April 19, 2012  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

 

No. 15 City Council Regular Meeting, Thursday, April 19, 2012, 7:00 o’clock P.M. (E.D.T.)

 

PRESIDING

 

COUNCIL PRESIDENT PRO TEMPORE

TERRENCE M. HASSETT

 

ROLL CALL

 

PRESENT:              COUNCIL PRESIDENT PRO TEMPORE HASSETT, COUNCILMAN APONTE, CORREIA, IGLIOZZI,  JACKSON, JENNINGS, PRINCIPE, SALVATORE, YURDIN and ZURIER – 10.

                           

ABSENT:              COUNCIL PRESIDENT SOLOMON, COUNCILWOMAN CASTILLO, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and COUNCILMAN SANCHEZ – 5.

             

ALSO PRESENT:              Lori L. Hagen, Second Deputy City Clerk, Sheri A. Petronio, Assistant Clerk and Adrienne G. South, Deputy City Solicitor.

 

 

INVOCATION

 

              The Invocation is given by COUNCILMAN WILBUR W. JENNINGS, JR.

             

              “Dear Lord, would you please oversee the residents of the City of Providence and members of the City Council.  Help us do the right thing and make the right decisions.  We’re facing some tough times in the city.  Also, Dear Lord please bless the family of Sergeant Maxwell Dorley.  Amen.”

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

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

 

 

PRESENTATION OF ORDINANCE

 

COUNCILMAN YURDIN:

 

              An Ordinance Amending Chapter 11, Entitled: “Harbor and Port.”

 

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

 

AYES:              COUNCIL PRESIDENT PRO TEMPORE HASSETT, COUNCILMAN APONTE, CORREIA, IGLIOZZI,  JACKSON, JENNINGS, PRINCIPE, SALVATORE, YURDIN and ZURIER – 10.

 

NAYES:              NONE.

                           

ABSENT:              COUNCIL PRESIDENT SOLOMON,  COUNCILWOMAN CASTILLO, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and COUNCILMAN SANCHEZ – 5.

 

The Motion for Passage the First Time is Sustained.

 

PRESENTATION OF RESOLUTIONS

 

              COUNCIL PRESIDENT SOLOMON (By Request):

 

              Resolution Requesting National Grid to cause the installation of a new pole at 7½ Fields Point Drive.

 

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

 

               The Motion for Passage is Sustained.

 

              Resolution Amending Resolution No. 601, Effective December 12, 2011, Requesting the Tax Assessor to apply the Homestead Exemption to the property located on Assessor’s Plat 122, Lot 382 (69 Modena Avenue), for the years 2008 and 2009 retroactively.

 

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

 

               The Motion for Passage is Sustained.

 

              COUNCILMAN ZURIER Requests to be recorded at voting “No”

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8008 and Senate Bill 2012 – S 2823, An Act Relating to Education – School Committees and Superintendents – School District Accounting Compliance.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8010 and Senate Bill 2012 – S 2824, An Act Relating to Towns and Cities.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8011 and Senate Bill 2012 – S 2828, An Act Relating to Towns and Cities – Accidental Disability Allowance.

 

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

 

              The Motion for Passage of the Several Resolutions is Sustained.

 

              Resolution Requesting that 15 LaSalle Square be re-named “One Hasbro Way.”

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Resolution to the Committee on Urban Redevelopment, Renewal and Planning.

 

COUNCIL PRESIDENT SOLOMON:

 

              Resolution Requesting the Tax Assessor to apply the Homestead Exemption to the property located on Assessor’s Plat 129, Lot 85 (33 Victoria Street), in the amount of Seven Thousand Four Hundred Eight Two ($7,482.00) Dollars, for the years 2004 through 2008 retroactively.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Resolution to the Committee on Finance.

 

COUNCILMAN CORREIA:

 

              Resolution Requesting the Director of Public Works to cause the repair of the intersection located at Carleton Street and Pomona Avenue.

 

              Resolution Requesting the Director of Public Works to cause the repair of the intersection located at Carleton Street and Yale Avenue.

 

              Resolution Requesting the Director of Public Works to cause the repair of the sidewalk located at 80 Erastus Street.

             

              Resolution Requesting the Director of Public Works to cause the catch basins to be cleaned along Carleton Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basins to be cleaned along Pemberton Street.

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the dead tree located at 521 Manton Avenue.

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the trimming of two trees located in front of 170 Pomona Avenue.

 

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

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Several Resolutions to the Committee on Public Works.

 

 

              COUNCILMAN SANCHEZ (By Request):

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 148 (126 Wilson Street), in the amount of Nine Hundred Twenty Seven Dollars and Ninety Seven ($927.97) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 296 (122 Wilson Street), in the amount of One Thousand Four Hundred Seven Dollars and Sixty ($1,407.60) Cents, on behalf of West Elmwood Housing Development Corporation.

             

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 295 (116 Wilson Street), in the amount of One Thousand Five Hundred Ninety Dollars and Eighty Two ($1,590.82), on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 31, Lot 192 (64 Diamond Street), in the amount of Seven Thousand Nine Hundred Twelve Dollars and Fifty Two ($7,912.52) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 31, Lot 252 (197 Harrison Street), in the amount of Three Thousand Three Hundred Thirty Dollars and Ninety Seven ($3,330.97) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 675 (34 Westfield Street), in the amount of Six Thousand Two Hundred Eight Six Dollars and Seventy ($6,286.70) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 674 (34 Fuller Street), in the amount of Six Thousand Eight Hundred Twelve Dollars and Thirty Three ($6,812.33) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 266 (192 Harrison Street), in the amount of One Thousand Five Hundred Seventy Four Dollars and Forty Eight ($1,574.48) Cents, on behalf of West Elmwood Housing Development Corporation.

 

              Resolution Requesting to cancel or abate in whole the taxes assessed upon Assessor’s Plat 30, Lot 298 (202 Harrison Street), in the amount of Thirty Eight Thousand Eight Hundred Thirty Two Dollars and Six ($38,832.06), Cents, on behalf of West Elmwood Housing Development Corporation.

 

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

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Several Resolutions to the Committee on Finance.

 

             

              COUNCILMAN YURDIN:

 

              Resolution Requesting a Sixty-Day Moratorium on Demolition and Construction in the Downtown area.

 

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

 

               The Motion for Passage is Sustained.

 

              Resolution Requesting to initiate an examination of policies, procedures and laws relating to the licensing of nightclubs, and ensuring safety of nightclub venues in the City of Providence.

 

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

 

               The Motion for Passage is Sustained.

 

 

REPORTS FROM COMMITTEES

 

COMMITTEE ON PUBLIC WORKS

COUNCILMAN TERRENCE M. HASSETT, Chairman

 

              Transmits the Following with Recommendation the Same be Approved:

 

              Resolution Requesting to abandon portions of the following “Street Areas”: Read Street, Shipyard Street and Harborside Boulevard.

 

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

 

              COUNCILMAN APONTE Moves to Table the Resolution, seconded by COUNCILMAN ZURIER.

 

              COUNCILMAN APONTE Moves to Withdraw his motion to Table the foregoing matter and COUNCILMAN ZURIER Withdraws his second of the motion.

 

              COUNCILMAN YURDIN Moves to move the foregoing item to the end of the docket, seconded by COUNCILMAN CORREIA.

 

             

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

 

              Transmits the Following with Recommendation the Same be Severally Adopted:

 

              An Ordinance Amending Chapter 2012-1, No. 7, Establishing a Compensation Plan for the Water Supply Board, Approved January 9, 2012. 

 

              An Ordinance Amending Chapter 2012-2, No. 8, Establishing the Classes of Positions, The Maximum Number of Employees and the Number of Employees in Certain Classes in the Water Supply Board, Approved January 9, 2012. 

             

 

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

 

AYES:              COUNCIL PRESIDENT PRO TEMPORE HASSETT, COUNCILMAN APONTE, CORREIA, JACKSON, JENNINGS, PRINCIPE, SALVATORE, YURDIN and ZURIER – 9.

 

NAYES:              NONE.

                           

ABSENT:              COUNCIL PRESIDENT SOLOMON, COUNCILWOMAN CASTILLO, COUNCILMAN IGLIOZZI, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and COUNCILMAN SANCHEZ – 6.

 

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

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Communication dated January 9, 2012, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 415 of the Providence Home Rule Charter of 1980, as amended and Public Law, Chapter 45-50, Sections 1 through 31 passed in 1987, he is this day appointing Michael Pearis of 125 Woodbury Street, Providence, Rhode Island 02906, as a member of the Providence Public Building Authority for a term ending July 31, 2013, and respectfully submits the same for your approval. (Mr. Pearis fills the vacancy left by Richard Kerbel) 

 

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

 

              Communication dated March 13, 2012, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1013 of the Providence Home Rule Charter of 1980, as amended and Public Law, Chapter 45-50, Sections 1 through 31 passed in 1987, he is this day appointing Christine Malecki West of 24 Messer Street, Providence, Rhode Island 02909, as a member of the City Plan Commission for a term to end January 31, 2017, and respectfully submits the same for your approval.

(Ms. Malecki West will replace Harrision Bilodeau whose term has expired) 

 

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

 

 

COMMUNICATIONS AND REPORTS

 

              Communication from His Honor the Mayor, dated April 6, 2012, submitting the Community Development Block Grant Budget for Year 38 (2012-2013).

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Communication to the Committee on Urban Redevelopment, Renewal and Planning.

             

              Communication from His Honor the Mayor, dated March 28, 2012, Informing the Honorable Members of the City Council and Janet Raymond, Chairperson, Providence/Cranston Workforce Investment Board, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Section 42-63.1-11 of the Rhode Island General Laws, he is this day appointing Deborah Anthes, Programming Services Officer at the Rhode Island Department of Human Services, to the Providence/Cranston Workforce Investment Board for a term ending June 30, 2015.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              Communication from His Honor the Mayor, dated March 28, 2012, Informing the Honorable Members of the City Council and Janet Raymond, Chairperson, Providence/Cranston Workforce Investment Board, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Section 42-63.1-11 of the Rhode Island General Laws, he is this day appointing Gina Clapprood, Branch Manger of the Cranston Manpower office, to the Providence/Cranston Workforce Investment Board for a term ending June 30, 2015.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              Communication from His Honor the Mayor, dated March 28, 2012, Informing the Honorable Members of the City Council and Janet Raymond, Chairperson, Providence/Cranston Workforce Investment Board, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Section 42-63.1-11 of the Rhode Island General Laws, he is this day appointing Rick Laferriere, Manager of Workforce Initiatives at CVS Caremark, to the Providence/Cranston Workforce Investment Board for a term ending June 30, 2015.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              Communication from Paul Campbell, City Archivist, dated April 4, 2012, submitting a report of 12 canvas bags of various coins (mostly foreign) and slugs that were determined to be rejects by meter collection personnel in the 1950s.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              Communication from Anna M. Stetson, City Clerk, dated April 5, 2012, of all monies received, transmitted to and credited by the City Collector for fiscal quarter of January 1, 2012 to and including March 31, 2012, in a total amount of One Thousand Five Hundred Sixty Five ($1,565.00) Dollars.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              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.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Receives the foregoing Communication.

 

              Communication of Lease Agreement and option to purchase by and between Providence Public Library and the City of Providence, dated March 30, 2012.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Communication to the Committee on Finance.

 

 

FROM THE CLERK’S DESK

 

              Certificates from City Assessor (5T and 6T), recommending the same be severally cancelled pursuant to the provisions of Sections 14 and 15 of Title 44, Chapter 7 of the General Laws of Rhode Island, As Amended.

 

              COUNCIL PRESIDENT PRO TEMPORE HASSETT Refers the Several Certificates to the Committee on Claims and Pending Suits.

 

 

              Petitions for Compensation for Injuries and Damages, viz:

 

James Fitzpatrick

Oscar Sena

Esurance Insurance Company

   a/s/o Anna Orozco

   (Diane M. Kildea, Esquire)

Thomas George Associates

   a/s/o Chartis/Meagan Umberger

Billy Molina

   (Joseph-Anthony DiMaio, Esquire)

Barbara J. Murray

   (Arthur M. Read, II, Esquire)

Barbara A. Levesque

   (John A. Baglini, Esquire)

Raymond Labonte

Clinton Phillip

Joisa DePina p.p.a. Ednildo DePina

   (Dino A. Brosco, Esquire)

Farm Family Casualty Insurance Company

   a/s/o Emma Sandbach

Barbara Ruttenberg

   (Paul S. Cantor, Esquire)

Lourdes Robles p.p.a. Erik M. Robles

 

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:

 

Brian Kreizinger, Fire Prevention Captain, in recognition of the celebration of his retirement after 26 years of dedicated service to the Providence Fire Department.

 

Firefighter Theodore Cocco, in recognition of the celebration of his retirement after 31 years of dedicated service to the Providence Fire Department.

 

Timothy McDaniel, Deputy Assistant Chief, in recognition of the celebration of his retirement after 32 years of dedicated service to the Providence Fire Department.

 

Jeffrey Osborne, in recognition of the celebration of the dedication of “Jeffrey Osborne Way” on Olney Street. 

 

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

 

              The Motion for Passage is Sustained.

 

AT EASE

 

RECONVENTION

 

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:

Peter N. Stevens

Eufemia S. Britto

Jonny Maria Comparone

Jason Penza

Francis M. Reddy 

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

 

              The Motion for Passage is Sustained.

             

              Resolution Requesting to abandon portions of the following “Street Areas”: Read Street, Shipyard Street and Harborside Boulevard.

 

              Insert 29.

 

 

 

 

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

 

              COUNCILMAN YURDIN Moves to Withdraw his motion for Passage of the foregoing resolution and COUNCILMAN CORREIA Withdraws his second of the motion.

 

AT EASE

 

RECONVENTION

 

              COUNCILMAN YURDIN Moves to Amend to renumber paragraph four to paragraph five and insert paragraph four which will read the following: “Johnson & Wales University will continue to allow existing access to Drummond’s Field from dawn to dusk for a period of one year beginning upon passage of this resolution and thereafter will provide pedestrian access from dawn to dusk for activities that have been officially permitted by the Providence Parks Department, such access to be from Michigan Avenue over areas reasonably directed by Johnson & Wales University until alterative reasonable access is available from New York Avenue.  Johnson & Wales University may at its option, grade or pave New York Avenue to provide such alterative reasonable access”, seconded by COUNCILMAN CORREIA.

 

              COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN CORREIA, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT PRO TEMPORE HASSETT, COUNCILMAN APONTE, CORREIA, IGLIOZZI,  JACKSON, JENNINGS, PRINCIPE, SALVATORE, YURDIN and ZURIER – 10.

 

NAYES:              NONE.

                           

ABSENT:              COUNCIL PRESIDENT SOLOMON, COUNCILWOMAN CASTILLO, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and COUNCILMAN SANCHEZ – 5.

 

The Motion for Passage, As Amended, is Sustained.

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN CORREIA, it is voted to adjourn in memory of Sergeant Maxwell Dorley at 7:45 o’clock P.M. (E.D.T.), to meet again MONDAY, APRIL 23, 2012 at 6:00 o’clock P.M. (E.D.T.)

 

 

 

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