CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, June 20,1995, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present Rolland R. Grant ) Mayor
Joseph S. Larisa, Jr. )
Gerald R. Lynch ) Council Members
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Denise Mailloux, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Joseph S. Larisa, Jr.
Salute to the Flag is led by Councilman Gerald R. Lynch.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
Requesting to replace roof shingles, replace windows, replace existing asphalt driveway; location, Map 415, Block 5, Parcel 2, 330 Seaview Avenue. (Stewart & Sharon Eddy)
Received as information.
Coastal resources Management Council - RESIDENTIAL DOCK ASSENT
By Grover J. Fugate, Executive Director
Requesting to maintain a private residential boating facility, located at Plat 513, Block 36 and Lot 32 & 32; 32 Beach Point Drive. (Martha Pezzullo)
Received as information.
(Permission to advertise)
Alcoholic Beverage License - Class B Full Privilege (Victualler) Transfer
From - Ping C. Chin
dba - Ping Chin Island
To - Lees Restaurant and Lounge, Inc.
dba - Lees Restaurant and Lounge
Location - 376 Bullocks Point Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Unanimously granted.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1993 $ 34.60
1994 494.29
1995 30,868.51
Approved.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - June 6, 1995
Approved.
PROCLAMATION
Councillor Sheila Terry Day - June 20, 1995
Recipient not present.
CITATION
Bernard Kavanagh
Recipient not present.
PUBLIC HEARINGS
SHOW CAUSE HEARING
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
Applicant - East Providence Properties, Inc.
dba - New England Health & Racquet Club
Location - 15 Catamore Blvd
Allegations have been made that the above establishment is in violation of the license stipulation set by the City Council in 1984, regarding the cessation of activity in the pool and deck area at 11:00 P.M.
A letter from Robert Anderson regarding noise at the New England Health & Racquet Club is read into the record by the City Clerk.
Attorney Milton Slepkow, representing the applicant, and Cheryl Sisto, 2304 Pinewood Drive, North Smithfield, Rhode Island, Manager of the New England Health & Raquet Club, are present and sworn.
Ms. Sisto testifies that the entire bar has been eliminated in the pool area and no service of alcoholic beverages is conducted outside. She says the door to the deck area is locked at 11:00 P.M. and the Club closes at 11:00 P.M.
Also, she has given her home phone number to some of the neighbors for them to call her if they have problems with noise. She says Mrs. Bairos only called her twice last year before 11:00 P.M.
Steve Taricani, 68 Jamboree Avenue, Warwick, Rhode Island and Diane Avanzo, 43 Sterling Street, employees at the Club, are present and sworn, and testify that there are never more than ten people outside on the deck at one time.
George Connors, 19 Skycrest Avenue, is present and sworn. Mr. Connors says that a stipulation on the license set by the Council in 1985 is not being adhered to. Mr. Lynch tells Mr. Connors that he and other neighbors should call Mr. Lemont if they are having problems with noise.
Leocarda Bairos, 74 Skycrest Avenue, is present and sworn. Mrs. Bairos testifies that the noise occurs late at night, well after 11:00 P.M. Mr. Larisa tells Mrs. Bairos that she should keep careful records of incidents and document the times when she calls the Club Manager.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Larisa, to add the stipulation to the Alcoholic Beverage License of the New England Health & Racquet Club that the pool/deck area be closed at 11:00 P.M.
Motion is passed unanimously on a roll-call vote with all Council members present and voting.
Motion is made by Mr. Sullivan, seconded by Mr. Larisa, and so voted to return to the docketed item of Proclamations.
Mayor Grant presents a Proclamation and Key to the City to Councillor Shelia Terry of Dublin County, Ireland.
Bernard Kavanagh is not present. Citation will be given at the July 18, 1995 meeting.
The meeting recesses at 9:15 P.M. and reconvenes at 9:25 P.M. with all Council members present.
Motion made by Mr. Sullivan, seconded by Mr. Larisa and so voted to return to the regular order of business.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
Transfer
Advertised East Providence Post, June 1 & 8, 1995
From - PJT'S Pub, Inc.
To - John Bar & Grille, Inc
dba - Johnny's Bar & Grille
Location - 855 Waterman Avenue - Building E
Approval from Chief of Police: Denied
Subject to approvals from: Building Inspector, Health Inspector
Victualling/over 50 - Transfer
From - PJT'S Pub, Inc.
To - John Bar & Grille, Inc
dba - Johnny's Bar & Grille
Location - 855 Waterman Avenue - Building E
Approval from Chief of Police: Denied
Subject to approvals from: Building Inspector, Health Inspector
McLaughlin & Moran, Inc. - Letter of objection
By Thomas M. Glavin, Credit Manager
Objection due to indebtedness.
The applicant is not present. It is mentioned that the Police Chief has denied approval for the license. Mr. Larisa states that the applicant should have the chance to be heard, and makes a motion to continue the matter to the next regular meeting to be held July 18, 1995. Mr. Lynch seconds the motion and it is unanimously voted.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
Transfer
Advertised East Providence Post - June 1 & 8, 1995
From - Cityside Restaurant, Inc.
dba - Club 133
To - E & E Restaurant, Inc.
dba - 133 Club
Location - 29 Warren Avenue
Approved: Chief of Police
Subject to: Building Inspector, Health Inspector
Earl F. Perry, 29D Swan Court, North Providence, Rhode Island, is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted on a roll-call vote to approve the above transfer of license subject to all approvals.
Victualling/over 50 - Transfer
From - Cityside Restaurant, Inc.
dba - 133 Club
To - E & E Restaurant, Inc
dba - 133 Club
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
On motion of Mr. Miranda, seconded by Mr. Sullivan and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the above license subject to all approvals.
Pool Table/Sundays Included - Transfer
From - Cityside Restaurant, Inc.
dba - 133 Club
To - E & E Restaurant, Inc.
dba - 133 Club
Location - 29 Warren Avenue
Approved: Chief of Police
Subject to Building Inspector
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the above license subject to all approvals.
Arcaro, Belilove & Kolodney - Letter of Objection
By Samuel J. Kolodney
Objection due to indebtedness
Letter of objection withdrawn.
Secondhand/Clothing - Transfer
From - Donna Benetti
dba - Resale Shop
To - Melissa T. Simpson
dba - Peoples Resale Shop
Location - 273 Bullocks Point Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Melissa T. Simpson, 144 Terrace Avenue, is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Lynch, and on a roll-call vote, it is unanimously voted to grant the above license subject to all approvals.
Secondhand Dealer/Miscellaneous
Applicant - TVI, Inc.
dba - Savers
Location - 1925 Pawtucket Avenue
Approved: Chief of Police; Subject to approval from Building Inspector
Peter Belsito, 105 Windsor Ridge Drive, Westborough, Massachusetts is present
On motion of Mr. Sillivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said license is granted subject to all approvals.
Sunday/Holiday Sale
Applicant - TVI, Inc.
dba - Savers
Location - 1925 Pawtucket Avenue
Approved: Chief of Police
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Sullivan.
Victualling/not over 25
Applicant - J.T. Donuts, Inc.
dba - Dunkin Donuts
Location - 399 North Broadway
Approved: Chief of Police; Subject to approvals from: Building Inspector, Health Inspector
Joe Martins, 95 Rice Avenue, Tony Arruda, Seekonk, Massachusetts and Lou DeAngelis, Randolph, Massachusetts are present and sworn.
Mr. Martins states that the drive-thru will be open from 6:00 A.M. to midnight. Mr. Lynch says if the midnight hour of the drive-up window presents a problem with the neighbors, he will have the applicants back before the Council.
Unanimously granted on motion of Mr. Lynch, seconded by Mr. Miranda.
Victualling/not over 25 - Transfer
From - Debra Sullivan
dba - Coaches Corner
To - Theresa Barry
dba - Terry's Corner
Location - 447 Willett Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Theresa Barry, 11 Clair Street, is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to approve the above transfer of license subject to all approvals.
Alcoholic Beverage - Class F-19 hours beginning at 6:00 A.M. on August 11, 12 & 13,1995
Applicant - St. Martha's Church
Location - 2595 Pawtucket Avenue
Subject to approval from: Chief of Police
Hermano E. Tavares, 57 Grassmere Avenue, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to approve the above license subject to Police Chief's approval.
Councilman Miranda receives Unanimous Consent to announce a Council Workshop will be held on June 29, 1995 at 7:00 P.M. regarding setting the fees for towing rates in the City. Mr. Sullivan urges all towers to attend the meeting.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Law Department
By William J. Conley, Jr., City Solicitor
Re: Wampanoag School Site, Map 811, Block 1, Parcel 3
Mr. Conley reports on the Wampanoag School site and recommends that the City authorize the execution of this agreement. Mr. Conley says one thing is clear- whether or not it was proper, the City is legally obligated to give that award by the previous Council. Responding to a question from Mr. Larisa, Mr. Conley says the property would have to be sold at the original bid price because it was through no fault of the bidder that the matter has taken this long to resolve. He says that the City is obligated to sell for the original price and that the builder must build what they
originally had intended to build. But before they can build, they must obtain an amendment to the City's Comprehensive Plan.
Mr. Conley says that if the property is reclaimed by eminent domain, it will have to be done at the current market value.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to authorize the Mayor and Finance Director to sign the Letter of Agreement. Motion passes unanimously on a roll-call vote with all Council members present and voting.
Law Department
By Gregory S. Dias, Assistant City Solicitor
Re: East Providence Community Center, Inc.
Conference/Dining Room Policy
Mr. Conley says the Community Center has drafted a policy they would follow on deciding on whether to sub-lease and allow the use of the building by others, and once the policy is approved, the Community Center will have the authority to sub-lease the building.
Mr. Lynch states that the Community Center is a tenant of the City and the City Council should not agree to any such policy. He says if the Community Center has any problems, they should go to the City Manager.
Mayor Grant says that Yvonne Cabral, Executive Director of the Community Center, could not be here tonight to speak on the matter. Mr. Larisa asks if the matter should be deferred until Yvonne Cabral can be present. Mayor Grant says that she told him that all her ideas were put forth in the memo that was given to the Council.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Sullivan, to deny the request. Motion passes unanimously.
The Claims Committee report is unanimously accepted on motion of Mr. Miranda, seconded by Mr. Sullivan. (See Council file for complete report)
(By Mayor Rolland R. Grant)
Part-time and Temporary Help - Qualifications
Mayor Grant says the City should hire East Providence residents for all part-time and temporary positions.
(By Councilman Joseph S. Larisa, Jr.)
Coastal Resources Management Commission
Allen E. Peck 6 Fairbanks Avenue 02914
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to appoint Allen E. Peck to the above Commission.
J. Robert Pesce
Requesting to address the City Council on a Resolution for a connector from 195 to 95 at the hurricane barrier.
Because Mr. Pesce could not be present for this meeting, motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer the matter to the next meeting. Motion passes unanimously.
Anthony Perry, 9 Pier Road
Requesting to address the City Council regarding the lease of City Property at the end of Mauran Avenue.
Mr. Perry is not present for the meeting. Motion to defer to the next meeting is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted.
The meeting adjournes at 10:25 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:___________________________