:36:49have happened, right? We would have had

4:36:51a a clearer or better written ordinance.

4:36:55Um, it will never happen again because

4:36:57the clerk's office is never going to

4:36:58forget this. None of us are going to

4:37:00forget it. Talk to your successor.

4:37:02You're going to tell them, "Don't ever

4:37:03forget this."

4:37:05>> But what I I had mentioned to council

4:37:08Gregor earlier too is like I think this

4:37:10is also opportunity to echo you, Council

4:37:12President, that we step back and go as a

4:37:15licensing as a licensing board, are we

4:37:17doing the most due diligence? Is there

4:37:19clearer language that needs to be in

4:37:21there? We need to take this as a

4:37:23learning lesson and say, "What steps do

4:37:25we take forward as a board to make sure

4:37:28things like this do not slip through?"

4:37:30And and this is that moment that we,

4:37:32like you said, I will tell my person

4:37:35taking over, this is the moment to

4:37:37remember.

4:37:40you have your hand up.

4:37:42>> Well, I I was I'm just gonna say

4:37:45everything was said already said. I was

4:37:47just going to say I echo exactly what um

4:37:51councelor Taka says. Um and also I want

4:37:54to say that I don't feel ready to vote

4:37:57on this until um councelor Gregor have I

4:38:01I believe that you councelor Greor

4:38:04should have another meeting with Mr.

4:38:06Rosado and come up with um a plan for

4:38:09this because um I know uh that like

4:38:14every every of us you are very concerned

4:38:17about your constituents and that is very

4:38:20important the tranquility of your

4:38:23constituents and I believe that before

4:38:25we uh come up with um a whole we I think

4:38:29you should have a meeting with them

4:38:31before we um before we come up with a

4:38:34vote for

4:38:38Dr. I can go. Can you rect?

4:38:42>> Thank you. Thank you. Um I'm open to it,

4:38:46but I really think we should put like a

4:38:48time frame on it, something tight. I

4:38:50mean, because it's been long enough. And

4:38:51again, that's not a [clears throat]

4:38:52slight to you. I'm the council Gregor. I

4:38:54just think I don't I'm open to having a

4:38:56discussion and see if we can something

4:38:58can be compromised on it but I think it

4:39:00gets to a point where you know you don't

4:39:01want to go too far on that whether it's

4:39:0330 days at the most or whatever it may

4:39:04be don't let it go two three four five

4:39:06months

4:39:07>> right and I'm just saying and then we'll

4:39:09if we can't if it can't be resolved

4:39:12right then we come back to where we are

4:39:14and I'll certainly respect that motion

4:39:16denied at that point at that point in

4:39:18time so

4:39:19>> yeah and I I let the tips fall where

4:39:22they may at that point they're may not

4:39:24be a

4:39:26>> I know

4:39:28>> lifeholder

4:39:30would be reluctant

4:39:32to spend considerable dollars if it

4:39:35wasn't going to the end of the trail

4:39:38right it wasn't going to work and it

4:39:41wasn't going to go back in the other

4:39:43hand peace meal doesn't necessarily work

4:39:46for the the the tranquility you said of

4:39:49of the of the n so I'm just I I think

4:39:52we're all a little bit

4:39:55overwhelmed at the moment about this

4:39:58particular issue. We want to do what's

4:40:00best for the neighbors

4:40:05best for the life and also what's best

4:40:08for the pitch.

4:40:10If indeed this is a misstep and we

4:40:13created a problem, we owe it to the rest

4:40:16of the resident to resolve it. And then

4:40:19we also oppose the rest of the residents

4:40:22to remember or and fix it. you know,

4:40:25maybe an ordinance comm

4:40:28ordinance that that dove tail with

4:40:30those, but um

4:40:34I would be more comfortable one last

4:40:39and

4:40:43council Moran, but I'd be happy to sit

4:40:45in just

4:40:53I

4:40:55heard what we had to say.

4:40:57>> I want to make a motion. I'm not I'm not

4:40:59stop motion, but I I would say right now

4:41:02I'm not ready to take that

4:41:05on

4:41:07and I'm not opposed to

4:41:17however

4:41:19medical attorney to Frank yourself and

4:41:23to review this

4:41:26volunteer. However, I don't think Mr.

4:41:30in violation 1659

4:41:32says uh by sublating sublision

4:41:40pack

4:41:42especially the

4:41:44adding more dogs and

4:41:48I have a problem with that I don't know

4:41:50the legality of that we can have that

4:41:52conversation too if we're going to have

4:41:56I don't know that letting

4:42:00license or I just don't know the answer

4:42:05to anything

4:42:08that I have.

4:42:09>> Well, it's right there. You can't trans

4:42:12I don't know that that equates to

4:42:14transferring transfer subleting some

4:42:17part of it. uh you know I thought that's

4:42:21more of a

4:42:22>> a landlord

4:42:22>> a leasing landlord issue than it is than

4:42:25it is a license

4:42:27issue

4:42:29not did not reassign that license so

4:42:35um

4:42:38I guess

4:42:40your

4:42:42your constituents

4:42:44all down.

4:42:48It went on to take

4:42:50two weeks, four weeks rather.

4:42:58Would it

4:43:02be your concerns?

4:43:06the question did a great job question

4:43:11that until that meeting about that

4:43:16there is no outside

4:43:19exercise and and toileting

4:43:23go for walks

4:43:28I I don't know that that's what you'd be

4:43:30agreeable to do but I'm trying here

4:43:33right I'm trying to come up with

4:43:34something between now and and then that

4:43:39could help mitigate

4:43:42the the biome.

4:43:47I can throw it out here

4:44:00some fairly quickly last

4:44:05I don't think that we would then support

4:44:08it. I don't know that I'm necessarily

4:44:10important. I might I don't want to

4:44:13that

4:44:15at the moment. Um but I do think at some

4:44:18point we may just have to rip off again.

4:44:25>> One last thing. Um I understand where

4:44:27you're coming from, council president,

4:44:29but to me I think if we postpone it for

4:44:33say that one month, that gives you ample

4:44:35opportunity to do one or two meetings.

4:44:37Leave it as is because we've already

4:44:38postponed it since May. under five I'm

4:44:40in April so it's been five months. Um I

4:44:44think a simple postponing for one more

4:44:46month status quo and then get to the

4:44:51meeting or meetings within that one

4:44:52month and postpone it to for the first

4:44:55meeting in October and that's where we

4:44:58make a decision one way or another. I

4:45:00think that's to me the best smoothest

4:45:04way to go. I

4:45:06>> I agree with that.

4:45:13I'll make the motion.

4:45:15Are you okay with that council me to do

4:45:18that? All right. So,

4:45:22>> yes. Okay.

4:45:26>> We both hear

4:45:29>> and the motion would be

4:45:31>> uh so item number 15 I'll take it up.

4:45:33Right. Yeah.

4:45:36>> 15.

4:45:36>> That's uh Renewal of the license.

4:45:39>> Renewal of the license. So I can make

4:45:40the motion on number 15. Correct. Right.

4:45:44So item number 15, the following

4:45:47petition for renewal was postponed at

4:45:49the meeting held on April 8th, May 6th,

4:45:51June 10th, July 8th, and August 5th,

4:45:542026 is again taken up. Can renewal

4:45:56Harmony Dog Training LLC 65 Patterson

4:45:59Avenue license number 3L-25-2.

4:46:02My motion is to postpone this until the

4:46:05first week in October, first meeting in

4:46:08October to give ample time for whatever

4:46:12one, two, whatever meetings are needed

4:46:14uh to see if we can come to uh an

4:46:16agreement uh before that meeting.

4:46:27The motion made by

4:46:30postpone item 15.25

4:46:44first meeting of October

4:46:47and

4:46:49time expected that the newer

4:46:55office

4:46:56and anybody else would like to join him

4:47:01for uh

4:47:08>> requirement.

4:47:10>> Are we going to involve neighbors and

4:47:12the business owner? I just want to make

4:47:13sure that that

4:47:16>> okay

4:47:17>> not just

4:47:18somebody I feel I would take the first

4:47:25representative

4:47:27and then maybe a second here's what

4:47:30we're if they

4:47:33buy

4:47:38and we will we will deal with agenda.

4:47:43Does that work for everyone? And if I

4:47:45may add, I think that four weeks

4:47:46provides ample time. Like I would try to

4:47:49get those meetings started right away.

4:47:51So if you see you're making progress,

4:47:53you got windows to do maybe, you know, a

4:47:55second a third meeting within that time

4:47:57frame, you know, not just hold it. So

4:47:59I'll make it towards the end of the uh,

4:48:01you know, towards the end of September.

4:48:03If you have the availability, if

4:48:04everybody has availability, I would hop

4:48:06on right away. So it gives you some time

4:48:07to have subsequent meetings if needed.

4:48:10Just my two

4:48:16And thank you. Just for clarity, I hear

4:48:18that motion being made on item number

4:48:2015, the renewal petition. Um, has a

4:48:23motion been made with respect to the

4:48:25formal hearing number 14.

4:48:28>> No, it has

4:48:30not requirement

4:48:32a motion at the end of the hearing.

4:48:34>> Understood. Tell the hearing I have

4:48:37closed it. If need be, we get either

4:48:39notice or open. There's no action yet

4:48:44taken bye.

4:48:45>> Thank you. May I ask

4:48:47>> your question?

4:48:47>> Thank you. May I ask the clerk when that

4:48:49first meeting in October is scheduled?

4:48:52>> Uh yeah, first

4:48:55Monday after the first Saturday.

4:48:56>> Saturday.

4:48:57>> Okay, that might be the 14th.

4:49:00>> No, seventh.

4:49:02>> Thank you very much.

4:49:04>> Thank you. So we actually have not moved

4:49:06on. So that's the as articulated uh is

4:49:10there any further discussion on the

4:49:11motion?

4:49:14>> In favor?

4:49:16Thank you.

4:49:17>> Right. No further business coming before

4:49:19the board of license commissioners. I

4:49:21motion that we adjourn and reconven.

4:49:29stand algiance

4:49:34to the flag of the United States of

4:49:36America to the republic for which it

4:49:39stands.

4:49:48>> What happened?

4:49:56>> Oh, I know. I was all of a sudden I

4:49:57forgot how to do it.

4:49:59>> What is it? I know I knew you were

4:50:00looking at him. What's the such thing?

4:50:03>> What I came Oh, God. Change.

4:50:15>> President Mercer.

4:50:16>> Yes.

4:50:20>> Council

4:50:22Kodair

4:50:22>> here.

4:50:23>> Greor,

4:50:25>> he's here. Council Moran,

4:50:28>> I'm so happy.

4:50:28>> Council Moreno,

4:50:29>> yes.

4:50:30>> Council Rubio, Council

4:50:33Wild

4:50:34>> here.

4:50:34>> Everybody's here.

4:50:35>> Okay. Mr. President, I call for approval

4:50:38of minutes from the city council from

4:50:41August 19th, 2026.

4:50:44>> Second move by

4:50:46second by name that approve be given to

4:50:48the minutes of the city from August

4:50:5119th, 2026. Any concerns, amendments, or

4:50:53recent additions? Hearing none. All in

4:50:56favor?

4:50:58>> Mr. President, I call for approval item

4:50:59number two, which is the consent agenda

4:51:01and correspondence. Second

4:51:05approval,

4:51:07correspondence. Are there any items?

4:51:11>> I'm sorry.

4:51:12>> G.

4:51:17>> Anybody else?

4:51:22>> Okay.

4:51:24That's from Chief. All in favor?

4:51:26>> I motion carries.

4:51:31>> Item F, communication from Chris Cwley,

4:51:33acting director of public works, and

4:51:34honorable members of the Park City

4:51:36Council. Response to stop stop signs on

4:51:39Rice Street. I just want to thank uh Mr.

4:51:41Cwley for all the work we've done.

4:51:43They've already got some lines paid over

4:51:45there. Some of the stop signs. I don't

4:51:46think they're done yet, but I just want

4:51:48a communication officially sent out to

4:51:50him just to ask when they're going to

4:51:52complete all the work. And then just to

4:51:53add in, I did mention to him on the

4:51:55phone about a week or so ago. I wanted

4:51:57to make sure that they're going to you

4:51:59have a U stop ahead sign coming in from

4:52:03Massachusetts from Cottage Street down

4:52:06towards Weld. So that was one of the

4:52:09recommendations was the [clears throat]

4:52:10other four-way stop or the three-ways at

4:52:13Bark and Archer. we're gonna have, you

4:52:15know, stops ahead. I didn't see that on

4:52:17that one. That one's just as important.

4:52:19But I did talk to him. We said it was

4:52:20gonna happen, but I want to get on the

4:52:21record. So that's the communication that

4:52:24we said because

4:52:27>> number one, when when is all going to

4:52:28be, you know, and then number two is

4:52:31that stop ahead sign coming in from

4:52:34cottage

4:52:36>> from the from uh

4:52:39>> well coming from cottage,

4:52:42>> right? You come down the hill right

4:52:44there right that's welding right there

4:52:47somewhere

4:52:48>> yeah in between regular date

4:52:53we sent a correspondence from DW

4:52:55director asking for a timeline on the uh

4:53:00student initiative on right

4:53:08stop ahead signage

4:53:12stretch.

4:53:15>> Yes. Thank you.

4:53:18>> All in favor?

4:53:23G is a contract between conducted school

4:53:25committee and the teachers alliance

4:53:27proposal for 9:30 uh for the period of

4:53:30September 1st, 2026 through August 31st,

4:53:342029. going to be referred to finance

4:53:37for our next meeting uh

4:53:40October, right?

4:53:42>> No, September 23rd.

4:53:43>> September September meeting. Um finance

4:53:47committee meeting on the 23rd.

4:53:49>> Correct. Finance committee meeting on

4:53:51the 23rd. I I would like to extend an

4:53:54invitation to the superintendent uh the

4:53:56CFO and um the chairman of the school

4:54:01committee or her designate whichever she

4:54:03chooses uh at this point uh to attend

4:54:07that meeting.

4:54:10>> Okay.

4:54:11So, thank you.

4:54:15>> Number three, the city property

4:54:17committee starts the column. A

4:54:18resolution providing site control of 142

4:54:21Southbend Street for the Pucket School

4:54:23Committee for the construction of a new

4:54:25unified high school in the city of

4:54:26Pucket. I move for approval on a roll

4:54:28call vote.

4:54:30>> Move by

4:54:32C Moreno that following the student

4:54:35property committee return for following

4:54:37with a recommendation for approval. Is

4:54:39that correct? A resolution providing

4:54:41site control on 142 South Bend Street.

4:54:45The second committee of construction on

4:54:48the unified high school

4:54:50motion is for approval of the resolution

4:54:53on a roll for vote. Is there any

4:54:55discussion?

4:55:02>> President Mercer.

4:55:03>> Yes.

4:55:03>> Council Roujo. Yes.

4:55:04>> Council Kodair. Yes.

4:55:05>> Council Gregor.

4:55:07I'm going to vote no in light of the

4:55:09fact that I

4:55:14council

4:55:14>> Moran

4:55:15>> yes.

4:55:16>> Council Moreno,

4:55:17>> yes.

4:55:17>> Council Rubio,

4:55:18>> yes.

4:55:18>> Kovak, yes.

4:55:19>> Council Wilder,

4:55:20>> yes.

4:55:21>> 821.

4:55:22>> Uh before we go for just on another

4:55:24note, um the

4:55:28school the high school uh they have a

4:55:30new official address for the high.

4:55:34So we've been on that. Uh but it is uh

4:55:40333

4:55:42division street and I guess the

4:55:45significance is that longest game

4:55:49history is 33 innings played over

4:55:53um odd and somewhere after 297.

4:55:57So they said about 3 330 that will be

4:56:01the corresponding

4:56:03address for generation.

4:56:11>> Item number four the committee includes

4:56:13pending suits returns the following

4:56:14claims for damages against the city for

4:56:17approval. Lisa Jones 300 for a pothole.

4:56:19I move to approve on a roll call vote.

4:56:22>> Second

4:56:24that one.

4:56:26>> Uh the move by by council

4:56:30second by council uh

4:56:33that uh pothole claims by Jones $300

4:56:39approval. Any discussion

4:56:43Mercer, Council Ar

4:56:46Gregor, Council Moran, Council Moreno,

4:56:49Council Rubio, Council Kovak, Council

4:56:51Weren,

4:56:52>> yes

4:56:53>> nine to zero. The following two will be

4:56:55to deny. So the other three will be to

4:56:58refer to those up first. To deny Juan

4:57:01Hernandez for the amount of $680 at 966

4:57:05cents for a potful and Bernard Donald

4:57:08Rosie Jr. for the amount of $140 for a

4:57:11tote. I move to deny honorable vote. Say

4:57:17that two claims he denied claim of Juan

4:57:21Hernandez

4:57:23$80

4:57:26and the claim of Bernard Donaldson Jr.

4:57:30$120

4:57:33discussion

4:57:37will be

4:57:38>> President Mercer. Yes. Council Roujo,

4:57:41Council Kodair, Council Gregor, Council

4:57:43Moran, Council Moreno, Council Rubio,

4:57:46Council Kovak, Council Weren,

4:57:48>> yes to zero.

4:57:49>> Nor is SATA for the amount of $1,350

4:57:53for your whole motion is to deny refer

4:57:55to the city of Central Falls

4:57:58by council. myself

4:58:01that she claims by North data of $1,350

4:58:06for a plot hole be denied and referred

4:58:09to the city of San Dress.

4:58:15>> President Mercer Council Arujo Codair

4:58:18Council Gregor Moran yes Moreno Rubio

4:58:23Kovak Wilder 9 to Z

4:58:26>> Megan Liselle for the amount of 3 $75

4:58:29for a vehicle vehicle damaged. Motion is

4:58:3229 and refer to Vagro

4:58:34call

4:58:36by council

4:58:38by

4:58:40that claim by Megan

4:58:43375.

4:58:51>> President Mercer council.

4:58:53>> Yes.

4:58:54>> Council

4:58:55council Gregor.

4:58:56>> Yes.

4:58:57>> Council Moran. Yes. Moreno, Rubio,

4:59:00Phobiac, Council Wine.

4:59:02>> Yes. 9 to Z.

4:59:04>> Parent for the amount of $94 for

4:59:07property damage. Motion is to deny refer

4:59:10to Geneva LLC.

4:59:11>> Second

4:59:14by

4:59:21$94

4:59:24and referred to LLC. Yes.

4:59:31President Mercer

4:59:33Council Rujo. Yes. Council Kodair.

4:59:35Council Gregor.

4:59:36>> Yes.

4:59:37>> Council Moran. Yes. Council Moreno. Yes.

4:59:39>> Council Rubio. Yes.

4:59:40>> Council Kovak. Council Wilder.

4:59:42>> Yes.

4:59:43>> Nine to zero.

4:59:45>> No further business from the board city

4:59:47council. I make a motion that we

4:59:48adjourn.

4:59:50>> Council my confir. All in favor?

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