April 5, 2012  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

 

No. 14 City Council Regular Meeting, Thursday, April 5, 2012, 7:00 o’clock P.M. (E.D.T.)

 

 

PRESIDING

 

COUNCIL PRESIDENT

MICHAEL A. SOLOMON

 

ROLL CALL

 

PRESENT:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, CORREIA, IGLIOZZI,  JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, and ZURIER – 10.

                           

ABSENT:              COUNCILWOMAN CASTILLO, COUNCILMEN HASSETT, SALVATORE, SANCHEZ and YURDIN – 5.

 

              (SUBSEQUENTLY COUNCILWOMAN CASTILLO and YURDIN JOIN THE MEETING)

             

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 KEVIN JACKSON.

 

              “Lord tonight as we deliberate the needs and concerns of the citizens of Providence please watch over all my colleagues and help us make the proper decisions that will benefit all the citizens of the City of Providence.  As spring is upon us and summer begins Lord watch over all our families particularly our families as they plan for their children and what their children may be doing during the spring and summer, particularly in the summertime.  Guide us in making sure that we make no cuts that would effect them in their future.  Thank you.”

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              COUNCILMAN WILBUR W. JENNINGS 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.

 

COUNCILMAN YURDIN JOINS THE MEETING.

 

APPOINTMENTS BY HIS HONOR THE MAYOR

 

              Communication dated March 26, 2012, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1107 of the Providence Home Rule Charter of 1980, as amended, and the bylaws of the Providence Housing Authority, he is this day appointing Pleshette Mitchell of 23 Gage Street, Providence, Rhode Island 02909, as a member of the Providence Housing Authority Board of Directors for a term to expire July 31, 2013. (Mrs. Mitchell will substitute Venuz Madrid who has resigned)

 

              COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

              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 Mr. Harrison Bilodeau of 13 Power Street, Providence, Rhode Island 02906, as his designee on the City Plan Commission. (Mr. Bilodeau will replace Luis Torrado)

 

COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

              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)

 

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

 

COUNCILWOMAN CASTILLO JOINS THE MEETING.

 

 

ORDINANCES SECOND READING

 

The Following Ordinances were in City Council March 15, 2012, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

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

             

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

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, YURDIN and ZURIER – 11.

 

NAYES:              NONE.

                           

ABSENT:              COUNCILMEN HASSETT, IGLIOZZI, SALVATORE and SANCHEZ – 4.

 

The Motion for Passage the Second 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 Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, YURDIN and ZURIER – 11.

 

NAYES:              NONE.

                           

ABSENT:              COUNCILMEN HASSETT, IGLIOZZI, SALVATORE and SANCHEZ – 4.

 

The Motion for Passage the Second Time is Sustained.

 

 

PRESENTATION OF ORDINANCES

 

COUNCIL PRESIDENT SOLOMON (By Request):

 

              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.

 

              An Ordinance in Amendment of Chapter 2011-1, No. 69, Approved January 29, 2011, Entitled: “Chapter 21 Article XIII of the Code of Ordinances of the City of Providence to add and additional Section. (Historic Properties)

 

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

 

              COUNCIL PRESIDENT SOLOMON Refers the Several Ordinances to the Committee on Finance.

 

              An Ordinance in Amendment of Chapter 1946-163, Section 8, Entitled: “Publication of Rules and Regulations.”

 

 

COUNCILMAN YURDIN:

 

              An Ordinance in Amendment of Chapter 14, “Licenses,” Article IX, “Peddlers and Hawkers” of the Ordinances of the City of Providence

 

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

 

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

 

 

 

PRESENTATION OF RESOLUTIONS

 

              COUNCIL PRESIDENT SOLOMON (By Request):

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8006 and Senate Bill 2012 – S 2826, An Act Relating to Towns and Cities – Distressed Communities.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8007 and Senate Bill 2012 – S 2828, An Act Relating to Education – State Aid Programs.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8009 and Senate Bill 2012 – S 2825, An Act Relating to Towns and Cities – Critical Plan Empowerment Act – Municipal Pensions.

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 8012 and Senate Bill 2012 – S 2829, An Act Relating to Education – Foundation Level School Support.

 

 

              COUNCIL PRESIDENT SOLOMON:

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2012 – H 7748 and Senate Bill 2012 – S 2494, An Act Relating to Courts and Civil Procedure.

 

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.

 

 

              COUNCILMAN CORREIA:

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the dead tree located at 212 Leah Street.

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the dead tree located at 216 Leah Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basins to be cleaned on Leah Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basins to be cleaned on Lynch Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basins to be cleaned on Unit Street.

 

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

 

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

 

              Resolution Requesting the Director of Public Works to cause the repair of the intersection at Brookfield Street and Riverdale Street.

 

              Resolution Requesting the Director of Public Works to cause the Clean and Lien of the property located at 38 Pope Street.

 

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

 

              COUNCIL PRESIDENT SOLOMON Refers the Several Resolutions to the Committee on Public Works.

 

             

              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 Congratulating the High School Debaters who will represent Rhode Island at the 2012 NAUDL National Championship Tournament.

 

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

 

              The Motion for Passage is Sustained.

 

 

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

 

              Resolution Extending Congratulations to the All-American Track and Field Athletes at both Hope High and Classical High Schools.

 

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

 

               The Motion for Passage is Sustained.

 

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON PUBLIC WORKS

COUNCILMAN TERRENCE M. HASSETT, Chairman

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Resolution Requesting to abandon the gangway located between Chalkstone Avenue and Lopez Street (located along property line of Chalkstone Automotive)

             

              Resolution Requesting the Traffic Engineer to cause the installation of a “Handicap Parking” Sign in front of 71 Sutton Street.

 

              Resolution Requesting the Traffic Engineer to cause the installation of a  “15 Minute Parking” Sign in front of 163 Broadway.

 

              Resolution Requesting the Director of Public Works to cause the Clean and Lien of the property located at 511 Manton Avenue.

 

              Resolution Requesting the Director of Public Works to cause the Clean and Lien of the property located at 588-590 Manton Avenue.

 

              Resolution Requesting the Traffic Engineer to cause the repair and/or replacement of the “Stop” Sign located on Sisson Street at Manton Avenue.

 

              Resolution Requesting the Director of Inspections and Standards to cause the structure at 49 Huber Avenue to be razed due to its hazardous condition.

 

              Resolution Requesting the Director of Public Works to cause the catch basin to be cleaned in front of 51 Montrose Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basin to be cleaned in front of 115 Leah Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basin to be cleaned in front of 117 Leah Street.

 

              Resolution Requesting the Director of Public Works to cause the catch basin to be cleaned in front of 111 Yale Avenue.

 

              Resolution Requesting the Director of Public Works to cause the catch basin to be cleaned in front of 115 Lynch Street.

 

              Resolution Requesting the Director of Public Works to cause the repair of the potholes along Lynch Street.

 

              Resolution Requesting the Director of Public Works to cause the repair of the potholes along Leah Street.

 

              Resolution Requesting the Traffic Engineer to cause the repair and/or replacement of the Stop Sign on Hendrick Street at Carleton Street. 

 

              Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the tree stump located in front of 132 Carleton Street.

 

Resolution Requesting the Forestry Division of the Parks Department to cause the removal of the tree stump located in front of 48 Pomona Street.

             

              Resolution Requesting the Traffic Engineer to cause the replacement of vandalized “Do Not Enter” Signs located on various streets located in the 6th Ward.

 

              Resolution Requesting the Director of Public Works to cause the repair of the street located in front of 9 Lynch Street.

 

              Resolution Requesting the Director of Public Works to cause the repair of the street located in front of 11 Lynch Street.

 

              Resolution Requesting the Director of Public Works to cause the cleaning of the sidewalks along both sides of the Glenbridge Avenue Bridge.

             

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.

 

 

COMMITTEE ON CITY PROPERTY

COUNCILMAN JOHN J. IGLIOZZI

 

              Transmits the Following with Recommendation the Same Be Approved, As Amended:

 

              Resolution Authorizing the sale of 24 Meeting Street to the Providence Preservation Society.

 

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

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, PRINCIPE, YURDIN and ZURIER – 11.

 

NAYES:              NONE.

                           

ABSENT:              COUNCILMEN HASSETT, IGLIOZZI, SALVATORE and SANCHEZ – 4.

 

The Motion for Passage the Second Time is Sustained.

 

 

COMMUNICATIONS AND REPORTS

 

              Communication from Nate D. Urso, Deputy City Engineer, dated February 13, 2012, submitting the proposed conversion to One-Way Service Road 3 and Troy Street.

             

              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 Dispense with the Reading of the foregoing matters.

 

              COUNCIL PRESIDENT SOLOMON Refers the Several Communications to the Committee on Public Works.

 

              Communication from Joseph S. Spremulli, Providence Water, dated March 19, 2012, submitting his resignation from the City of Providence Environmental Sustainability Task Force.

 

              COUNCIL PRESIDENT SOLOMON 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.

             

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

 

 

FROM THE CLERK’S DESK

 

              Petition from Thomas V. Moses, Kelly, Nickson, Morris, Providence, Rhode Island 02903, submitting amendments to the Providence Tomorrow: The Interim Comprehensive Plan. (Cushing, Hope, Angell and Thayer Streets)

 

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

 

 

              Petition from Thomas V. Moses, Kelly, Nickson, Morris, 160 Westminster Street, Suite 400, Providence, Rhode Island 02903, submitting amendments to the City of Providence Zoning Ordinance. (Meeting, Brook, Euclid and Thayer Streets)

 

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

 

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Vincent Rossi

Cory Wright

Christopher E. Fay, Esquire

Christopher E. Fay, Esquire

Christopher E. Fay, Esquire

Christopher E. Fay, Esquire

Christopher E. Fay, Esquire

Kathleen Perrotta

Safeco Insurance

   a/s/o James Weintrub

John Jenda

   (Ronald J. Resmini, Esquire)

Daniel Carr

   (Arthur E. Chatfield, III, Esquire)

Nuni’s Auto Sales and Service

   (Arthur E. Chatfield, III, Esquire)

Yural McKie

Scott Mooney

Catherine Bruno

   (Stephen Mackie, Esquire)

Michael Urso

National Grid

McLaughlin & Moran, Inc.

Joao Fonseca

   (Arthur E. Chatfield, III, Esquire)

Kelly Brooks and Peggy Boucher

Anovrak Suriya

Dawn O’Connor and Merissa Piccoli

   (Arthur E. Chatfield, III, Esquire)

 

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:

The Honorable Judge Frank Caprio, in recognition of being the recipient of the 2012 Loggia Piave Merit Award.

 

Christian Garcia, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Robert Rose, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Jeremy Rodriguez, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Pierre Charles, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Xavier Reyes, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Melvin Bradford, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Tomar Rodriguez, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Dave Beloney, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Edward Pena, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Isaiah Melendez, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Nathaniel Reynoso, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Jerry Bonne, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Jason Roias, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Ashlyn Vasquez, in recognition of being a member of the Unified Basketball Team and participating in your first game on March 21, 2012.

 

Mary McElroy, in recognition of being names Rhode Island Chief Public Defender.  We extend our deep appreciation for your great talent, experience and sincere commitment to public service.  Congratulations on your appointment.

 

JB Pharmacy, in recognition of the celebration of your relocation to 1017 Smith Street and the expansion of your business in the Elmhurst Community.

 

Jimmy Angel, in recognition of the celebration of your 60th birthday.  As you celebrate with your family and many friends, we join them in wishing you many years of good health and happiness.

 

Regional Director Constance R. Pizzaro and Members of the Alpha Kappa Alpha Sorority, in recognition of the tireless work of Alpha Kappa Alpha’s professional women and college students to improve social and economic conditions throughout the world.  We are proud you have chosen Providence for you 81st Conference. 

 

Quashira McIntosh, Hope High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Shyneice Sanders, Hope High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Jarnae Royster, Hope High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Royal Cheatham, Hope High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Jose Velez, Classical High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Maddy Berkson, Classical High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Marthaline Cooper, Classical High School, in recognition of qualifying as an All-American Athlete in Track and Field, and your participation in the New Balance National Indoor Track Meet in New York City.

 

Walker Meyer, Classical High School, In recognition of qualifying for the National Association of Urban Debate Leagues (NAUDL) Championship Tournament. 

 

Rachel Mernoff, Classical High School, in recognition of qualifying for the National Association of Urban Debate Leagues (NAUDL) Championship Tournament. 

 

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:

Vivian Auerbach

Anthony Guglielmi

Savannah Cruz Verdejo

Irene L. Ferrante

Beatrice Ferri

James Gilbody

Elena Germana Carpenter

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.

 

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, it is voted to adjourn at 7:20 o’clock P.M. (E.D.T.), to meet again THURSDAY, APRIL 19, 2012 at 7:00 o’clock P.M. (E.D.T.)

 

 

 

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