October 18, 2012  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 38 City Council Regular Meeting, Thursday, October 18, 2012, 7:00 o’clock P.M. (E.D.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 NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER – 15.

                           

ABSENT:              NONE.

                           

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 COUNCILWOMAN CARMEN CASTILLO.

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

COUNCILMAN MICHAEL J. CORREIA Leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

 

 

ORDINANCES SECOND READING

 

              The Following Ordinances were in City Council October 4, 2012, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance making an Appropriation of Sixty Five Million Nine Hundred Ninety Nine Thousand Six Hundred Fifty Two Dollars ($65,999,652) for the support of the Providence Water Supply Board for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance making an Appropriation of Two Million Three Hundred Fifty Two Thousand Three Hundred Forty Two Dollars ($2,352,342) for the Water Supply Board Water Quality Protection Fund for the Fiscal Year June 30, 2013. 

 

An Ordinance Making an Appropriation of Thirty Two Million One Hundred Sixty Three Thousand Four Hundred Twenty Two Dollars ($32,163,422) for the Water Supply Board Infrastructure Replacement Program Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Nine Million Two Hundred Fifty Five Thousand Eight Hundred Thirty Five Dollars ($9,255,835) for the Water Supply Board Capital Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Four Million Seven Hundred Forty Five Thousand Six Hundred Seventy Seven Dollars ($4,745,677) for the Water Supply Board Insurance Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Three Million Two Hundred Sixty Four Thousand Nine Hundred Forty Three Dollars ($3,264,943) for the Water Supply Board Meter Replacement Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Four Million One Hundred Seventy Four Thousand Four Hundred Six Dollars ($4,174,406) for the Water Supply Board Revenue Reserve Fund for Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of One Million Seven Hundred Ninety Nine Thousand Eight Hundred Thirty Seven Dollars ($1,799,837) for the Water Supply Board Equipment Replacement Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Four Hundred Thirty Eight Thousand Eight Hundred Fifty Three Dollars ($438,853) for the Water Supply Board Property Tax Refund Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of One Million Six Hundred Thirty Nine Thousand One Hundred Twenty One Dollars ($1,639,121) for the Water Supply Board Western Cranston Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of Four Million Six Hundred Thirty Three Thousand Four Hundred Thirty Two Dollars ($4,633,432) for the Water Supply Board Chemical and Sludge Fund for Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Making an Appropriation of One Hundred Ninety One Thousand Seven Hundred Seventy Six Dollars ($191,776) for the Water Supply Board Scituate Watershed Protection Fund for the Fiscal Year Ending June 30, 2013. 

 

              An Ordinance Establishing a Compensation Plan for the Water Supply Board and Repealing Ordinance Chapter 2012-1, Approved January 9, 2012, and Chapter 2012-22, Approved May 5, 2012. 

 

              An Ordinance Establishing the Classes of Positions, the Maximum Number of Employees and the Number of Employees in Certain Classes in the Water Supply Board and Repealing Ordinance Chapter 2012-2, Approved January 9, 2012, and Chapter 2012-23, Approved May 5, 2012. 

 

COUNCILMAN YURDIN Moves to Dispense with the Reading of the foregoing matters and Moves Passage of the Several Ordinances the Second Time, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER – 15.

 

NAYES:              NONE.

                           

ABSENT:              NONE.

 

The Motion for Passage of the Several Ordinances the Second Time is Sustained.

 

 

PRESENTATION OF ORDINANCE

 

              COUNCILMAN ZURIER:

 

              An Ordinance in Amendment of Article X of the Code of Ordinances, Entitled: “Property Tax Classification for the City.”

 

              COUNCIL PRESIDENT SOLOMON Refers the Ordinance to the Special Committee on Ways and Means.

 

 

PRESENTATION OF RESOLUTIONS

 

              COUNCIL PRESIDENT SOLOMON (By Request):

 

              Resolution Authorizing Approval of the following sole source contract awards by the Board of Contract and Supply, in accordance with Section

21-26 of the Code of Ordinances.

 

Adamson Industries, Corporation              $11,400.00

Datalux Corporation                                          $62,316.00

Narragansett Improvement                                $37,990.00

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Special Committee on Ways and Means.

 

              Resolution Authorizing Approval of the following sole source contract awards by the Board of Contract and Supply, in accordance with Section

21-26 of the Code of Ordinances.

 

City Year                                                        $1,200,000.00

RI Student Assistance Services                            $   317,372.00

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Special Committee on Education.

 

              COUNCILMAN SANCHEZ:

 

              Resolution Authorizing the City of Providence to enter into a lease agreement with South Side Community Land Trust, 109 Somerset Street, Providence, Rhode Island 02907, for an initial period not to exceed five years, for 10 Alphonso Street, for the purpose of creating new opportunities for urban farming in the City of Providence and to combat blighted properties and increase the production, distribution, sale and consumption of locally grown food.

 

              COUNCILMAN YURDIN Moves to Amend the Resolution by changing the address of the property to read 66 Tanner Street, seconded by COUNCILMAN NARDUCCI.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Special Committee on Ways and Means.

 

 

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

 

              Resolution Opposing the conversion of the city’s public schools to “in-district” charter schools unless and until those schools can retain neighborhood identity following the conversion.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Special Committee on Education.

 

 

REPORTS FROM COMMITTEES

 

COMMITTEE ON PUBLIC WORKS

COUNCILMAN TERRENCE M. HASSETT, Chairman

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Resolution Requesting an easement to modify the steps located at 63 Kossuth Street.

 

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

 

               The Motion for Passage is Sustained.

 

 

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

 

              COUNCILMAN YURDIN Moves to Lay the Resolution on the Table, seconded by COUNCILMAN NARDUCCI.

 

 

              Resolution Requesting the Acting Traffic Engineer to cause the installation  of a “10 Minute Parking Limit” Sign at ABD Mart located at Mount Pleasant Avenue and Chalkstone Avenue. 

 

              Resolution Requesting the Acting Traffic Engineer to cause the installation of a “Dead End” Sign at Manton Court.

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “Handicap” Sign located in front of 40 Leah Street. 

 

              Resolution Requesting the Traffic Engineer to cause the installation of “25 MPH Speed Limit” Signs along Edgemere Avenue.

             

              Resolution Requesting the Traffic Engineer to cause the installation of “Slow Children” Signs along Edgemere Avenue.

 

              Resolution Requesting the Traffic Engineer to cause the installation of “Four-Way Stop” Signs at the intersection of Priscilla Avenue and Clarence Street.

                           

              Resolution Requesting the Traffic Engineer to cause the installation of “Four-Way Stop” Signs at the intersection of Priscilla Avenue and Dora Street.

 

              Resolution Requesting the Traffic Engineer to cause the installation of “Four-Way Stop” Signs at the intersection of Wallace Street and Whitehall Street.

 

              Resolution Requesting the Traffic Engineer to cause the installation of traffic signage along Sherwood Street.

 

              Resolution Requesting the Traffic Engineer to cause the installation of ADA (Americans with Disability Act) signage in front of 53 Meridian Street.

 

              Resolution Requesting the Traffic Engineer to cause the implementation of a “Two-Way” traffic study along O’Neil Street.

 

              Resolution Requesting the Traffic Engineer to cause the implementation of a traffic study along Enfield Avenue.

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “Handicap” Sign located in front of 62 Osborn Street.

             

              Resolution Requesting the Traffic Engineer to cause the implementation of  a traffic study within the proximity of Douglas Avenue at Filmore Street within the immediate vicinity of Times Square Academy and report such findings to the Committee on Public Works in an effort to address serious changes in the traffic pattern that has occurred.

 

              Resolution Requesting the Acting Director of Public Works to cause the installation of a curb cut in front of the front door at Center Place located at 50 Park Row West.

 

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

 

              The Motion for Passage of the Several Resolutions is Sustained.

 

              Communication from Nate D. Urso, Deputy City Engineer, dated February 13, 2012, submitting the Construction and Maintenance Agreement for Randall Street Bridge NO. 974.

 

              COUNCILMAN YURDIN Moves to Receive and Approve the foregoing Communication, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN IGLIOZZI ABSTAINS from voting on the foregoing matter.

 

              Communication from Nate D. Urso, Deputy City Engineer, Department of Public Works, submitting the Construction and Maintenance Agreement for Dean Street, Cahir Street and Stewart Street Lighting Improvements. 

 

              COUNCILMAN YURDIN Moves to Receive and Approve the foregoing Communication, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN IGLIOZZI Abstains from voting on foregoing matter.

 

              Communication from Susan M. Howe, Real Estate Specialist, Department of Transportation, requesting the condemnation of Plat 2722, Parcel 2A for the replacement of the Providence Viaduct Bridge #578.

 

              COUNCILMAN YURDIN Moves to Receive and Approve the foregoing Communication, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN IGLIOZZI and COUNCILWOMAN MATOS Abstain from voting on foregoing matter.

 

 

SPECIAL COMMITTEE ON WAYS AND MEANS

COUNCILMAN DAVID SALVATORE, Chairman

 

              Transmits the Following with Recommendation the Same be Approved:

 

              Resolution Requesting the Tax Assessor to apply the Homestead Exemptions to various properties as listed.

 

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

 

               The Motion for Passage is Sustained.

 

COUNCILMAN IGLIOZZI Abstains from voting on foregoing matter.

 

 

COMMITTEE ON ORDINANCES

COUNCILMAN SETH YURDIN, Chairman

 

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

 

              An Ordinance Amending Chapter 2011-11, No. 200, relative to Lobbyist Registration. 

 

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

 

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

 

NAYES:              COUNCILWOMEN CASTILLO and MATOS – 2.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              NONE.

 

The Motion for Passage the First Time, is Sustained.

 

 

              An Ordinance Amending Chapter 13, Section 190 of the Code of Ordinances, “Sanitary Lawn Maintenance.” 

 

Read and Passed the First Time, on Motion of COUNCILMAN APONTE, 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 NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER – 15.

 

NAYES:              NONE.

 

ABSENT:              NONE.

 

The Motion for Passage the First Time, is Sustained.

 

 

An Ordinance Amending Chapter 2011-11, No. 200, relative to Lobbyist Registration. 

 

COUNCILMAN JACKSON Moves to Reconsider item number forty three, seconded by COUNCILMAN APONTE, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER – 14.

 

NAYES:              COUNCILWOMAN MATOS – 1.

 

ABSENT:              NONE.

 

The Motion Reconsider is Sustained.

 

 

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

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, NARDUCCI, PRINCIPE, SALVATORE, SANCHEZ, YURDIN and ZURIER – 14.

 

NAYES:              COUNCILWOMAN MATOS – 1.

 

ABSENT:              NONE.

 

The Motion for Passage the First Time, is Sustained.

 

 

COUNCILWOMAN MATOS Moves to Reconsider item number forty two, seconded by COUNCILLMAN APONTE.

 

COUNCILWOMAN MATOS Moves to Withdraws her motion to Reconsider item number forty two and COUNCILMAN APONTE Withdraws his second of the motion.

 

 

COMMUNICATIONS AND REPORTS

 

              Reports of Board of Park Commissioners relative to receipts of certain gifts of moneys for the preservation and care of special burial lots in North Burial Ground.

 

              COUNCILMAN YURDIN Moves to Receive and Approve the foregoing Communication, seconded by COUNCILMAN NARDUCCI.

 

 

FROM THE CLERK’S DESK

 

              Petition from John J. Garrahy, Moses Afonso Ryan, submitting the Weybosset Hill Investment, LLC petition to amend the Code of Ordinances, by adding the overlay zoning designation (I-3) on the lot identified as Lot 6 206 on Plat 24.

 

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

 

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Government Employees Insurance Company

   a/s/o David Woodward

   (Lynda L. Laing, Esquire)

David E. Martinelli

Robert P. Verri

Yves Jean

Travelers a/s/o Thomas Santos

Ophelia Salinas p.p.a. Rosa

   Saldarriaga and Ophelia Salinas

   (Mark B. Morse, Esquire)

Peggy A. Edwards

James Malloy

Arlene Robitaille

   (Christopher E. Fay, Esquire)

Roxanne Adams

   (Jennifer Sylvia, Esquire)

Alexandra Fernandez

   (Robert P. Verri, Esquire)

Ingenix Subrogation Services

   a/s/o United Healthcare/State of

   Rhode Island/Tracey L. Croce

 

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:

 

Louis Fazzano, in recognition of being the recipient of The Providence Plan’s 2012 Fred Lippitt Award.

 

Joyce Butler, Director, Ready To Learn, in recognition of being the recipient of The Providence Plan’s 2012 Tom Anton Award.

 

Nzinga Misgana, New Rots, in recognition of being the recipient of The Providence Plan’s 2012 Tom Anton Award.

 

Channavy Chhay, Executive Director, Socio-Economic Development Center for Southeast Asians, in recognition of being the recipient of The Providence Plan’s 2012 Program Award.

 

Michael Sabitoni, President, Rhode Island Building & Construction Trades Council, in recognition of being the recipient of The Providence Plan’s 2012 Program Award.

 

Frank Shea, Executive Director, Olneyville Housing Corporation, in recognition of being the recipient of The Providence Plan’s 2012 Program Award.

 

Peter Simon, Medical Director, Division of Community, Family Health & Equity, Rhode Island Department of Health, in recognition of being the recipient of The Providence Plan’s 2012 Program Award.

 

Ready To Learn Providence AmeriCorps Members, in recognition of being the recipient of The Providence Plan’s 2012 Program Award.

 

 

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

 

              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:

Eileen McGovern

Andrew J. Bobola

Angelo N. Neri

Alys McKivergan Jacques

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

 

              The Motion for Passage is Sustained.

 

MATTER NOT APPEARING ON THE PRINTED DOCKET

 

On motion of COUNCILMAN YURDIN seconded by COUNCILMAN NARDUDCI, it is voted to Suspend Rule 16(b) of the Rules of the City Council in order to allow the introduction of the following Matter Not Appearing on the Printed Docket.

 

COMMUNICATION AND REPORTS

 

              COUNCIL PRESIDENT SOLOMON (By Request):

 

              Memorandum of Agreement by and between the City of Providence and Rhode Island School of Design.

 

              COUNCIL PRESIDENT SOLOMON Refers the Ordinance to the Special Committee on Ways and Means.

 

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, it is voted to adjourn at 7:40 o’clock P.M. (E.D.T.), to meet again THURSDAY, NOVEMBER 1, 2012 at 7:00 o’clock P.M. (E.D.T.)

 

 

 

C:\Content\Providence-ri\images\stetson_sig.jpg