March  15, 2012  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

 

No. 10 City Council Regular Meeting, Thursday, March 15, 2012, 7:00 o’clock P.M. (E.S.T.)

 

PRESIDING

 

COUNCIL PRESIDENT

MICHAEL A. SOLOMON

 

ROLL CALL

 

PRESENT:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN  PRINCIPE, SALVATORE, SANCHEZ and YURDIN – 13.

                           

ABSENT:              COUNCILMEN NARDUCCI and ZURIER – 2.

             

ALSO PRESENT:              Anna M. Stetson, City Clerk, Lori L. Hagen, Second Deputy City Clerk, Sheri A. Petronio, Assistant Clerk and Jeffrey Padwa, City Solicitor.

 

 

INVOCATION

 

              The Invocation is given by COUNCILMAN JOHN J. IGLIOZZI.

 

              “If we all could rise and take a moment to remember our loved ones, our family, our friends our constituents, people we have in our life today, people we had in our life in the past and a moment for our colleagues Councilman Luna and Councilman DeLuca and wishing him and his family well.”

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              COUNCILMAN KEVIN JACKSON Leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

 

 

APPROVAL OF RECORDS

 

              Journal of Proceedings No. 4 of the Special Meeting of the City Council held January 20, 2011; Journal of Proceedings No. 5 of the Regular Meeting of the City Council held February 3, 2011; Journal of Proceedings No. 6 of the Special Meeting of the City Council held February 3, 2011; Journal of Proceedings No. 2 of the Regular Meeting of the City Council held January 5, 2012; Journal of Proceedings No. 3 of the Special Meeting of the City Council held January 5, 2012 and Journal of Proceedings No. 4 of the Regular Meeting of the City Council held January 19, 2012, and posted on March 9, 2012 on that Bulletin board located on the ground level of City Hall, are approved, as printed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

 

ORDINANCES SECOND READING

 

The Following Ordinances were in City Council March 1, 2012, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance in Amendment of Chapter 27 of the Code of Ordinances of the City of Providence, Entitled: “The City of Providence Zoning Ordinance”, Approved June 27, 1994, As Amended, to change the Zoning Designation of 195 Union Avenue, also known as Assessor’s Lot 655 on Plat 104. 

 

              Read and Passed the Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN  PRINCIPE, SALVATORE, SANCHEZ and YURDIN – 13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN NARDUCCI and ZURIER – 2.

 

The Motion for Passage the Second Time is Sustained.

 

 

              An Ordinance Amending Chapter 3, “Advertising,” to add Section 3-6, Penalties.”  (Posting of Signs on Poles)

 

              Read and Passed the Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN  PRINCIPE, SALVATORE, SANCHEZ and YURDIN – 13.

 

NAYES:              NONE.

                           

ABSENT:              COUNCILMEN NARDUCCI and ZURIER – 2.

 

The Motion for Passage the Second Time is Sustained.

 

 

PRESENTATION OF ORDINANCE

 

COUNCILMAN YURDIN:

 

              An Ordinance Amending Article I, “In General,” of Chapter 23, “Streets, Sidewalks and Public Places”, by adding additional sections.

 

              COUNCIL PRESIDENT SOLOMON Refers the Ordinance to the Committee on Ordinances.

 

 

PRESENTATION OF RESOLUTIONS

 

COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER (By Request):

 

              Resolution Proclaiming April 24, 2011 as “Armenian Genocide Remembrance Day” to Commemorate the Armenian Genocide of 1915 to 1923 and to Honor Armenian-Americans.

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

 

COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER (By Request):

 

              Resolution Regarding a Tax Stabilization for the Providence Biltmore.

             

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

Resolution Authorizing the Use of Civic Center and Other Real Estate Sales Proceeds to be Devoted to Payment of Certain City Debt.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Committee on Finance.

 

              Resolution Requesting the Traffic Engineer to cause Thayer Street to become “One Way” in a southerly direction from Waterman Street to George Street.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Committee on Public Works.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7107 and Senate Bill 2012 – S 2629, “An Act Relating to Taxation – Refund Deduction for Waterfire.”

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7450, “An Act Relating to Towns and Cities – State Aid.” 

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7759 and Senate Bill 2012 – S 2228, “An Act Relating to Labor and Labor Relations – Employment Security.” 

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7915, “An Act Relating to Taxation – Property Subject to Taxation.” 

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7257, “An Act Relating to Financial Institutions – Small Loan Lenders.”

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of Senate Bill 2012 – S 2307, “An Act Relating to Financial Institutions – Small Loan Lenders.”

             

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of Senate Bill 2012 – S 2573, “An Act Relating to Criminal Offenses – Weapons.” 

 

COUNCILMAN APONTE REQUEST TO BE RECORDED AS VOTING “NO”.

 

              Resolution Endorsing and Urging Passage by the General Assembly of Senate Bill 2012 – S 2582, “An Act Relating to Criminal Offenses – Possession of Firearms by Minors.” 

 

COUNCILMAN YURDIN Moves to Dispense with the Reading of the foregoing matters and Moves Passage of the Several Resolutions, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage of the Several Resolutions is Sustained.

 

              Resolution Endorsing and Urging Passage by the General Assembly of Senate Bill 2012 – S 2659, “An Act Relating to Courts and Civil Procedure – The State False Claims”.

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

             

COUNCILMAN CORREIA (By Request):

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the tree stump located in front of 80 Erastus Street.             

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Requesting the Director of Inspections and Standards to cause the building located at 287 Manton Avenue to be razed due to the danger it poses to the community. 

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

              Resolution Requesting the Traffic Engineer to cause the replacement of the faded “No Parking Anytime” Sign located along Unit Street at Manton Avenue.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Committee on Public Works.

 

              Resolution Requesting the Director of Public Works to cause the repair of the catch basin in front of 16-18 Rockingham Street.

 

              Resolution Requesting the Director of Public Works to cause the dead-end portion of Cortez Street to be cleaned.

 

              Resolution Requesting the Director of Public Property to cause the removal of all graffiti along various streets located in the 6th Ward.

 

              Resolution Requesting the City Solicitor and the Director of Inspections Standards to take immediate action on the bank foreclosures due to their condition and effect they have on the surrounding properties located in the 6th Ward.

 

COUNCILMAN YURDIN Moves to Dispense with the Reading of the foregoing matters and Moves Passage of the Several Resolutions, seconded by COUNCILMAN JENNINGS.

             

 

COUNCILWOMAN MATOS:

 

              Resolution in Support of House Bill 2012- H 7399, Amending An Act Relating to Taxation, to Help Fund Economic Development in Municipally-Designated, State-Approved “Growth Centers.”

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Committee on Ordinances.

 

 

COUNCILMAN PRINCIPE (By Request):

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “Valet Parking” Sign in front of D’Vine Restaurant located at 145 Spruce Street.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Committee on Public Works.

 

 

COUNCILMAN PRINCIPE and COUNCIL PRESIDENT SOLOMON:

 

              Resolution Extending the Moratorium on Accepting and Hearing Applications for Full Entertainment Licenses in the Thirteenth Ward Until May 31, 2012.

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

COUNCILMAN YURDIN:

 

              Resolution Requesting to extend the deadline for the Open Providence Commission for Transparency and Accountability to June 30, 2012.

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              Resolution Urging the Environmental Protection Agency to Reduce Greenhouse Gas Emissions Under the Clean Air Act.

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

 

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, CHAIRMAN

 

              Transmits the Following with Recommendation the Same be Severally Adopted, As Amended:

 

              An Ordinance In Amendment of Section 17-189(1) (c) of the Code of Ordinances, Entitled: “Benefits Payable.”

 

              Read and Passed the First Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN  PRINCIPE, SALVATORE, SANCHEZ and YURDIN – 13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN NARDUCCI and ZURIER – 2.

 

The Motion for Passage the First Time is Sustained.

 

              An Ordinance Relative to a Tax Treaty for the Institute for the Study and Practice of Non-Violence.

 

              Read and Passed the First Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN  PRINCIPE, SALVATORE, SANCHEZ and YURDIN – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN IGLIOZZI, NARDUCCI and ZURIER – 3.

 

The Motion for Passage the First Time is Sustained.

 

 

COMMUNICATIONS AND REPORTS

 

              Communication from Council President Michael A. Solomon, dated March 9, 2012, informing the Honorable Members of the City Council that he is this day appointing Councilman Wilbur W. Jennings, Jr., to the Committee on City Property.

 

              COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

 

              Communication from Tomas A. Avila, Executive Secretary, Board of Canvassers, Informing the City Clerk that there are 66 qualified candidates listed on a petition filed in accordance with Section 411 of the Home Rule Charter requesting that a public hearing be held for the Committee on Ward Boundaries.

 

              COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

 

FROM THE CLERK’S DESK

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Coral Woodbury

Douglas Baer

Hilary L. Hursh

Andrew Stewart

Paul A. Lietar

Jennifer Wheaton

Douglas A. Baer

Karen R. Mitchell

Sam Abram

Victor Bertuglio

   (Gregory L. Boyer, Esquire)

Lisa L. Romano

Damian A. Travers

Alexandra Friedman

Pauline R. Coutu

Shelly Brown

   (Edward A. Shapira, Esquire)

Sarah F. Dagliere

 

COUNCIL PRESIDENT SOLOMON Refers the Several Petitions to the Committee on Claims and Pending Suits.

 

 

PRESENTATION OF RESOLUTIONS “IN CONGRATULATIONS”

 

              COUNCIL PRESIDENT SOLOMON and MEMBERS OF THE CITY COUNCIL:

 

              Resolution Extending Congratulations.               

          RESOLVED, That the Members of the City Council hereby extend their Sincere Congratulations to the following:

 

Terrell Osborne, in recognition of providing a positive environment for young people across the State of Rhode Island. 

 

Pastor Charles A. Berkley, Providence Assembly of God, in recognition of his hard work and dedicated service to the community.

 

Pastor Reuben Jones, Providence Assembly of God, in recognition of his hard work and dedicated service to youth in the community. 

 

The Honorable Francis J. Darigan, in recognition of being named Grand Marshall of the 2012 Providence St. Patrick’s Day Parade.

 

Sr. Ann Keefe, in recognition of being named Deputy Grand Marshall of the 2012 Providence St. Patrick’s Day Parade.

 

Thomas Glavin, in recognition of being named the Community Honoree of the 2012 Providence St. Patrick’s Day Parade.

 

Alexia Teixeira, in recognition of her exemplary leadership, helping to assist a fellow student and advocating on her behalf.

 

Richard Vaughan, Coaches and Members of Providence Packers Youth Football & Cheerleading Teams, in recognition of their successful season, dedicated work ethic and commitment to their team. 

 

Robert “Bob” Miles, Jr., in recognition of his commitment and dedication to the Lts. Armstrong-Gladding Post #69.

 

Severally Read and Collectively Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

 

PRESENTATION OF RESOLUTIONS “IN MEMORIAM”

 

              COUNCIL PRESIDENT SOLOMON and MEMBERS OF THE CITY COUNCIL:

 

              Resolution Extending Sympathy.                

              RESOLVED, That the Members of the City Council hereby extend their Sincere Sympathy to the families of the following:

Barbara Pisano

Melissa M. Kaskel

Evelyn M. Williams

Severally Read and Collectively Passed, by a Unanimous Rising Vote, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS.

 

              The Motion for Passage is Sustained.

 

 

MATTER NOT APPEARING  ON THE PRINTED DOCKET

 

              On Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, it is voted to Suspend Rule 16-B of the City Council Rules in order to allow the introduction of the following Matter Not Appearing on the Printed Docket.

 

 

COMMUNICATION 

 

              Communication from Christine P. Mullins, Assistant to the City Solicitor, dated March 12, 2012, submitting the Purchase and Sales Agreement between the City of Providence and the Sofia Academy, regarding property located at 582 Elmwood Avenue (Plat 52, Lots 22, 100 & 369).

 

              COUNCIL PRESIDENT SOLOMON Refers the Communication to the Committee on City Property.

 

             

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN JENNINGS, it is voted to adjourn at 7:30 o’clock P.M. (E.S.T.), to meet again TUESDAY, MARCH 20, 2012 at 5:00 o’clock P.M. (E.S.T.)

 

 

 

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