November 7, 1996 - Journal of the Special Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF SPECIAL COUNCIL MEETING

THURSDAY, NOVEMBER 7, 1996

 

Present:               Rolland R. Grant, Mayor

                            Joseph S. Larisa, Jr.

                            Gerald R. Lynch                         City Council

                            Norman J. Miranda

                            Robert D. Sullivan

 

                            Paul E. Lemont                          City Manager

                            William J. Conley, Jr.                 City Solicitor

                            Valerie A. Perry                         City Clerk

 

Carol Malaga of Woods Reporting is present to record the proceedings.

 

Mayor Grant opens the meeting at 7-.30 p.m.

 

Invocation is led by Councilman Miranda.

Salute to the Flag is led by Councilman Lynch.

 

SHOW CAUSE HEARING 

 

BROWNIE'S BAR & GRILLE

 

Mayor Grant asks all those who wish to speak to stand and be sworn in.  Mr. Conley swears in all speakers.

 

The following speak in objection to the license because of alleged noise, including loud music and the dumping of bottles after 1:00 a.m. and several disturbances involving the patrons of the establishment.

 

Richard Cabral, 22 Birch Street

Stan Balckolm, 35 Waterman Avenue

Matthew Amaral, 14 Birch Street

Paul Silva, 30 Birch Street

Sue Silva, 30 Birch Street

Dorothy Cunha, 22 Birch Street

 

Mr. Conley states that the provisions set forth by the Liquor Control give the Council the authority to revoke a license when the provisions have been violated.  A discussion is held on the time limit that was established for the Karoke when the license was first approved.  It is determined that the stipulation was set all amplified music to cease at midnight.

 

Mr. Larisa questions if amplified music is played after midnight.  Several of the speakers affirm that it happens every Friday and Saturday night.

 

David Brown, Attleboro, Massachusetts, owner of Brownie's Bar and Grille answers questions from his Attorney, Daniel J. Silva of Pawtucket, Rhode Island.

 

Mr. Brown testifies that he is not at the establishment every weekend and he has no personal knowledge of bottles being dumped at a late hour.  He goes on to describe the improvements he has made to the property since he took over the establishment and says he has planned to make further improvements, i.e., fencing, lighting, etc.  He says the stairs will be fenced off to keep people from using them to gain access to Birch Street.  He also says lights will be put in the front and back parking lots.

 

Mr. Brown also testifies that the D-J is only paid to play until midnight and that is when the music ceases.  He says the jukebox is played after midnight, and that it is amplified.

 

After further discussion, Mr. Brown says he will take care of the bottle dumping problem, and will give neighbors a phone number where he can be contacted.

 

The meeting recesses at 8:55 p.m. and reconvenes at 9:05 p.m.

 

David Jantus, 30 Sleepy Hollow Road, East Greenwich, Rhode Island, is present and sworn.

 

Mr. Jantus testifies that he is the Manager of the establishment and he has been outside of the building many times at night and has not been able to hear the music.

 

Lisa Garakup, Warren Rhode Island, a waitress/bartender at the establishment, states that she makes sure the Karoke stops at midnight.

 

Mr. Sullivan states that the police incident report relates to the Dance/Entertainment license and not the Alcoholic Beverage license.  He says the Council has no right under law to deny the alcoholic beverage license.  He urges the neighbors to come back when the Dance/Entertainment license is up for renewal.

 

Philip McHugh, Jr., 34 Cindy Drive- Seekonk, Massachusetts, states that he is the D-J that is employed at the establishment and testifies that he quits at midnight. He also states that the jukebox decibel level is not even half that of the Karoke.

 

Police Chief Gary Dias answers questions from Mr. Miranda and states that the last time an officer was assigned to the area was October 25.  Mayor Grant suggests that the Police Department monitor the parking for the next 30 days.

 

After further discussion, motion is made by Mr. Miranda, seconded by Mr. Larisa that David Brown meet with the neighbors in the next 30 days to resolve the problems, and that there will be another Show Cause Hearing scheduled in 30 days on the Dance/Entertainment license, with the Council either approving or revoking the license.

 

The motion is amended to include the Alcoholic Beverage license in the Show Cause Hearing.  Roll call vote follows:

 

Mr. Larisa             Aye

Mr. Lynch             Aye

Mr. Miranda          Aye

Mr. Sullivan          Aye

Mayor Grant         Aye

 

Motion passes 5-0.

 

 

INTRODUCTION OF ORDINANCE

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT.", which amends Section I. Section 11-11 entitled "Adoption,", Exhibit F\2 is hereby adopted as the official pay plan for Unclassified employees.

 

Mayor Grant withdraws the ordinance as he says it may be in violation of the Ethics Law.

 

The meeting is adjourned at 9:37 p.m.

 

Attest:

 

Valerie A. Perry, CMC

City Clerk                              Approved December 17, 1996

 

 

 

November 7, 1996 - Journal of the Special Council Meeting
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