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

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

T & T’s 133 Club, dba 133 Club, 29 Warren Avenue

TLKC of RI, Inc., dba N. Broadway Pizza & Pub, 525 N. Broadway

Town Pub, Inc., 311 Taunton Avenue

Tropical Ilhas, Inc., 472 Waterman 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)

Ban Chiang, Inc., dba Siam Square Restaurant, 1050 Willett Avenue

Barros, Rose Marie, dba Casa Brasil/Café Brazil, 543-545 North Broadway

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

Bowling Academy, Inc., 354 Taunton Avenue

Chan, Ben Ying, dba Mei Singh Chinese Restaurant, 2827 Pawtucket 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 Drive

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

Happy New Buffet Inc., 1925 Pawtucket 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

C (SALOON)

Carl & Arthur Quattrucci, dba Monforte’s Bar, 493 Waterman Avenue

D-FULL PRIVILEGE

Agawam Hunt, 15 Roger Williams Avenue

Columbus Club of Barrington, 1 Viola Avenue

Columbus Club of East Providence,3200 Pawtucket Avenue

East Providence Athletic Club, 118 Mauran Avenue

East Providence Fraternal Order of Eagles 1773, 334 Waterman Avenue

Holy Ghost Brotherhood Mariense, 846 Broadway

Metacomet Country Club, 500 Veterans Memorial Parkway

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

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the licenses.

The meeting is open to public comment.

Shirley Lange, 133 Cadorna Street, East Providence, Rhode Island is present and sworn. She states her complaints regarding the Merrill Lounge and says she was before the Council last year with the same complaints. She asks for police presence in the parking lot at closing time. Also, she says the music is still very loud.

Donna Bauxbaum, 135 Cadorna Street, East Providence, Rhode Island is present and sworn. She says she has no problem with the business, and it is expected that patrons will be making some noise when they leave. She says the business owners did make a lot of improvements this past year.

Louis Vieira, 123 Cadorna Street, East Providence, Rhode Island says he hears noise from the parking lot at closing time.

Joseph Cambio, 568 No. Broadway, East Providence, Rhode Island says he has been watching the Merrill Lounge for 50 years and has never had a problem with the family oriented business.

Beverly Lister, 531 No. Broadway, East Providence, Rhode Island, owner of the Merrill Lounge, speaks about the improvements that have been made, including lighting in the parking lot. She says last call is at 12:35 A.M. and the music stops at 12:45 A.M. She says she feels the complaint is unfounded.

Mayor Miranda says the Community Policing Unit will investigate and will report back to the Council.

James (?), 30 Catlin Avenue, East Providence, Rhode Island is present and sworn. He asks if any provisions are being made for license holders to make their payments in installments. Mayor Miranda responds by saying that the fees were raised by the State Legislature, and he is hearing that there may be a move to amend these fees, but for right now, they have to remain.

Mrs. Lister addresses the Council again and speaks about a pad lock and trees that have been planted against her building. She is told to contact the Zoning Officer, who can advise her.

On motion of Councilman Ramos, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve the license renewals, subject to approvals of the Police Chief and Health Inspector, and the payment of all state and city taxes. It is noted for the record that Mayor Grant is absent for the vote.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE (Given first passage October 21, 2003)

Advertised - Providence Journal - October 24, 2003

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.

SECTION I. That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not less than Sixty-six Million Two Hundred Thousand ($66,200,000) Dollars nor more than Sixty-seven Million Three Hundred Thousand ($67,300,000) Dollars said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2003 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2004 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2004 and the 1st day of July, 2004 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2004, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2004 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2004 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2004, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2004, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2004 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2005.

Each installment of taxes if paid on or before the last day of each installment period successively in order, shall be free from any charge of interest.

If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1st day of June, and the 1st day of July, 2004 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.

SECTION II. That any of said taxes not paid on or before the 1st day of March, 2005 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property. CHAPTER NO. 285

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

The meeting is open to public comments.

Theodore Loebenberg, 129 Wilson Avenue, East Providence, Rhode Island is present and sworn. He says that he learned that if you lease a car in the State of Rhode Island, you get a bill for the sales tax when you pay your property tax. Mr. McDonald says that is a true statement and it is a state law.

On motion of Councilman Harrington, seconded by Council Ramos, and on a roll call vote, it is unanimously voted to approve for final Passage. It is noted for the record that Mayor Grant is absent for the vote.

Acting Mayor Miranda announces that Mayor Grant is recuperating from him surgery and may be coming home over the weekend. Also, Acting City Manager William Conley is in Florida, and Jim McDonald is the Acting City Manager.

2. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES. CHAPTER NO. 286

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

On motion of Councilman Rogers, seconded by Council Ramos, and on a roll call vote, it is unanimously voted to approve for final Passage. It is noted for the record that Mayor Grant is absent for the vote.

3. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE. CHAPTER NO. 287

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

Dr. Ramos receives unanimous consent to allow Superintendent of Schools Taras Herbowy to address the Council.

Dr. Herbowy gives an update on Martin Middle School. He says that after speaking to the building Inspector and the Director of Health, he is pleased to announce that the building will open tomorrow. For the remainder of this week, classes will be held from 98:00 A.M. to 2:00 P.M., with all occupants leaving immediately after school to allow the workers to continue with the work on the roof. He also says that there were major concerns voiced by parents for a 7:00 A.M. to 1:00 P.M. school day, and that plan has been dropped.

Another concern of parents was the inability to communicate with the school during the recent emergency dismissal due to fumes emanating from the roofing materials. He says he has received information on technology that will call 1200 parents in an hor with a taped message. Dr. Herbowy also mentions that Orlo Avenue and Waddington Schools will need new roofs soon.

The meeting returns to regular business.

4. 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 Article X entitled “Stopping, Standing and Parking.”, Subsection 18-307 entitled “Parking prohibited at all times.” by adding the following:

NINTH STREET (west side) from Mauran Avenue to Juniper Street.

(Requested by: Director of Public Works) CHAPTER NO. 288

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

On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Mayor Grant is absent for the vote.

5. The following ordinance conforms to the state standard of excessive and annoying noise

AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE C1TY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”, which amends Article III entitled “Noise” by adding thereto the following:

Sec. 10-54. Declaration of policy.

It is hereby declared to be the policy of the City to prohibit unreasonable, excessive and annoying noise levels from all sources subject to its police power. At certain levels, low frequency sound (between 100-20 cps) when substantially amplified, often referred to as sub-woofer frequency, can be extremely penetrating, disturbing and poses a danger to the health and safety of the individual using equipment creating the sound, and to other individuals in the immediate area from which the sound is being generated. The noise being generated may originate from radios, CD players, DVD players, tape players, televisions and other audio-producing equipment.

Sec. 10-55. Violations of acceptable noise levels.

It shall be unlawful for any person to operate any equipment as set forth in section 10-54 from which the sound created by this equipment is capable of penetrating a closed vehicle from twenty (20) feet away from the location at which the sound is being generated. or heard from one hundred (100) feet away by a person outside from which the sound is originating. This section shall include, but not be limited to, sound electronically generated by autos, trucks, motor homes, houses, apartment buildings, condominiums, commercial buildings, or from any type of portable sound producing equipment that can be carried or placed outdoors which through its operation exceeds the provisions of this chapter. All state and municipal vehicles shall be exempt from the provisions of this chapter, or any person, firm, corporation or other legal entity which holds a valid state or municipal entertainment license to sponsor a parade, carnival or other similar special event.

Sec. 10-56. Penalties.

Any person who violates the provisions of this chapter shall, upon conviction, be subject to a fine in the amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third and any subsequent offense

(Requested by the Law Department) CHAPTER NO. 289

On motion of Councilman Harrington, seconded by Councilman 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 Councilman Rogers, seconded by Councilman Harrington, and on roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Mayor Grant is absent for the vote.

NEW BUSINESS

CITY MANAGER - no report

REPORTS OF OTHER CITY OFFICIALS

Claims and Litigation Committee Report

C Michael William Anthony, Claim No. 03-60 Approved

C Carl Cometta, Claim No. 03-55 Referred to Cardi Corp.

C Priscilla Evens, Claim No. 03-52 Referred to R.I.D.O.T.

C Marhsall Medeiros, Claim No. 03-54 Approved

C Melissa Medeiros, Claim No. 03-53 Approved

C William Searls, Claim No. 03-51 Approved for $234.20

Councilman Ramos questions the Fire Chief about hoses falling off the trucks and causing damage. The Chief reports that he has come up with a design to put aluminum doors on the trucks to contain the hoses.

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to accept the report. It is noted for the record that Mayor Grant was absent for the vote.

INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on November 18, 2003 for a public hearing and consideration of final passage)

1. 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. 18-269 entitled “Stop and yield intersections designated; when stops required.” by adding thereto the following:

WILSON AVENUE (southbound traffic) at Bourne Avenue.

WILSON AVENUE (northbound traffic) at Duncan Road.

On motion of Councilman Rogers, seconded by Councilman Harrington, and on roll call vote, it is unanimously voted to approve for First Passage. It is noted for the record that Mayor Grant is absent for the vote.

The following ordinance establishes a $250 late charge for starting work without a permit, which may be waived at the discretion of the building official.

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS” , which amends Subsection (1) of Section 4-16 entitled “Building permits.” of Article II entitled “Permits” to read as follows:

(1) All building permits, whether for new structures, repairs or alterations, and the fees for such permits are hereby fixed as follows. A $~~500.00~~250.00 late charge shall be added for starting work before obtaining a permit. Said late charge may be waived at the discretion of the building official as a result of work being performed due to exigent circumstances

(Requested by: Councilman Miranda)

Councilman Ramos asks if this ordinance would apply to someone replacing a water tank. Councilman Miranda responds by saying there has to be a window to allow for emergency situations whereby the person does not have to pay a fine.

Councilman Rogers offers the following modifications to the ordinance:

1. Change the wording to read “at the reasonable discretion of the Building Inspector.

2. Provide a waiver for the 1^st time only.

3. Make the application retroactive to correct the problems that this ordinance has caused.

Councilman Rogers suggests approving the modification for First Passage and get the information as to what the economic effect would be if it were made retroactive, and have that information available at the next meeting to give the Council the opportunity to change, revise it, or give it Final Passage.

On motion of Councilman Rogers, seconded by Councilman Harrington, the ordinance is approved as amended for First Passage.

3. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”, which amends Article IV entitled “Officers and Employees” by adding:

DIVISION 5. ASSISTANT CITY MANAGER

Sec. 2-228. Appointment of Assistant City Manager.

(a) The City Council shall appoint an officer of the City who shall have the title of Assistant City Manager. The Assistant City Manager shall serve as advisor to the City Manager and the City Council and under the direction of the City Manager and the City Council conduct and coordinate major City-wide projects and make recommendations for developing and implementing policies and programs adopted by the City Council. The Assistant City Manager shall have such other duties and responsibilities as the City Council and/or the City Manager may require and shall assist in administrative and leadership roles on special assignments and projects. The Assistant City Manager shall act for the City Manager in the City Manager’s absence or in the event of a vacancy in the office of the City Manager.

(b) No council member elected under the provisions of the City Charter shall receive such appointment during the term for which he or she shall have been elected nor within one (1) year after the expiration of such term. At the time of the appointment, the Assistant City Manager need not be a resident of the city or state, but during the tenure, the office of Assistant City Manager shall reside in the city.

(c) The Assistant City Manager shall be a graduate of an accredited four year college or university and shall possess a combination of education and experience that demonstrates the requisite knowledge, skills, and abilities to perform the duties and responsibilities provided for herein.

(d) The Assistant City Manager shall receive an annual salary as may be fixed from time to time by the City Council. Other terms and conditions of employment of the Assistant City Manager shall be as determined by the City Council. The Assistant City Manager may be removed from employment by a majority vote of the City Council.

(Requested by: City Council)

On motion of Councilman Ramos, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for First Passage.

COMMUNICATIONS

Brian R. Mello, 49 Franklin Street, Riverside, Rhode Island addresses the Council regarding Harriet Street traffic flow and repaving. He states that he would like to see Harriet Street returned to one-way traffic as it was in the past.

Councilman Harrington says he would like to work with Mr. Mello and with the Public Works Director

There being no further business, the meeting adjourns at 9:07 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk Approved: November 18, 2003

CONSENT CALENDAR

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

PUBLIC HEARINGS

NEW BUSINESS

COMMUNICATIONS