CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

MONDAY, NOVEMBER 8, 2004

The City Council meets in the Council Chamber on Monday November 8, 2004 and is called to order at 7:35 P.M. by Mayor Rolland R. Grant.

Present: Mayor Rolland R. Grant )

Patrick A. Rogers )

Norman J. Miranda ) Council Members

Daniel F. Harrington )

Dr. Isadore S. Ramos )

William J. Fazioli ) City Manager

William J. Conley, Jr. ) City Solicitor

John M. O’Hare ) City Clerk

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

The invocation is given by Councilman Ramos. The Salute to the Flag is led by Councilman Miranda.

On motion of Mr. Miranda, seconded by Dr. Ramos, it is unanimously voted to change the order of business following the approval of the Consent Calendar, to move Communications up next on the docket.

CONSENT CALENDAR

Approval of Council Journals:

October 5, 2004 - Regular Session

October 19, 2004 - Regular Session

TOWN OF RICHMOND - Resolution - Requesting the support of the $70 million Open Space and Recreation Bond that will appear on the ballot for the November 2, 2004 General Election.

BOARD OF ASSESSMENT REVIEW, Peter Calise, Chairman

Hardships - Approved/19 Denied/7 Total/26 $12,650.82

CANCELLATION/ABATEMENTS - By Tax Assessor

YEAR AMOUNT

2004 $ 3,985.21

2003 31.54

2002 90.52

TOTAL $ 4,117.27

On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.

COMMUNICATIONS

Frank Giordano, 7 Woodward Avenue, East Providence. R.I. 02914, Commander of Primmer - Codiero Post #3385, addresses the Council regarding a Veterans Day Ceremony on Thursday, November 11, 2004 at 11:00 A.M., Garden of Flags, Massasoit Avenue. (Near the Henderson Bridge)

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

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Community Emergency Response Team (Cert)

Emergency Management Director Raymond G. Benoit presents Certificates to the volunteers.

Beautification Commission - Joe Gibson, Chairperson

Presentation of 2004 Beautification Awards:

1. Atlantic Flag & Banner, 694 North Broadway, Mr. Les Haworth

2. Buckett’s General Store, Bullocks Point Avenue, Mr. & Mrs. Richard Buckett

3. Sacred Heart Church, 118 Taunton Avenue, Rev. Peter DiTullio

4. Water View Villa Nursing Home, 1275 South Broadway, Mr. Michael Monteleone

APPOINTMENTS

(By Councilman Norman J. Miranda)

CROSSING GUARD

Elizabeth Gomes 15 South Prospect Street, 02914

On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.

PUBLIC HEARINGS

HIGHWAY ABANDONMENT - Avenue D

From its intersection with North County Street northerly approximately 310 feet to its terminus. Shown on a recorded plat of land entitled “BROADWAY VILLA PARK, EAST PROVIDENCE. R.I. BELONGING TO THE VICTORY LAND CO. INC., FRENCH & BATEMAN, ENGR’S, JULY, 1921 and on Tax Assessor’s Map No. 306, Block 29, Parcel 5, et seq., dated December 31, 2003

Petitioner - William Fazioli, City Manager, c/o E.P. City Hall, 145 Taunton Avenue, East Providence, R.I. 02914

Attorney - William J. Conley, Jr.

Advertised - East Providence Post October 22/29/November 5, 2004

Notice Sent to City Sergeant for Service - October 13, 2004

Affidavit of Service Received - October 20, 2004

Date Served - October 16/17/19, 2004

Notice Sent to Utility Companies - October 13, 2004

Referred to the Planning Board 9-8-2004 (Memo from Planning Board 9-16-2004)

Joseph Tavares, 135 Apulia Street, is present and sworn. Mr. Tavares states that he and his neighbors were notified of tonight’s meeting and they are not sure what is happening with this property. Mr. Conley explains the procedure.

?? 125 Apulia Street, is present and sworn. He asks about the boundaries and who will be entitled to the property. Mr. Conley gives the information and says any questions can be referred to him at his office.

Susan Martin, 308 Johnston Street, Providence, Rhode Island, representing her Father, Edward Tabela, who owns property at the location. Mr. Conley states that the Planning Board recommended that the Council abandon property in this area. Ms. Martin asks if there is any idea on the timeline of the abandonment. Mr. Conley states that as soon as the Council approves it, it will be recorded.

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

LICENSES REQUIRING PUBLIC HEARING (Advertised E.P. Post)

Renewal of Alcoholic Beverage Licenses for year commencing December 1, 2004, upon application by licensee and approval by Chief of Police and Health Inspector as required by other City officials; also requesting to be advised of any licenses to be deferred or with held from the renewal process.

OBJECTIONS: A. J. MARTIN, INC. P.O. Box 7538, 51 Graystone St., Warwick, R.I. 02887 - Objecting due to indebtedness. (See ****)

1. BARBOSA’S FAMILY RESTAURANT, INC., DBA: Joseph’s Restaurant, 315

Waterman Avenue, East Providence, R.I.

2. AJR RESTAURANT GROUP, INC., DBA: Estrella Do Mar, 736 North Broadway, East Providence, R.I.

CLASS A (RETAILERS)

Barrington Liquors, Inc., 618 Warren Ave.

Bethal Enterprises, Inc., dba Jordan’s Liquors, 199 Taunton Ave.

Clift’s Liquors, Inc., dba Christy’s Liquors, 191 Willett Ave.

Haxtons of Riverside, Inc., 1086 Willett Ave

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

Maia Brothers Liquor Mart, Inc., 208 Warren Ave.

O’Dell Enterprises, Inc., dba Brookfield Liquors, 470 North Broadway

Riverside Liquors, Inc., 225 Bullocks Point Ave.

Town Liquor Co., Inc., dba Town Wine & Spirits, 179 Newport Avenue

B-LIMITED (VICTUALING)

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

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

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

Bowling Academy, Inc., 354 Taunton Ave.

Chan, Ben Ying, dba Mei Singh Chinese Restaurant, 2827 Pawtucket Ave.

Mkrtich Dedyan, dba Minerva Pizza House, 1022 South Broadway

East Buffet, Inc., dba East Buffet, 52 Narragansett Park Drive

East Providence House of Pizza, LLC, 187 Willett Ave

Farnsworth Café, LLC, dba Farnsworth Café, 302 Willett Ave.

Happy New Buffet, Inc., 1925 Pawtucket Ave.

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

JPCT Sports, LLC, dba Tennis Rhode Island, 70 Boyd Ave.

Paiva’s Restaurant Corp., dba O’Denis Restaurant & Tavern, 579 Warren Ave

B-FULL PRIVILEGE (VICTUALING)

141 Corp., dba Uncle Tony’s Pizza & Pasta, 141 Newport Ave.

***AJR Restaurant, dba Estrella do Mar, 736 North Broadway

****Barbosa’s Family Restaurant, Inc., dba Joseph’s Restaurant, 315 Waterman Ave., Beef Hearth, Inc., dba Chelo’s, 63 Newport Ave.

Bertucci’s Restaurant Corp., dba Bertucci’s Brick Oven Pizza, 70 Narragansett Park Dr.; Brinker Rhode Island, Inc., dba Chili’s Grill & Bar, 50 Highland Ave.

Cape Verdean Progressive Center, 329 Grosvenor Ave.

The Centre Court, dba The Loft, 55 Hospital Rd.

Chelo’s of East Providence, R.I., Inc., 45 D Newport Ave.

Comedy Connection of R.I., Inc., dba Comedy Connection, 39 Warren Ave.

Davenport’s Bar & Grill, dba Davenport’s Restaurant, 1925 Pawtucket Ave.

James Dillenbach, dba 305 Club, 305 Lyon Ave.;

Dolces Restaurant ,Inc., dba Bovi’s Tavern, 287-289 Taunton Ave.;

East Providence Yacht Club, Inc., 9 Pier Road;

Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillip Street;

Holy Ghost Brotherhood of Charity, 59 Brightridge Ave.;

Hong Meas Restaurant, Inc., dba Hong Meas Restaurant, 332 Warren Ave.;

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

Key West Bar & Grill, Inc., dba Key West Bar & Grill, 968 Broadway;

Lane Foods, Inc., dba Gregg’s Restaurant, 1940 Pawtucket Ave.;

LaRosa Restaurant, Inc., dba LaRosa Restaurant, 335 Newport Ave.;

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

Lincoln Bar & Grill, Inc., 24 Monroe Ave.

Little Lucy’s Lunch, dba Red Bridge Tavern, 22 Waterman Ave.

Loggia Luce Moderna 1112, 99 Hicks Street

Mathias Enterprises, LTD., dba Campino Restaurant & Sports Bar, 218 Warren Ave.

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

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

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

Panski’s Pub, LTD., dba Panski’s Pub, 446 Waterman Ave.

Portuguese American Athletic Club, 281 Warren Ave.

Pub Ventures, Inc., dba Mulhearn’s Pub, 507 North Broadway

PWRPJ, Inc., dba Rockin’ Times, 478 Waterman Ave.

Riviera Inn Dining and Banquet Company, 580 North Broadway

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

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

SAZ, Inc., dba Town Pizza & Family Restaurant, 949 Willett Ave.

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

T&T’S 133 Club, Inc., dba 133 Club, 29 Warren Ave.

THF, Inc., dba Houlihan’s Tavern on the River, 28 Water Street

TLKC of R.I., Inc., dba North Broadway Pizza & Pub, 520 No. Broadway

Town Pub, Inc., 311 Taunton Ave.

Tropical Ilhas, Inc., 472 Waterman Ave.

Watchmoket Bar, Inc., dba Watchmoket Bar, 31 Warren Ave.

Wong Restaurant Corp., dba Rickshaw Inn, 181 Willett Ave.

Young China Restaurant, Inc., 250 Warren Ave.

C (SALOON)

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

D-FULL PRIVILEGE

Agawam Hunt, 15 Roger Williams Ave.

Columbus Club of Barrington, 1 Viola Ave.

Columbus Club of East Providence, 3200 Pawtucket Ave.

East Providence Athletic Club, 118 Mauran Ave.

East Providence Fraternal Order of Eagles 1773, 334 Waterman Ave.

East Providence Lodge of Elks 2337, 60 Berkely Street

Holy Ghost Brotherhood Mariense, 846 Broadway

Metacomet Country Club, 500 Veterans Memorial Parkway

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

Riverside Sportsmans Association, 1 Sportsman Drive

Rumford Columbus Club, 1 New Road

Squantum Association, Squantum Club, 947 Veterans Memorial Parkway

Theophilo Braga Brotherhood & Literary Club,

` dba Theophilo Braga Club, 26 Theophilo Braga Way

Trinity Brotherhood, 146 Sutton Ave.

Wannamoisett Country Club, 96 Hoyt Ave.

Councilman Miranda speaks on the two licenses that have objections. He says that the Council cannot issue the licenses until the objections are withdrawn.

There is no one present wishing to speak on the licenses.

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the license renewals, with the exception of Joseph’s Family Restaurant and Estrela doMar until their violations have been taken care of and the objections have been withdrawn.

PUBLIC HEARING

ORDINANCES - FINAL PASSAGE

Advertised - Prov. Journal, 9-29/10-6-13, 2004

(This ordinance was deferred from 10-19-2004)

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED “ZONING” SECTION 1. Sec 19-95 entitled “Districts Designated” of Article 111, entitled District Regulations” is hereby amended as follows:Parcel 2 on Assessor’s Map 407, Block 4, presently located in a residential 4 district is hereby changed to be included in a commercial 3 district.

ZONING MAP AMENDMENT (Ref. Sec 19-72) - 90 South Blossom Street

Petitioner: Moortown Realty LLC

Attorney: John T. Gannnon, 727 Central Avenue, Pawtucket, R.I. 02861

Advertised: Providence Journal, September 29, October 6 & 13, 2004

Notices: Sent to abutters - September 22, 2004

Proposal will re-zone 50' X 100 foot lot from R4 to C3. If approved re-construction of the existing Dunkin Donuts which is adjacent to the subject lot will be pursued.

Robert Lapore and John Gannon, representing the petitioner are present and proceed to address the Council regarding the requesting zoning map amendment.

Martin B. Cassidy, Pawtucket, Rhode Island is present and sworn. Mr. Cassidy is the Director of Planning and Developmentg for the City of Pawtucket. He testifies as a Land Use Planner. Mr. Cassidy answers questions from Mr. Lapore regarding the proposed zone change, which will change one lot to commercial use. He says the rezoning of the lot complies with the City’s Comprehensive Plan.

Councilman Miranda states that he can’t believe this won’t change the character of the neighborhood. He mentions the number of people on the street who have been in their homes for 50-60 years. He says the residents have serious concerns.

Councilman Rogers mentions the improvements of Woods Gas Station and the new CVS on the opposite corner and says the enhancements of the Dunkin Donuts will improve the corner.

Councilman Harrington says the building in question is a blight. He also says that the leverage here is that the neighbors can tell Dunkin Donuts what kind of fence, etc. they want to see.

Discussion continues about the businesses at the location and the problem of traffic congestion.

Douglas Manning, 315 Stoneridge Dr., East Greenwich, RI is present and sworn. Mr. Manning testifies that Moortown Realty, LLC is the owner of the property and he is the Manager of the company. He states that his company and Dunkin Donuts has been in discussion for a few years regarding the property, which Dunkin Donuts wants to convert to Commercial property to allow additional parking.

Councilman Miranda says that the future of the area could include additional construction in the area, and there have been rumors of a Walgreens being built on the Gasbarro property across the street from So. Blossom Street. He states that he has to support the neighbors in the neighborhood.

Kevin Harrison Lombardi, Sr., 97 So. Blossom Street, East Providence, RI is present and sworn. He presents petitions from neighbors on his street and in the surrounding area. On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to make them part of the record.

Mr. Lombardi reads a statement opposing the zone change.

Mark Zito, 149 So. Rose Street, East Providence, RI is present and sworn. He says that he presented a petition of 80 signatures to the Zoning Board at a prior Zoning Board Hearing, which stated opposition to a drive thru or expansion of Dunkin Donuts on Warren Avenue. He says that a study shows that these plans will have a significant impact on the traffic in the area. He mentions that people coming out of So. Blossom Street must cross three lanes of traffic to take a left-hand turn, making it a safety factor. He also reads a memo from the Planning Board recommending that the City Council deny the rezoning. He presents a petition of 33 signatures for the record. Motion made by Councilman Miranda, seconded by Councilman Rogers, and unanimously voted to make it part of the record. He says he is totally against changing any residential property to Commercial property.

Mr. Conley asks that the memo to the City Council from the Planning Board dated October 13, 2004 be made part of the record. On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to make it part of the record.

Roger (??) 143 So. Blossom Street, East Providence, RI is present and sworn. He speaks against the zone change. He says there is also a problem of cars using So. Blossom Street as a turn-a-round to Subway. He says there are young children on the street, and it is a problem. He doesn’t want people using his driveway to turn around.

Councilman Harrington says he does not think that an expansion or modernization of a building, along with getting rid of a blight, will have an adverse affect on the neighborhood.

Mike Robinson, 124 So. Blossom Street, East Providence, RI is present and sworn. Mr. Robinson speaks about the traffic problems in the area now, and says that this proposed expansion will make it even more of a problem. He says an expansion of the parking lot will increase customers and will make it even more of a problem for the neighbors.

Wesley Plante, 23 Seventh Street, East Providence, RI is present and sworn.

?? 2407 Pawtucket Avenue, East Providence, RI is present and sworn. She says she lives 150 ft. from the corner and speaks of the traffic problems in the area.

Following the testimony, Councilman Miranda makes a motion to deny the petition. Councilman Ramos seconds the motion. Roll call vote follows:

Mr. Harrington Nay

Mr. Miranda Aye

Dr. Ramos Aye

Mr. Rogers Nay

Mayor Grant Aye

The motion to deny the petition fails on a 3-2 vote.

Motion to approve the zone change as presented by the petitioner is made by Councilman Rogers, seconded by Councilman Harrington. Roll call vote follows:

Mr. Harrington Aye

Mr. Miranda Nay

Dr. Ramos Nay

Mr. Rogers Aye

Mayor Grant Aye

The motion passes on a 3-2 vote.

BUDGET

3. Freedom Green Park–Dedication of plaques

Dr. Ramos says there were three people who had to pay $200 each for a plaque at the park, when at the same time, two other people had the plaques paid for by the City. He suggests that the three people who had to pay be reimbursed the $200. Councilman Rogers speaks on the issue, and says the two people who were honored by the City were Carol DelleFemine Bouchard who was killed in the plane on 9/11 which crashed into the World Trade Center; the other was for Capt. Alister MacGregor, who was killed during training for the Police Department. He said he was approached by members of the Lucy Fonseca family and he told them the City would plant a tree in her memory. When Mr. Fonseca said he wanted a plaque, Councilman Rogers said he told him the City didn’t have the money in the budget, and that is when Mr. Fonseca volunteered to pay for the plaque. The family of Mr. Joseph Swift also payed for a plaque. He says he was advised by Legal Counsel that it might seem inappropriate to return any funds to the family, as they are involved in a multi-million dollar litigation against the City of East Providence. Councilman Rogers criticizes Councilman Ramos for his tactics.

Motion to table the matter is made by Councilman Miranda and seconded by Councilman Rogers. The motion passes 4-1, with Councilman Ramos voting “Nay.”

4. Proposal for Tax Freeze for 65 years and over

Dr. Ramos speaks on the proposal and asks that this be considered.

Councilman Rogers makes a motion to defer to the next Council. There is no second to the motion.

Councilman Ramos makes a motion, seconded by Councilman Rogers, to defer the study. Motion passes unanimously.

INTRODUCTION OF ORDINANCES

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” Article X entitled “Stopping, Standing and Parking”, Subsec 18-315 entitled “Reserved parking designated-Handicapped parking” adding:

ARCADIA AVENUE (north side) in front of house number 43.

(By Director of Public Works)

Motion to dispense with the reading of the ordinance made by Councilman Rogers, seconded by Councilman Miranda, and unanimously voted.

Motion to approve for First Passage made by Councilman Miranda, seconded by Councilman Harrington, and unanimously passed on a roll call vote.

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”, SECTION 1. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” adding:CUSHMAN AVENUE (eastbound and westbound traffic) at CLYDE AVENUE.

(By Mayor Rolland R. Grant)

Motion to dispense with the reading of the ordinance made by Councilman Rogers, seconded by Councilman Miranda, and unanimously voted.

Motion to approve for First Passage made by Councilman Miranda, seconded by Councilman Harrington, and unanimously passed on a roll call vote.

5. 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” Article X entitled “Stopping, Standing and Parking”, Subsec 18-307 entitled “Parking prohibited at all times” adding: SUTTON AVENUE (both sides) from MASSASOIT AVENUE east for a distance of 195 feet.

(By Councilman Patrick A. Rogers)

Motion to dispense with the reading of the ordinance made by Councilman Rogers, seconded by Councilman Miranda, and unanimously voted.

Motion to approve for First Passage made by Councilman Harrington, seconded by Councilman Ramos, and unanimously passed on a roll call vote.

6. 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”, Article X entitled “Stopping, Standing and Parking” Subsec 18-312 entitled “Same–120 minutes” adding:

SUTTON AVENUE (both sides) from a point 195 feet east of MASSASOIT AVENUE to a point 330 feet east. (By Councilman Patrick A. Rogers)

Motion to dispense with the reading of the ordinance made by Councilman Rogers, seconded by Councilman Miranda, and unanimously voted.

Motion to approve for First Passage made by Councilman Harrington, seconded by Councilman Ramos, and unanimously passed on a roll call vote.

7. 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”,. Article X entitled “Stopping, Standing and Parking” Subsec 18-310 entitled “Same–30 minutes” deleting:

SUTTON AVENUE (north side) from a point 38 feet east of MASSASOIT AVENUE east for 480 feet from 8:00 A.M. to 6:00 P.M., except Sundays and holidays.

(By Councilman Patrick A. Rogers)

Motion to dispense with the reading of the ordinance made by Councilman Harrington, seconded by Councilman Rogers and unanimously voted.

Motion to approve for First Passage made by Councilman Harrington, seconded by Councilman Ramos, and unanimously passed on a roll call vote.

On motion of Councilman Miranda, seconded by Councilman and on a roll call vote, it is unanimously voted to go into Executive Session according to R.I.G.L. 46-45-5 for the discussion of the job performance of the Canvassing Clerk.

The meeting goes into Closed Session at 10:45p.m.

The meeting reconvenes in open session and adjourns at 10:50 p.m.

Attest:

___________________

Dana L. Toy

City Clerk

Approved: 12/21/04

CONSENT CALENDAR

COMMUNICATIONS

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

APPOINTMENTS

PUBLIC HEARINGS

PUBLIC HEARING

CITY MANAGER

REPORTS OF OTHER CITY OFFICIALS

INTRODUCTION OF ORDINANCES