CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

NOVEMBER 6, 2001

 

The City Council meets in the Council Chamber on Tuesday, November 6, 2001 and is called to order at 7:35 p.m. by Mayor Joseph S. Larisa, Jr.

 

Present:            Mayor Joseph S. Larisa, Jr.      )

Rolland R. Grant                       ) Council Members

Peter F. Midgley                       )

Norman J. Miranda                  )

Patrick A. Rogers                     )

Paul E. Lemont                         ) City Manager

William J. Conley, Jr.                ) City Solicitor

Valerie A. Perry                       ) City Clerk

 

Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.

 

The Invocation is led by Mayor Larisa. The Salute to the Flag is led by Councilman Midgley.

 

CONSENT CALENDAR

Year    Amount

2001    $7,452.64

Year    Amount

2001    $9,172.23

2000    868.14

Total    $10,040.37

File No. 01-9-81 - Remove existing roof and replace as per the approved plans. Expand existing deck and enclose existing porch. Located at Map 4134, Sec. 9, lot 1: 245 Terrace Avenue (Susan Arruda)

File No. 01-10-03 - Replace existing support beams under existing deck located at 9 Pier Road - Plat 16 Lot 22 (East Providence Yacht Club)


On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

 

Mayor Larisa presents a proclamation to Roberta A.E. Cairns on the occasion of her retirement after serving twenty-two years as Director of Library Services in the City of East Providence.

 

Councilman Miranda presents a Certificate of Appreciation to members of Rumford Boy Scout Troop 88 for work they did in cleaning up the island at Six Corners.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to change the order of business to allow Mr. Lemont to recognize two City employees.

 

Mr. Lemont recognizes City employees Mike Marshall and Chris Dececco for winning the Annual Snow Plow Rally, sponsored by the City's Insurance Agency. He commends them for their efforts.

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to return to the regular order of business.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

 

Alcoholic Beverage - Class B Ltd (Advertised East Prov. Post - Oct. 4, Oct. 11, 2001)

East Buffet, Inc., dba East Buffet Restaurant - 52 Narragansett Park Dr., East Prov., RI

Attorney Christopher Stowe, representing the applicant, is present and sworn.

 

There is no one from the public wishing to be heard.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector.

 

ALCOHOLIC BEVERAGE LICENSE RENEWALS - For year commencing

Dec.1, 2001 - Advertised - East Providence Post - October 18, 25, 2001

 

CLASS A (RETAILERS)

Barrington Liquors, Inc., 618 Warren Avenue

Clift's Liquors, Inc., dba Christy's Liquors, 191 Willett Avenue

Haxtons of Riverside, Inc., 1086 Willett Avenue

Jordans Beverage Store, Inc., dba Jordans Liquors, 199 Taunton Avenue

Liquor Depot, Inc., dba Douglas Wine & Spirits, 1235 Wampanoag Trail

Maia Brothers Liquor Mart, Inc., 208 Warren Avenue

O'Dell Enterprises, Inc., dba Brookfield Liquors, 470 North 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 (VICTUALING)

141 Corp., dba Uncle Tony's Pizza & Pasta, 141 Newport Avenue

AJR Restaurant Group, Inc., dba Estrella Do Mar, 736 North Broadway

Barbosa Family Restaurants, Inc., dba Josephs Restaurant, 315 Waterman Avenue

Beef Hearth, Inc., dba Chelo's, 63 Newport Avenue

Brinker Rhode Island, Inc., dba Chili's Grill & Bar, 50 Highland Avenue

Cape Verdean Progressive Center, 329 Grosvenor 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

Comedy Connection of RI, Inc., dba Comedy Connection, 39 Warren Avenue

D & M Sports Tavern, Inc., dba Golfers Sports Pub, 308 Warren Avenue

Davenport's Bar & Grill, Inc., dba Davenport's Restaurant, 1925 Pawtucket Avenue

James Dillenbach, dba 305 Club, 305 Lyon Avenue

Dolce's Restaurant, Inc., dba Bovi's Town Tavern, 287-289 Taunton Avenue

E & E Restaurant, Inc., dba 133 Club, 29 Warren Avenue

East Providence Yacht Club, Inc., 9 Pier Road

First Stop, Inc., dba Mulhearn's Pub, 507 North Broadway

Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillips Street

Hong Meas Restaurant Inc., dba Hong Meas Restaurant, 332 Warren Avenue

Joe's On Broadway, Inc., dba Joe's On Broadway, 968 Broadway

Lane Foods, Inc., dba Greggs Restaurant, 1940 Pawtucket Avenue

LaRosa Restaurant, Inc., dba LaRosa Restaurant, 335 Newport Avenue

Lees Restaurant and Lounge, Inc., dba Lees Restaurant and Lounge, 376 Bullocks Point Avenue

Lincoln Bar & Grill, Inc., 24 Monroe Avenue

Little Lucy's Lunch, Inc., dba Red Bridge Tavern, 22 Waterman Avenue

Loggia Luce Moderna 1112, 99 Hicks Street

Merrill Lounge, Inc., dba Merrill Lounge, 535 North Broadway

Milho, Albertino R., dba Madeira Restaurant, 288-290 Warren Avenue

Milho, Albertino R., dba Milho's, 308 Warren Avenue

Mindelo Restaurant, Inc., dba One River Street Restaurant, 1 River Street

Old Oyster House & Lounge, Inc., 28 Water Street

P & G Bowling, Inc., dba East Providence Bowling Center, 80 Newport Avenue

Panski's Pub Ltd., dba Panski's Pub, 446 Waterman Avenue

PWRPJ, Inc., dba Rockin' Times, 478 Waterman Avenue

Riviera Inn Dining and Banquet Co., 580 North Broadway

Roast House Pub & Restaurant Corp., dba The Roast House, 40 Newport Avenue

Rodrigues Restaurant, Inc., dba B&B Sports Tavern, 281 Massasoit Avenue

S A Z, Inc., dba Town Pizza & Family Restaurant, 949 Willett Avenue

Sancliffe Corporation, dba Star Diner, 140 Newport Avenue

Solmar, Inc., dba Solmar Restaurant, 497 Warren Avenue

Town Pub, Inc., 311 Taunton Avenue

Tropical Ilhas, Inc., 472 Waterman Avenue

Vartan Athens Pizza, Inc., dba Athens Pizza, 2830 Pawtucket Avenue

Watchemoket Bar, Inc., dba Watchemoket Bar, 31 Warren Avenue

Wong Restaurant Corporation, dba Rickshaw Inn, 181 Willett Avenue

Young China Restaurant, Inc., 250 Warren Avenue

 

B-LIMITED (VICTUALING)

Bertucci's Restaurant Corp., dba Bertucci's Brick Oven Pizzeria, 60 Narragansett Park Drive

Boston House of Pizza, Inc., 540-542 Taunton Avenue

Bowling Academy, Inc., 354 Taunton Avenue

Corner Grill Restaurant Inc., dba The Corner Grill, 664 Bullocks Point Avenue

Dedeyan, Mkrtich, dba Minerva Pizza House, 1022 South Broadway

Delops, Inc., dba Papa Gino's, 80 Highland Avenue

Delops, Inc., dba Papa Gino's, 12 Narragansett Park Drive

East Buffet, Inc., dba East Buffet Restaurant - 52 Narragansett Park Dr., East Prov., RI

East Prov. House of Pizza, LLC., 187 Willett Avenue

Farnsworth Café, LLC, dba Farnsworth Café, 302 Willett Avenue

Goncalves, Maria D.N., dba Dolores Place, 330 Warren Avenue

Horton's Seafood, Inc. , dba Horton's Seafood, 809 Broadway

JPCT Sports LLC, dba Tennis Rhode Island, 70 Boyd Avenue

K & G Enterprises, Inc., dba Restaurant La Camelia, 92 Waterman Avenue

Paiva's Restaurant Corp., dba O'Dinis Restaurant & Tavern, 579 Warren Avenue

Pim Corp., dba Siam Square Restaurant, 1050 Willett Avenue

Silva, Rosalie M., dba Riverside Depot Deli, 250 Bullocks Point Avenue

Symeon Co. LLC, dba Theo's Family Restaurant, 1175 Warren 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

Columbus Club of Barrington, 1 Viola Avenue

East Providence Athletic Club, 118 Mauran Avenue

East Providence Fraternal Order of Eagles 1773, 334 Waterman Avenue

Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue

Holy Ghost Brotherhood Mariense, 846 Broadway

Metacomet Country Club, 500 Veterans Memorial Parkway

Portuguese American Athletic Club, 281 Warren Avenue

Riverside Post Holding Co., Inc., 830 Willett Avenue

Riverside Sportsmans Assoc., 1 Sportsman Drive

Rumford Columbus Club, 1 New Road

Squantum Association, Squantum Club, 947 Veterans Memorial Parkway

Teofilo Braga Brotherhood and Literary 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

 

The City Clerks asks that Farnsworth Café be added to the B-Limited list and One River Street Restaurant be removed because the business is closed and is up for sale.

The meeting is open for public comments.


Donna Buxbaum, 135 Cadorna Street, East Providence, Rhode Island is present and sworn. She speaks about her concerns with the operation of Merrill Lounge. She states that they have a live band every Friday and Saturday night and there is noise coming from the premises well into the early morning hours. She says she would like to see the City set limitations on the license, and require Special Police officers to clear out the establishment at closing time.

 

Shirley Lange, 133 Cadorna Street, East Providence, Rhode Island is present and sworn. She also speaks about the problems of noise and public urination and says she would like the Council to address these concerns.


Mr. Midgley states that he would like to see a blanket policy on all dance/entertainment licenses prohibiting noise being heard outside of an establishment when the doors are closed.

 

After further discussion, it is decided that the Community Police unit will be notified to meet with the neighbors and the owners of the Merrill Lounge. They will also be notified to come to the next Council meeting to have the license reviewed.

On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve all licenses, with the exception of the Merrill Lounge, subject to Police Chief approval and up-to-date payment of all city and state taxes.

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

1. Victualing/Over 25

Adriance Group, Inc., dba East Providence on the Run - 900 Wampanoag Trail

Carl Linquist, Bristol, Connecticut, is present and sworn.


On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to approve, subject to approval from the Department of Health.

2. Victualing/Over 50 - Transfer

From: DAR Enterprises to Lonquist Management Co LLC - Dba McDonald's - 72 Newport Ave.

Stephen Blair, 88 Grassmere Street, Warwick, Rhode Island is present and sworn.

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Department of Health.

 

3. Wrecker/Tower

 

MCM Towing, Inc., 43 Sixth Street, East Providence, RI

The applicant is not present.

 

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to defer to the next meeting.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

1. Comprehensive Plan Amendments - Density Guidelines

Planning Director Jeanne Boyle explains the proposed amendments. She states that the changes would prohibit undersized lots from being sub-divided. She also mentions that the proposals would change the minimum lot size from 5400 sq. ft. to 7200 sq. ft.

 

There is no one from the public wishing to be heard.

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, the guidelines are approved.

 

2. Proposed Zoning Ordinance Amendments

(Advertised Providence Journal - October 24, 31, November 5, 2001)

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING"., which amends Subsection (1) of Sec. 19-133 entitled "Contiguous lot under common ownership." to read as follows:

 

(1) If two or more contiguous lots are under common ownership at any time after the effective date of the ordinance from which this chapter was derived and one or more of these lots fails to meet the requirements of Sec. 19-145 with regard to minimum lot area or minimum lot width, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if joint application for a building permit is made by all owners of such parcels. No single lot shall be used in violation of the requirements of Sec. 19-145 with regard to minimum lot area or minimum lot width, except as provided in this chapter.


SECTION II. Sec. 19-139 entitled "Number of structures." is amended to read as follows:

 

Not more than one structure used for residential purposes shall be built upon any single lot in any R-1, R-2, R-3, R-4, R-5 or R-6 district.

(Requested by Planning Board) CHAPTER 184

 

On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to dispense with the reading of the ordinance.

 

There is no one from the public wishing to be heard.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve the Ordinance.

 

ORDINANCES - FINAL PASSAGE

(Given first passage October 16, 2001)

 

1. AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS. (Budget Ordinance) CHAPTER 185

Finance Director James McDonald explains that this ordinance allows the City to send out Tax Bills next May.

 

There is no one from the public wishing to be heard.

 

On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

2. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES (Budget Ordinance) CHAPTER 186

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

There is no one from the public wishing to be heard.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.


(Advertised Prov. Journal - October 19, 2001)

 

3. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." by adding thereto the following:

 

CITY VIEW AVENUE (south side), in front of house number 55.

(Requested by Director of Public Works) CHAPTER 187


There is no one from the public wishing to be heard.

 

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

NEW BUSINESS

 

CITY MANAGER

 

Request for City Council Approval to Award Contract for Wampanoag Trail Water Transmission Main

 

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to award the contract to V.F. Capaldi Construction Corporation in the total amount of $1,497,777.

 

City Manager's Report

At the request of Mr. Miranda, Mr. Lemont reports that the final drawings for the School Department garage will be in later this week, and he will share them with the School Department.

 

REPORTS OF OTHER CITY OFFICIALS

 

(By William J. Conley, Jr., City Solicitor)

Claims and Litigation Committee Report

Snead, Ernest, Claim No. 01-86 Referred to N.E.E.D.

Fenestration Architectural Products LLC, Claim No. 01-87 Referred to School Dept.

Quirini, Jeannette, Claim No. 01-79 Referred to N.E.E.D.

Lopez, Gretchen, Claim No. 01-60 Denied

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to accept the report as presented.

 

COUNCIL MEMBERS

(By Councilman Rolland R. Grant)

Pawtucket Avenue - Bayview - An access road through the back

 

Mr. Grant speaks about the traffic problems on Pawtucket Avenue at Bayview. He suggests that a roadway be built on the Bayview property and City property to alleviate the situation. Mr. Lemont will look into it.

 

Addendum Lights at Sabin Point Park

Mr. Grant receives unanimous consent to discuss this topic. He requests that the Recreation/Parks Department look into the feasibility of replacing the lights with spot lights or something similar.


RESOLUTIONS

A Resolution to remove the Parks Division from the Public Works Department and to place it under the supervision of the Recreation Department. (Requested by City Manager)

 

RESOLUTION NO. 22

 

On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to adopt the Resolution.

 

INTRODUCTION OF ORDINANCES  

(If given first passage, can be referred to the next regular Council meeting to be held on November 20, 2001 for a public hearing and consideration of final passage)

 

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND , 1998, AS AMENDED, ENTITLED "PERSONNEL.", which amends Section 11-111 entitled "Adoption", the attached pay plans designated as Exhibits A, B, C, D, E, G, F1 and F2 are hereby adopted as the official pay plans for the United Steelworkers of America Local 15509A; United Steelworkers of America Local 15509; International Association of Firefighters, Local 850 (AFL-CIO) ; International Brotherhood of Police Officers Local Number 569; Professional, Managerial, and Technical Employees Association; East Providence Department Heads and Exhibits F1 and F2 are hereby adopted as official pay plans for non-classified full-time and/or part-time employees (i.e. seasonal and temporary) and unclassified employees respectively; and said exhibits shall be placed on file in the City Clerk's Office. (Budget Ordinance)

On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously voted to approve for First Passage.

 

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Sec. 18-227 entitled "Temporary Closure of Streets." by adding thereto the following:

GLENROSE DRIVE between Ferncrest Drive and Lantern Lane to all through traffic with the exception of school buses between 8:00 AM and 9:00 AM and between 2:00 PM and 3:00 PM on school days.

 

SECTION II. Sec. 18-307 entitled "Parking prohibited at all times." is amended by adding thereto the following:

GLENROSE DRIVE (both sides), between Ferncrest Drive and Lantern Lane between 8:00 AM and 9:00 AM and between 2:00 PM and 3:00 PM on school days.

 

LEGION WAY (north side), from Breeze Way to a point 50 feet east of the easterly school entrance between 8:00 AM and 9:00 AM and between 2:00 PM and 3:00 PM on school days.

 

LEGION WAY (south side), from the easterly school entrance to a point 50 feet east, between 8:00 AM and 9:00 AM and between 2:00 PM and 3:00 PM, school days.

(Requested by Director of Public Works)

 

On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage

 

APPOINTMENTS

(By Councilman Norman J. Miranda)

Juvenile Hearing Board

Louis Proccacini 349 Juniper Street (02914)

 

On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously voted to approve.

 

There being no further business, the meeting adjourns at 8:44 p.m.


Attest:



Valerie A. Perry, CMC

City Clerk Approved: November 19, 2001





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