October 15, 1996 - Journal of the Regular Council Meeting 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, OCTOBER 15, 1996 8:00 P.M.

________________________________________________________________

The City Council meets in the Council Chamber on Tuesday, October 15, 1996 at 8:00 P.M. and is called to order by Mayor Rolland R. Grant.

Present:          Rolland R. Grant            )  Mayor

                       Joseph S. Larisa, Jr.      )  Council Members

                       Gerald R. Lynch             )

                       Norman J. Miranda         )

                       Robert D. Sullivan          )

                       Paul E. Lemont              )  City Manager

                       William J. Conley, Jr.     )  City Solicitor

                       Valerie A. Perry             )  City Clerk

(Jane Cormier, Merandi Reporting is present to record the proceedings of the public hearings)

Invocation is given by Councilman Norman J. Miranda.

Salute to the Flag is led by Councilman Joseph S. Larisa, Jr.

TO APPROVE THE CONSENT CALENDAR

Mr. Larisa removes CC item Probate Court Judgeship.  Consent Calendar is approved as amended on motion by Mr. Lynch, seconded by Mr. Sullivan, and unanimously voted on a roll-call vote.

CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNALS         

Regular Meeting - October 1, 1996

DEM - Division of Freshwater Wetlands

File No. 96-0330 - Insignificant Alteration - Permit

In reference to the location below:

Approximately 200 feet east of Bradford Avenue, approximately 250 feet northeast of the intersection of Bradford Avenue and Greenwich Avenue, Assessors Map 408, Block 16, Parcel 12 and Map 408, Parcels 8 and 9.  (H. Winfield Tucker)

Coastal Resources Management Council - Assent

File No. A96-8-81

Requesting to install cathodic protection system for existing twelve (12) inch diameter gas main adjacent to Watchemoket Cove, located at Plat (adj. Watchemoket Cove) Veterans Memorial Parkway.  (Providence Gas Co)

Probate Court Judgeship

Resignation - Stephen Capineri, Probate Judge

Mr. Larisa commends Probate Judge Stephen Capineri for a job well done, and extends best wishes to him on his appointment to Family Court.

All CC items are voted on and approved on one vote.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

ALCOHOLIC BEVERAGE - Class B-Full Privilege (Victualler) Transfer

From           - R & R Underground

To               - FSBD Tavern, Inc

dba             - 305 Club

Location      - 305 Lyon Avenue

Subject to approvals from: Chief of Police, Building Inspector,  Health Inspector    

Letter of Objection By Joseph Faria Objection to renewal/transfer of Alcoholic Beverage License due to indebtedness.

Ronald Doire, North Providence, Rhode Island and Fred Speroni, Smithfield, Rhode Island are present and sworn.  Motion made by Mr. Sullivan, seconded by Mr. Miranda, and unanimously voted to enter letter of objection by Joseph Faria into the record.  Motion to approve, pending the withdrawal of the letter of objection, is made by Mr. Miranda, seconded by Mr. Sullivan, and unanimously voted on a roll-call vote with all Council members present and voting.

Victualling – Transfer

From          - R & R Underground

To              - FSBD Tavern, Inc.

dba            - 305 Club

Location     - 305 Lyon Avenue

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

Motion to approve is made by Mr. Miranda, seconded by Mr. Sullivan, and voted 5-0.

Pool Table/Sunday Included – Transfer

From         - R & R Underground

To             - FSBD Tavern, Inc.

dba           - 305 Club

Location    - 305 Lyon Avenue

Subject to approvals from: Chief of Police, Building Inspector

Unanimously approved on motion of Mr. Miranda, seconded by Mr. Sullivan.

Dance/Entertainment – Transfer

From         - R & R Underground

To             - FSBD Tavern, Inc.

dba           - 305 Club

Location    - 305 Lyon Avenue

Subject to approvals from: Chief of Police, Building Inspector

On motion of Mr. Miranda, seconded by Mr. Sullivan it is unanimously voted to approve the above license.

Motion made by Mr. Larisa, seconded by Mr. Sullivan, and unanimously voted to remove E&E Restaurant, dba 133 Club from the list of renewals because of an objection.  E&E Restaurant will be placed on the November 12th docket for hearing.

Letter of Objection By Antonio Pereira

Re: Objection to the renewal/transfer of E & E Restaurant, Inc dba 133 Club due to indebtedness.

Petition of objection to renewal of Alcoholic Beverage License By Sue Silva, 30 Birch Street, 02914          

At the request of Mr. Miranda, Brownie's Bar & Grille is removed from the list of renewals.  Motion is made by Mr. Miranda, seconded by Mr. Sullivan and unanimously voted to schedule a Show Cause Hearing for November 7, 1996 at 7:30 P.M.

Motion to approve the remaining renewals is made by Mr. Lynch, seconded by Mr. Larisa and unanimously voted on a roll-call vote with all Council members present and voting.

ALCOHOLIC BEVERAGE LICENSE RENEWALS

For year commencing December 1, 1996

Advertised - East Providence Post - September 26 & October 3, 1996

Approved: Chief of Police

Subject to approval from: Health Inspector  All subject to payment of State and City tax

CLASS A (RETAILERS)

Barrington Liquors, Inc.

618 Warren Avenue

Clift's Liquors, Inc.

dba Christy's Liquors

191 Willett Avenue

Haxton's of Riverside, Inc.

1086 Willett Avenue

Jordans Beverage Store, Inc.

dba Jordans Liquors

199 Taunton Avenue

Liquor Depot, Inc.

1235 Wampanoag Trail

Maia Brothers Liquor Mart, Inc.

208 Warren Avenue

O Dell Enterprise, Inc.

dba Brookfield Liquors

470 N Broadway

Riverside Liquors, Inc.

225 Bullocks Point Avenue

Town Liquor Co., Inc.

dba Town Wine & Spirits

179 Newport Avenue

B-FULL PRIVILEGE (TAVERN)

Eastern Motor Inns, Inc.

dba New Yorker Motor Lodge

400 Newport Avenue

B-FULL PRIVILEGE (VICTUALLING)

Barbosa Family Restaurants, Inc.

dba Josephs Restaurant

315 Waterman Avenue

Broadway Bar, Inc.

dba 42nd Street

968 Broadway

Brownie's Bar & Grille, Inc.

22 Waterman Avenue

Centre Court, Inc. The

55 Hospital Road

Chelo's of East Providence, Inc.

911 Warren Avenue

China Gourmet, Inc.

dba Peking Restaurant

525 North Broadway

China Star, Inc.

140 Newport Avenue

Comedy Connection of RI, Inc.

dba Comedy Connection

39 Warren Avenue

Dolces Restaurant, Inc.

dba Bovi's Town Tavern

287-289 Taunton Avenue

E & E Restaurant, Inc.

dba 133 Club

29 Warren Avenue

East Providence Club Properties

New England Health & Racq

15 Catamore Boulevard

First Stop, Inc.

dba Mulhearn's Pub

507 No. Broadway

Flip-Shops Bar & Grille, Inc.

dba Flip-Shots Bar & Grille

218 Warren Avenue

Friends, Food & Spirits, Inc.

478 Waterman Avenue

FSBD Tavern, Inc.

dba 305 Club

305 Lyon Avenue

Hermano T. Gaipo

dba One River Street Pub

1 River Street

GMRI, Inc.

dba Red Lobster

1925 Pawtucket Avenue

Hok Meng & Kim H. Heng

dba Pattaya Cambodian Rest.

332 Warren Avenue

Lane Foods, Inc.

dba Greggs Restaurants

1940 Pawtucket Avenue

Lees Restaurant and Lounge, Inc.

dba Lees Restaurant and Lounge

376 Bullocks Point Avenue

Leung Incorporated

dba Imperial Villa Restaurant

3348 Pawtucket Avenue

Lincoln Bar, Inc.

24 Monroe Avenue

Merrill Lounge, Inc.

dba Merrill Lounge

535 North Broadway

Albertino R. Milho

dba Madeira Restaurant

288-290 Warren Avenue

NE Restaurant Co., Inc.

dba Chili's Grille & Bar

50 Highland Avenue

Old Oyster House & Lounge, Inc.

28 Water Street

P & G Bowling, Inc.

dba East Providence Bowling Cntr.

80 Newport Avenue

Panski's Pub, Ltd.

dba Panski's Pub

446 Waterman Avenue

R & R Underground, Inc., The

dba 305 Club

305 Lyon Avenue

Riviera Inn Dining and Banquet Company

580 North Broadway

Roast House Pub & Rest. Corp.

dba The Roast House

40 Newport Avenue

Rockin' Robin's Nest & Co.

308 Warren Avenue

Sage-Pal, Inc.

dba Estrela Restaurant

736 North Broadway

SDJ Restaurant

dba B & B Sports Tavern

281 Massasoit Avenue

Solmar, Inc.

dba Solmar Restaurant

497 Warren Avenue

Town Pub, Inc.

311 Taunton Avenue

Tropical Ilhas, Inc.

472 Waterman Avenue

Watchemoket Bar, Inc.

dba Watchemoket Bar

31 Warren Avenue

Wong Restaurant Corp.

dba Rickshaw Inn

181 Willett Avenue

Young China Restaurant, Inc.

250 Warren Avenue

B LIMITED (VICTUALLING)

Adesso Two, Inc.

dba Adesso Cafe

1235 Wampanoag Trail

Aegean Pizza, Inc.

302 Willett Avenue

Bertucci's Restaurant Corp.

Bertucci's Brick Oven Pizzeria

60 Narragansett Park Drive

Boston House of Pizza, Inc.

540-542 Taunton Avenue

Bowling Academy, Inc.

354 Taunton Avenue

Cafe Gianni, Inc.

335 Newport Avenue

Callegaro, Ernest L.

dba Old Depot Deli

250 Bullocks Point Avenue

Hortons Seafood, Inc.

dba Hortons Seafood

809 Broadway

Jo-Petro, Inc.

dba Minerva Restaurant

1022 South Broadway

K & G Enterprises, Inc.

dba Restaurant La Camelia

92 Waterman Avenue

141 Corp.

dba Uncle Tony's Pizza & Pasta

141 Newport Avenue

Paiva's Restaurant Corp.

dba O'Dinis Rest & Tavern

579 Warren Avenue

Papa Gino's Acquisition Corp.

dba Papa Gino's

12 Narragansett Park Drive

Papa Gino's Acquisition Corp.

dba Papa Gino's

80 Highland Avenue

RI-DA's Place, LLC.

dba RI-DA's Place

1086 Willett Avenue

Rodrigues, Kathy

dba New Primo's Restaurant

158 Roger Williams Avenue

SAZ, Inc.

dba Town Pizza Palace Rest.

949 Willett Avenue

Tedmar Corporation

dba Theo's Pizza Restaurant

1175 Warren Avenue

Tennis Rhode Island, Inc

70 Boyd Avenue

Two Dad's Incorporated

dba Carousel Family Restaurant

664 Bullocks Point Avenue

Vartan Athens Pizza, Inc.

dba Athen's Pizza

2830 Pawtucket Avenue

C (SALOON)

Carl & Arthur Quattrucci

dba Monforte's Bar

493 Waterman Avenue

D (FULL PRIVILEGE)

Columbus Club of East Providence

3200 Pawtucket Avenue

Agawam Hunt

15 Roger Williams Avenue

Cape Verdean Progressive Ctr.

329 Grosvenor Avenue

Columbus Club of Barrington

1 Viola Avenue

East Providence Athletic Club

118 Mauran Avenue

East Providence Fraternal Order of Eagles 1773

334 Waterman Avenue

East Providence Lodge of Elks 2337

60 Berkeley Street

East Providence Yacht Club, Inc.

9 Pier Road

Holy Ghost Beneficial Brotherhood of Rhode Island

51 N Phillips Street

Holy ghost Brotherhood of Charity

59 Brightridge Avenue

Loggia Luce Moderna 1112

99 Hicks Street

Metacomet Country Club

500 Veterans Memorial Parkway

Portuguese American Athletic

281 Warren Avenue

Riverside Post Holding Co., Inc.

830 Willett Avenue

Riverside Sportsman Assoc

1 Sportsman Drive

Rumford Columbus Club

1 New Road

Squantum Association

Squantum Club

947 Veterans Memorial Parkway

Teofilo Braga Club

26 Teofilo Braga Way

Trinity Brotherhood

146 Sutton Avenue

Veterans of Foreign Wars

Primmer-Cordeiro Post 5385

165 Lyon Avenue

Wannamoisett Country Club

96 Hoyt Avenue

Said applications will be in order for a hearing at which time and place all remonstrants may make their objections.

Secondhand

Applicant         - Ruth Kirkwood

dba                 - Ruthy's Guitar Shop

Location          - 2475 Pawtucket Avenue

Approved: Chief of Police

Subject to approval from: Building Inspector, Zoning Officer

Ruth Porier and Francis Porier, 49 City View Avenue, are pressent and sworn.  Motion to grant the license is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously voted on a roll-call vote with all Council members present and voting.

LICENSES NOT REQUIRING PUBLIC HEARING

Laundry – Transfer

From               - Gary Dobson

dba                 - Seekonk Coin-Op, Inc

To                   - Lucille Alves

dba                 - Seekonk Coin Operated Laundry

Location          - 1175 Warren Avenue

Approved: Chief of Police

Subject to approval from: Building Inspector

Attorney David McKenna, representing the applicant, addresses the Council regarding the license.  Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously voted.

Sunday/Holiday Sales – Transfer

From               - BCF, Inc

dba                 - Bowlers Choice

To                   - U & Me, Inc

Location          - 80 Newport Avenue

Approved: Chief of Police

Michael Vacca, 71 Cherry Hill Road, Johnston, Rhode Island, is present and sworn.  Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

1996-1997 Budget Hearing    

All speakers are sworn in by the City Solicitor.

Mr. Lemont reports to the Council that the only way to cut the budget is to cut the following:  East Bay Mental Health, Community Center, Self-Help, Senior Programs, Parks Division, Summer Youth Programs and Libraries.  He says he does not want to cut any of these programs, because they depend on City funds, but these are the only cuts he can suggest.  He also urges the Council not to wipe out the surplus account because it will affect the City'sbond rating.

The following people speak on the budget:

Harold Gerstein, 12 Rhodes Avenue, questions a section of the City Charter regarding the Finance Department of the City assuming the purchasing functions of the School Department.  Mr. Conley responds by saying this issue has come up before, and it is the School Department's position that this is a matter which pertains to general enabling State Law, giving them all authority on School Department matters.  After further discussion, Mr. Larisa requests a memo from the City Solicitor on the subject for the next meeting.

Ronald Wright, 8 Tyron Avenue, suggests that the City needs to downsize its workforce.  Mr. Lemont responds by saying the City lost 37 employees in the 1990 Early Retirement program, and that many of the jobs have been combined.  He says that to go beyond a certain point would mean a loss of services.

Fred Mello, 106 Bradford Avenue, speaks on the problem of a tax increase.

Chester Mott, 28 Grant Avenue, says the City Manager should be replaced if he can't do better with the budget.

Wilfrid Gates, Chairman, Library Board of Trustees, urges the Council not to cut the Manager's budget any further and speaks of the necessity to keep the quality of services for the citizens.

The meeting recesses at 9:10 P.M. and reconvenes at 9:20 P.M. with all Council members present.

Mayor Grant opens the meeting to Council discussion.

Mr. Lynch reminds the Council to watch the surplus account because of the bond rating.  He says he is satisfied with the budget but is not satisfied with the School Department budget.  He states that the services mentioned by Mr. Lemont cannot be cut.

Mr. Sullivan speaks and suggests ways to cut the budget by consolidating positions of the City and School Department.  He says he wants to send the budget back to the City Manager for further study, with the City Manager getting back to the Council with recommendations.

Mr. Miranda says he will not vote for a $1.54 tax increase and says people are concerned with the upcoming revaluation.  He also says he wants Mr. Lemont to come back to the Council with a lower budget.

Mr. Larisa speaks on the surplus account and the importance of the bond rating.

Mr. Conley reminds the Council that a budget must be passed no later than 7 days before the end of the fiscal year, which will be no later than October 24, 1996.

Motion is made by Mr. Sullivan, seconded by Mr. Miranda, and unanimously voted to schedule a Special Meeting for the continuation of the Budget Hearing on Tuesday, October 22, 1996 at 7:30 P.M.

ORDINANCES - FINAL PASSAGE 

1996-1997 BUDGET FOR THE CITY OF EAST PROVIDENCE

(Given final passage as presented)

Advertised - Providence Journal -  September 6, 1996              

NEW BUSINESS

CITY MANAGER

1)     Request for Executive Session - Labor Negotiations

Motion to move item to the end of the agenda is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted.

2)     Presentation of Consolidation Study by Gallileo Quality Institute

Mr. Lemont speaks on the consolidation study and presents Jerry Arcaro, representing the Gallileo Quality Institute, who presents the finds of the Consolidation Study.  The study concludes that consolidation will result in the City and School Department incurring significant legal expenses; that it does not result in significant improvement in service quality and cost effectiveness; and that it will result in short-term gains with the total absence of any long-term gains.

During the presentation, Mr. Arcaro speaks of visiting the Bentley Street garage, which he says is loaded with asbestos.  When questioned by Mr. Miranda, Attorney Anthony Feola, President of the School Department custodians, says he did not see any asbestos at the building.

The meeting recesses at 10:35 P.M. and reconvenes at 10:45 P.M.  with all Council members present.

The Council agrees to change the order of business to hear the last docketed item under Communications. 

Voter Initiative Alliance Requesting Council support for Resolution regarding Referendum question #8 – Voter Initiative.

A representative from the Voter Initiative Alliance speaks in support to the resolution.  He highlights the bill, which will give voters the right of amending the State Constitution without general assembly approval.  Mayor Grant states his concerns about special interest groups gaining power, but the representative says there is a safeguard in the numbers of voters.

After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to authorize  the Law Department to draft a resolution similar to the Voter Initiative Alliance resolution. Motion is made by Mr. Sullivan, seconded by Mr. Larisa, and unanimously voted to return to the regular order of business.

CITY OFFICIAL REPORTS

Law Department

By William J. Conley, Jr., City Solicitor

Re: 1) Agreement between East Providence School Committee and East Providence  City Council.

2) Memorandum of Understanding between East Providence School Committee and East Providence City Council.    

Mr. Conley explains that at the School Committee's request, an agreement was put into two separate documents.  The Agreement deals with the financial issues regarding the City's appeal to the Commissioner of Education, and the Memorandum of Understanding deals with other issues, i.e., the PCD property, the repair of the high school roof, the use of the Bentley Street garage, etc.

Mr. Sullivan speaks on the issue and calls for a joint meeting with the entire School Committee and entire City Council.  Mr. Sullivan makes a motion to fix the high school roof with the $190,000 from the City and $100,000 from the School Department.  Mr. Miranda seconds the motion.  Discussion follows.

Mr. Larisa says the City does not have the $190,000.  He says there is $410,000 already to go without touching the surplus property account.  He says the way to do it is to have the Mayor and City Manager sign the first agreement and get a meeting together with the School Department to discuss the Memorandum of Understanding.

Mr. Sullivan says he has a second on his motion to meet with the entire School Committee following the budget meeting next week.  He says he thinks the agreement is a waste of time.

Mr. Miranda says he is not sure that the City should sign an agreement without School Committee input.

After further discussion, a roll call vote is taken on the motion, which passes unanimously with all Council members present and voting.

Edna Snow, School Committee member, addresses the Council and says the School Committee is depending on the $190,000.

REPORTS OF COMMITTEES

CLAIMS COMMITTEE

It is voted unanimously to accept the Claims Committee report as presented on motion by Mr. Miranda, seconded by Mr. Lynch.

COUNCILMEN

(By Councilman Joseph S. Larisa, Jr.)

High School Roof Progress

(Part of Budget Hearing)

School Committee Settlement

(Part of Budget Hearing)

Council Campaign Supporters Party

Mr. Larisa mentions the annual inauguration event and suggests that the Council should pay for it from their campaign funds.  He says he will bring the matter up again before December 1st.

Opening for Probate Court Judge

Mr. Larisa says he will introduce a motion for the City Clerk to advertise for a Probate Court Judge and invite applicants to send in resumes for a future public hearing.  This way the public will get the opportunity to get to see all candidates.  Mr. Lynch disagrees with Mr. Larisa and says the candidate with the three votes will become the judge, and does not think the candidates should be made to appear in public.  After further discussion,motion is made by Mr. Larisa, seconded by Mr. Lynch, to advise for a Probate Court Judge.  Motion passes unanimously.

Councilman Sullivan receives Unanimous Consent to correct the date for the Wampanoag Trail Public Rally - the date should be October 19, 1996.

INTRODUCTION OF ORDINANCES

(If given first passage, can be referred to the next regular Council meeting to be held on November 12, 1996 for a public hearing and consideration for final passage)

APPOINTMENTS

(By Councilman Gerald R. Lynch)

Senior Citizens' Advisory Board

Marion Craven     105 Newman Avenue  02916

Motion to approve is made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted.

COMMUNICATIONS

John Lewis Waterfront Park

By Anthony Faria, 28 Water Street

Re: Requesting to address the Council regarding boats docked in front of Park.

Anthony Faria, 28 Water Street, is present and sworn.  Mr. Faria addresses the Council regarding a right of way in the water.  Mr. Conley says that if there is an issue as to the appropriateness of the docks in the water, then that issue belongs to the Coastal Resources Management Council.  Mr. Faria says any abutting property owner has to give the right to allow it.  After further discussion, Mr. Faria gives Mr. Conley documents from the CRMC and asks Mr. Conley to get back to him.

Edmund Oliver, Jr., 180 Narragansett Avenue

Requesting to address the Council re: Ordinance #412, Chapter 18, Vehicles and Traffic, "Loading Zones" Narragansett Avenue/River Street. (Ordinance received final passage September 17, 1996)

Requesting that this ordinance be rescinded.

Edmund Oliver, Jr. , 180 Narragansett Avenue is present and sworn.  Mr. Oliver addresses the Council regarding an ordinance that added a loading zone in front of the River Street Pub.  Mr. Oliver complains that no property owners were notified of the proposed ordinance.  He asks that the ordinance be rescinded.  After discussion, Mayor Grant says the City Manager will look into the matter and a hearing will be scheduled on the possible revocation or retention of the ordinance.  Mr. Oliver will be informed as to when the hearing will take place.

Motion is made by Mr. Sullivan, seconded by Mr. Larisa, to go into Executive Session to discuss negotiations.  Motion passes unanimously on a roll-call vote.

The Open Meeting recesses at 12:24 A.M. to go into Executive Session.

EXECUTIVE SESSION

(Negotiations)                   

The Open Meeting reconvenes at 12:34 A.M. and adjourns at 12:35 A.M.

Attest:

Valerie A. Perry, CMC

City Clerk

Approved:______________________

Meeting adjourned at

Attest:

Valerie A. Perry, CMC

City Clerk