December 18, 2003  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 31 City Council Regular Meeting, Thursday, December 18, 2003, 7:30 o’clock P.M. (E.S.T.)

 

PRESIDING

 

COUNCIL PRESIDENT

JOHN J. LOMBARDI

 

 

ROLL CALL

 

PRESENT:                 COUNCIL PRESIDENT LOMBARDI, COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMAN WILLIAMS and YOUNG – 15.

 

ABSENT:              NONE.

             

ALSO PRESENT:              Joseph Fernandez, City Solicitor, Michael R. Clement, City Clerk, Claire E. Bestwick, First Deputy City Clerk and Sheri A. Petronio, Assistant Clerk.

 

 

INVOCATION

 

The Invocation is given by COUNCILMAN JOHN J. IGLIOZZI.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              COUNCILWOMAN RITA M. WILLIAMS leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

 

 

APPOINTMENT FROM HIS HONOR THE MAYOR

 

              Communication dated December 10, 2003, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 605 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Vincent J. Berarducci of 24 Waite Street, Providence, Rhode Island 02908, as City Sergeant, and respectfully submits the same for your approval.

 

              COUNCIL PRESIDENT LOMBARDI Receives and Refers the foregoing Communication to the Committee on Finance.

 

 

APPOINTMENT BY THE PRESIDENT OF THE CITY COUNCIL

 

              Communication dated December 5, 2003, Informing the City Clerk of his appointments of Councilwoman Balbina A. Young as the Council President’s designee and Councilman Miguel C. Luna as the City Council Member, to the “Commission to Study and Recommend the Re-Design of the Departments of City Clerk, City Council and Internal Auditor.

 

              Received.

 

COUNCIL PRESIDENT LOMBARDI Receives the foregoing Communication

 

 

ORDINANCE SECOND READING

 

              The Following Ordinance was in City Council November 6, 2003, Read and Passed the First Time and in City Council November 20, 2003 and Referred Back to the Committee on Ordinances and is Returned for Passage the Second Time:

 

              An Ordinance Authorizing the Creating of a Class “N” Retail Liquor License.

 

              Read and Passed the Second Time, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT LOMBARDI, COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMAN WILLIAMS and YOUNG – 15.

 

NAYES:              NONE.

 

ABSENT:              NONE.

 

              The Motion for Passage the Second Time is Sustained.

 

 

PRESENTATION OF ORDINANCE

 

COUNCILMAN BUTLER, COUNCIL PRESIDENT LOMBARDI, COUNCILMEN APONTE, DELUCA, HASSETT, JACKSON, LUNA, SEGAL, COUCNILWOMEN WILLIAMS AND YOUNG.

 

              An Ordinance Related to Prompt Payment of Snow Removal Contractors.

 

              COUNCIL PRESIDENT LOMBARDI Refers the Ordinance to the Committee on Finance.

 

 

PRESENTATION OF RESOLUTIONS

 

COUNCIL PRESIDENT LOMBARDI, COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, SEGAL, COUCNILWOMEN WILLIAMS AND YOUNG.

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilwoman Carol A. Romano on December 25, 2003.

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS.

 

              The Motion for Passage is Sustained.

 

COUNCIL PRESIDENT PRO-TEMPORE YOUNG

IN THE CHAIR

 

              COUNCIL PRESIDENT LOMBARDI:

 

Resolution Requesting the General Assembly of the State of Rhode Island to Pass Legislation Regulating the Sale and Use of Mobile Infrared Transmitters.

 

              ACTING COUNCIL PRESIDENT YOUNG Refers the Resolution to the Committee on State Legislation.

 

COUNCIL PRESIDENT LOMBADI
RETURNS TO THE CHAIR

 

              COUNCILMAN HASSETT:

 

Resolution Requesting the Traffic Engineer to cause the installation of a street sign for Nolan Street at the intersection of Nolan Street and Bernon Street.

 

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

             

Resolution Requesting the Traffic Engineer to cause the installation of “No Parking Anytime” Signs along the westerly side of Common Street from Holden Street to Smith Street.

 

Resolution Requesting the Traffic Engineer to cause the installation of street signs for Higgins Avenue at the intersection of Higgins Avenue and Oakland Avenue and at Higgins Avenue and Garfield Avenue.

 

              COUNCILMAN APONTE Moves to Dispense with the Reading of the foregoing matters.

 

              COUNCIL PRESIDENT LOMBARDI Refers the Several Resolutions to the Committee on Public Works

 

 

              COUNCILMAN LUNA (By Request):

 

Resolution in Support of a Labor Contract for Members of the Providence Newspaper Guild.

 

              COUNCILMAN APONTE Moves to Expunge the foregoing Resolution, seconded by COUNCILWOMAN WILLIAMS.

             

 

              COUNCILMAN WILLIAMS (By Request):

 

Resolution Requesting the Traffic Engineer to cause the installation of a “No Parking 9:00 P.M. to 7:00 A.M.” Sign on the North Side of Hidden Street between Prospect Street and Congdon Street.

 

Resolution Requesting the Traffic Engineer to cause the installation of “No Parking” Signs on the South Side of Hidden Street between Prospect Street and Congdon Street..

 

Resolution Requesting the Traffic Engineer to cause the installation of “No Parking” Signs on the South Side of Hidden Street between Prospect Street and Brown Street..

 

COUNCILMAN APONTE Moves to Dispense with the Reading of the foregoing matters.

 

              COUNCIL PRESIDENT LOMBARDI Refers the Several Resolutions to the Committee on Public Works

 

 

Resolution Requesting the Traffic Engineer to cause the installation of “No Parking” Signs on the North Side of Elton Street between Blackstone Avenue and Humboldt Avenue.

 

              COUNCILWOMAN WILLIAMS Moves to Amend the Resolution to read “Blackstone Boulevard” rather then “Blackstone Avenue”, seconded by COUNCILMAN BUTLER.

 

              COUNCILWOMAN WILLIAMS Moves Passage of the foregoing Resolution, seconded by COUNCILMAN DELUCA, As Amended.

 

              COUNCILWOMAN WILLIAMS Withdraws her motion for Passage of the foregoing matter and COUNCILMAN BUTLER Withdraws his second of the motion.

 

COUNCIL PRESIDENT LOMBARDI Refers the foregoing Resolution to the Committee on Public Works, As Amended.

 

Resolution Requesting the Traffic Engineer to cause the installation of a “Slow Curve” Sign on River Road between the Henderson Bridge and Richmond Square.

 

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

 

             

COUCNILWOMAN YOUNG, COUNCIL PRESIDENT LOMBARDI, COUNCILMEN APONTE, HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI and SEGAL:

 

Resolution Urging the Hotel Employees and Restaurant Employees International Union Local 217 and the Biltmore Hotel Management to settle with a fair and equitable contract.

 

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

 

REPORTS FROM COMMITTEES

 

COMMITTEE ON PUBLIC WORKS

COUNCILMAN TERRENCE M. HASSETT, Chairman

 

              Transmits the Following with Recommendation the Same be Approved:

 

              Resolution Granting an easement in connection with the construction by the undersigned ramp Plat 20, Lot 1 providing handicapped access to the property located at 15 Westminster Street.

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS, by the Following Roll Call Vote:

 

AYES:                 COUNCIL PRESIDENT LOMBARDI COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMAN WILLIAMS and YOUNG – 15.

 

NAYES:              NONE.

 

ABSENT:              NONE.

 

The Motion for Passage is Sustained.

 

 

Transmits the Following with Recommendation the Same be Approved:

 

              Resolution Requesting the Traffic Engineer to cause the installation of “No Parking Anytime (either side)” Signs on Buell Court.

 

COUNCILMAN APONTE Moves to Deny the foregoing Resolution, seconded by COUNCILWOMAN WILLIAMS.

 

The Motion to Deny is Sustained.

 

 

COMMITTEE ON FINANCE

COUNCILMAN KEVIN JACKSON, Chairman

 

Transmits the Following with Recommendation the Same be Severally Adopted:

             

              An Ordinance Relative to a Tax Stabilization for 17-21 Gordon Avenue.

 

COUNCILMAN APONTE Moves Passage of the foregoing Ordinance, seconded by COUNCILWOMAN WILLIAMS.

 

COUNCILMAN APONTE Moves to Amend the Ordinance by changing the schedule of payments due to an error made in the schedule of collection of taxes, this amendment clarifies and corrects the Tax Stabilization, seconded by COUNCILWOMAN WILLIAMS.

 

COUNCILMAN APONTE Moves Passage of the Ordinance for the First Time, As Amended, seconded by COUNCILWOMAN WILLIAMS, by the Following Roll Call Vote:

 

AYES:                 COUNCIL PRESIDENT LOMBARDI COUNCILMEN APONTE, BUTLER, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMAN WILLIAMS and YOUNG – 13.

 

NAYES:              COUNCILMAN DELUCA – 1.

 

NOT VOTING:              COUNCILMAN ALLEN – 1.

 

ABSENT:              NONE:

 

The Motion for Passage the First Time, As Amended, is Sustained.

 

 

An Ordinance Granting a Tax Exemption and Establishing a Tax Stabilization Plan for Capitol Hill Properties, LLC on Behalf of Assessor’s Plat 19, Lot 102.

 

              Read and Passed the First Time, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS, by the following Roll Call Vote:

 

AYES:                 COUNCIL PRESIDENT LOMBARDI COUNCILMEN APONTE, BUTLER, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, MANCINI, COUNCILWOMEN ROMANO, WILLIAMS and YOUNG – 11.

 

NAYES:              COUNCILMAN ALLEN and COUNCILMAN DELUCA – 2.

 

NOT VOTING:              COUNCILMAN LUNA and COUNCILMAN SEGAL – 2.

 

The Motion for Passage the First Time is Sustained.

 

 

ACTING COUNCIL PRESIDENT PRO TEMPORE

IN THE CHAIR

 

COMMITTEE ON ORDINANCES

COUNCILWOMAN RITA M. WILLIAMS, Chairwoman

 

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

 

An Ordinance requiring the purchase of fuel efficient vehicles, As Amended.

 

              COUNCILMAN APONTE Moves Passage of the foregoing Ordinance, seconded by COUNCILWOMAN WILLIAMS.

 

              COUNCILMAN SEGAL Moves to Amend the Ordinance by “adding” “Whereas, Air quality in Providence is a cause for major concern.  The air in our city contains unacceptably high levels of smog and soot, air toxics and global warming pollution.  The air Providence residents breathe every day dose not meet minimum federal standards for air quality.  Smog and soot put the health of our children and senior citizens at risk.  Smog leads to the formation of ground level ozone, which triggers asthma attacks and has been linked to new cases of adult asthma.  According to the American Lung Association of Rhode Island, over 100,000 Rhode Islanders suffer from asthma, including 10,000 Providence residents.  Whereas, Exposure to air toxics, like benzene, can lead to the development of cancers like leukemia.  The air in Providence County has benzene levels that are eleven times higher than the accepted cancer risk.  Meanwhile global warming pollution is creating hotter summers and creating more extreme weather patterns.  Whereas, the frequency of air alert days in Rhode Island is on the upswing.  On these days seniors, children and even active adults are warned to avoid outdoor exertion because the air may be dangerous to their health.  Asthma remains the number one inpatient, outpatient and emergency room diagnosis in pediatrics, and inhalers have become as common as lunchboxes in schools throughout our state.   Whereas, Cars and trucks in Rhode Island emit 40% of the smog forming nitrogen and 36% of the hazardous air toxics found in our stat’s air.  The average car on the road today will spew 50 tons of carbon dioxide, the leading cause of global warming into our air.  In order to have healthier air in Providence, we must clean up our cars.  Whereas, Providence should lead the way in reducing automobile pollution by adopting a fuel-efficient vehicle procurement policy, which will reduce the amount of pollution created by the city fleet.  Massachusetts, New York and other New England states have already implemented such programs and are beginning to see the benefit”.  Section 1, “Among the most fuel-efficient vehicles, a preference shall be given for vehicle with more than 65% of their value from domestic production and for vehicles made in the U.S. unionized factories”, seconded by COUNCILWOMAN WILLIAMS.

 

              COUNCILMAN APONTE Moves Passage of the Ordinance for the First Time, As Amended, seconded by COUNCILWOMAN WILLIAMS, by the Following Roll Call Vote:

 

AYES:                 COUNCIL PRESIDENT LOMBARDI, COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMEN WILLIAMS and YOUNG – 15.

 

NAYES:              NONE.

 

ABSENT:              NONE.

 

The Motion for Passage the First Time, As Amended is Sustained.

 

 

COUNCIL PRESIDENT LOMBARDI

RETURNS TO THE CHAIR

 

             

Transmits the Following with Recommendation the Same be Severally Adopted:

 

An Ordinance in Amendment of Chapter 27 of the Ordinances of the City of Providence Entitled: “The City of Providence Zoning Ordinance”, Approved June 27, 1994, As Amended, by Amending Providence Zoning District Map Number 111 of the Official Zoning Map by changing the Zoning District Designation of Lot 82 at 94 Killingly Street from PS, Public Space District to R-1, One Family District.

 

An Ordinance Amending the City of Providence Zoning Ordinance Chapter 1994-24, No. 365, Approved June 27, 1994, As Amended. (Douglas Avenue – Sticky Fingers).

 

An Ordinance Amending Section 13-44 of the Code of Ordinances Entitled: “Reinspections by Director.”

 

 

              COUNCILMAN APONTE Moves to Dispense with the Reading of the foregoing matters and Moves Passages for the First Time of the Several Ordinances, seconded by COUNCILWOMAN WILLIAMS, by the Following Roll Call Vote:

 

AYES:                 COUNCIL PRESIDENT LOMBARDI, COUNCILMEN ALLEN, APONTE, BUTLER, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, MANCINI, COUNCILWOMAN ROMANO, COUNCILMAN SEGAL, COUNCILWOMEN WILLIAMS and YOUNG – 15.

 

NAYES:              NONE.

 

ABSENT:              NONE.

 

The Motion for Passage the First Time is Sustained.

 

 

Transmits the Following with Recommendation the Same be Approved:

 

Resolution in Opposition to the USA Patriot Act.

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS.

 

              The Motion for Passage is Sustained.

 

 

COMMITTEE ON URBAN REDEVELOPMENT, RENEWAL AND PLANNING

COUNCILWOMAN BALBINA A. YOUNG, Chairwoman

 

              Transmits the Following with Recommendation the Same Approved:

 

              Resolution Requesting that section of West Park Street from that point at Bath Street to that point of the dead end to be re-named “Selwyn Way.”

 

Read and Passed on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS.

 

The Motion for Passage is Sustained.

 

 

COMMUNICATIONS AND REPORTS

 

              Communication dated December 1, 2003, from Melvin Hershkowitz, M.D. submitting his resignation from the Retirement Board of the Employees’ Retirement System, effective December 31, 2003.

 

              Communication dated December 2, 2003, from Alex Prignano, Director of Finance, submitting budget reports through the month of October.

 

COUNCILMAN APONTE Moves to Dispense with the Reading of the foregoing matters.

 

              COUNCIL PRESIDENT LOMBARDI Receives the foregoing Communication.

 

Communication dated December 4, 2003, from Alex Prignano, Director of Finance, submitting the Capital Improvement Program for the period FY2004-2008.

 

 

              COUNCIL PRESIDENT LOMBARDI Refers the Communication to the Committee on Finance.

 

Communication dated December 4, 2003, from Amintha K. Cinotti, Deputy Director, Department of Planning and Development, submitting the City’s Consolidated Annual Planning and Evaluation Report (CAPER), for the HUD Consolidated Programs.

 

              COUNCIL PRESIDENT LOMBARDI Receives the foregoing Communication.

 

Communication dated December 11, 2003, from Alan R. Sepe, Acting Director, Department of Public Property, requesting permission to allow TMobile and Verizon Wireless to lease space on Mount Pleasant High School for the installation of antennas for cellular phone service.

 

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

 

FROM THE CLERK'S DESK

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Joyce C. Brown

    (John S. Coughlin, Esquire)

Nurys A. Cartagena

    (G. Eben Milne, Esquire)

Marilyn Georgantis-Wilbur

C. Pezza & Sons, Inc.

    (Thomas C. Plunkett, Esquire)

Karen McAninch

Fred & Laurie Marshall

Floodwaters Entertainment

Vernon W. Knott

Kimly Sao

 

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

 

 

PRESENTATION OF RESOLUTIONS "IN CONGRATULATIONS"

 

COUNCIL PRESIDENT LOMBARDI and the MEMBERS of the CITY COUNCIL:

 

              Resolutions Extending Congratulations.

             

              Severally Read and Collectively Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS.

 

              The Motion for Passage is Sustained.

 

 

PRESENTATION OF RESOLUTIONS "IN MEMORIAM"

 

COUNCIL PRESIDENT LOMBARDI and the MEMBERS of the CITY COUNCIL:

 

              Resolutions Extending Sympathy.

 

              Severally Read and Collectively Passed, by a Unanimous Rising Vote, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS.

 

              The Motion for Passage is Sustained.

 

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN APONTE, seconded by COUNCILWOMAN WILLIAMS, it is voted to adjourn the meeting at 8:20 o’clock P.M. (E.S.T.)

 

 

 

                                                                                    MICHAEL R. CLEMENT

                                                                                    CITY CLERK