July 1, 2010  Regular City Council Meeting

 

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

 

JOURNAL OF PROCEEDINGS

 

 

No. 17 City Council Regular Meeting, Thursday, July 1, 2010, 7:00 o’clock P.M. (E.D.T.)

 

PRESIDING

 

COUNCIL PRESIDENT

PETER S. MANCINI

 

ROLL CALL

 

PRESENT:              COUNCIL PRESIDENT MANCINI, COUNCILMEN  APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, NARDUCCI, SOLOMON, TEJADA, WOOD and COUNCILWOMAN YOUNG – 12.

                           

ABSENT:              COUNCILMEN IGLIOZZI, LUNA and YURDIN– 3.

 

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

 

 

INVOCATION

 

              The Invocation is given by COUNCILMAN CLIFFORD J. WOOD.

 

              “These are anxious times and I pray for all of us.  Those in this Chamber, those making decisions of international import, those making decisions of family import that this anxiety does not lead them to make decisions of fear, but allow them to make decisions from wisdom.  Amen.”

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              COUNCILMAN LUIS A. APONTE 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. 23 of the Regular Meeting of the City Council held October 15, 2009; Journal of Proceedings No. 24 of the Regular Meeting of the City Council held November 5, 2009 and Journal of Proceedings No. 25 of the Regular Meeting of the City Council held November 19, 2009, and posted on June 21, 2010 on that Bulletin Board located on the ground level of City Hall, are approved, as printed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

 

APPOINTMENT BY HIS HONOR THE MAYOR

 

              Communication dated June 22, 2010, Informing the Honorable Members of the City Council 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 re-appointing Mr. Eric Churchill, General Manager, Providence Marriott Downtown, Providence, Rhode Island 02904, to the Greater Providence-Warwick Convention and Visitors Bureau for a term to expire on June 30, 2013.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

 

ORDINANCES SECOND READING

 

              The Following Ordinances were in City Council June 17, 2010, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

An Ordinance Amending a Compensation Plan for the Providence School Department and Amending Ordinance Chapter 2009-46, No. 376, Approved August 6, 2009.

 

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

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, NARDUCCI, SOLOMON, TEJADA, WOOD and COUNCILWOMAN YOUNG – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN IGLIOZZI, LUNA and YURDIN – 3.

 

              The Motion for Passage the Second Time is Sustained.

 

An Ordinance Establishing the Classes of Positions, the Maximum Number of Employees and the Employees in certain Classes in the Providence School Department and Amending Ordinance Chapter 2009-47, No. 377, Approved August 6, 2009.

 

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

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, NARDUCCI, SOLOMON, TEJADA, WOOD and COUNCILWOMAN YOUNG – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN IGLIOZZI, LUNA and YURDIN – 3.

 

              The Motion for Passage the Second Time is Sustained.

 

 

              An Ordinance in Amendment of Section 21, Article II, Section 21-26, by adding sub-section (2), As Amended.

 

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

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, NARDUCCI, SOLOMON, TEJADA, WOOD and COUNCILWOMAN YOUNG – 12.             

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN IGLIOZZI, LUNA and YURDIN – 3.

 

              The Motion for Passage the Second Time is Sustained.

 

PRESENTATION OF ORDINANCES

 

              COUNCILMAN DELUCA and COUNCILMAN SOLOMON

              (By Request):

 

              An Ordinance Making an Appropriation of Sixty Four Million One Hundred Twenty Three Thousand Six Hundred Forty Three Dollars ($64,123,643), for the support of the Providence Water Supply Board for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Seven Million Six Hundred Twenty Three Thousand Seven Hundred Thirty Four Dollars ($7,623,734), for the Water Supply Board Capital Fund for the Fiscal Year ending June 30, 2011.

             

              An Ordinance Making an Appropriation of Three Million One Hundred Fourteen Thousand Four Hundred Forty Four Dollars ($3,114,444), for the Water Supply Board Insurance Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Three Million Seven Hundred Ninety Four Thousand Two Hundred Thirty Nine Dollars ($3,794,239), for the Water Supply Board Water Quality Protection Fund for the Fiscal Year Ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Thirty Two Million Four Hundred Seven Thousand Three Hundred Fifty Seven Dollars ($32,407,357), for the Water Supply Board Infrastructure Replacement Program Fund for the Fiscal Year Ending June 30, 2011.

 

              An Ordinance Making an Appropriation of One Million Two Hundred Thirty Nine Thousand Four Hundred Eighteen Dollars ($1,239,418), for the Water Supply Board Meter Replacement Fund for the Fiscal Year Ending June 30, 2011.

 

              An Ordinance Making an Appropriation of One Million Seven Hundred Ninety Nine Thousand One Hundred Sixty Three Dollars ($1,799,163), for the Water Supply Board Equipment Replacement Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Four Million Six Hundred Seventeen Thousand Seven Hundred Five Dollars ($4,617,705), for the Water Supply Board Chemical and Sludge Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of One Million Four Hundred Thirty Two Thousand Nine Hundred Five Dollars ($1,432,905), for the Water Supply Board Western Cranston Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Four Hundred Eighty Five Thousand Four Hundred Seventy Six Dollars ($485,476), for the Water Supply Board Property Tax Refund Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of One Million One Hundred Forty Six Thousand Three Hundred Thirty Seven Dollars ($1,146,337), for the Water Supply Board Revenue Reserve Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Making an Appropriation of Five Million Seventeen Thousand Seven Hundred Ninety One Dollars ($5,017,791), for the Water Supply Board Scituate Watershed Protection Fund for the Fiscal Year ending June 30, 2011.

 

              An Ordinance Establishing a Compensation Plan for the Water Supply Board and Repealing Ordinance Chapter 2010-16, Approved May 25, 2010, As Amended.

 

              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 2010-23, Approved May 25, 2010, As Amended.

 

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

 

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

 

              COUNCILMAN WOOD, COUNCILWOMAN DIRUZZO and COUNCIL PRESIDENT MANCINI (By Request):

 

              An Ordinance in Amendment of the Code of Ordinances Chapter 2 “Administration.” to add Article XXXVII, Entitled: “Department of Art, Culture and Tourism.”

 

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

 

 

PRESENTATION OF RESOLUTIONS

 

              COUNCIL PRESIDENT MANCINI (By Request):

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “No Parking to Corner” Sign on Loveday Street at its intersection with Admiral Street.

 

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

 

              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA, WOOD, COUNCILWOMAN YOUNG and COUNCILMAN YURDIN:

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman John J. Igliozzi on July 8, 2010.

 

              Read and Passed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

              The Motion for Passage is Sustained.

 

 

              COUNCIL PRESIDENT MANCINI and COUNCILMAN HASSETT:

 

              Resolution Requesting the Providence City Council to extend the existing contract with Hutton Associates, Inc., to provide planning consultant services for the review of the proposed amendments to the City of Providence Zoning Ordinance and Comprehensive Plan through June 30, 2011, in a total amount not to exceed Sixty Five Thousand ($65,000.00) Dollars.

             

              Read and Passed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

              The Motion for Passage is Sustained.

 

              COUNCILMAN DELUCA and COUNCILMAN SOLOMON

              (By Request):

 

              Resolution Requesting the placement of a 2010 Ballot Question Amending Section 1101 – Water Supply Board of the Providence Home Rule Charter to add subsection (5) to read as follows:

 

              To appoint and remove and act on all personnel matters of the Water Supply Board/city water system employees and fix their wages, salaries or compensation and the terms and conditions of employment.

 

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

 

              Resolution Requesting the placement of a 2010 Ballot Question Amending Section 905 – Personnel System Coverage and Expenses by adding subsection(n) to read as follows:

 

              All employees of the Providence Water Supply Board.

 

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

 

              COUNCILMAN IGLIOZZI (By Request):

 

              Resolution Requesting the Tax Assessor to apply the Homestead Exemption to the property located on Assessor’s Plat 104, Lot 624 (21 Cumerford Street), for fiscal years 2003 through 2009.

 

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

 

 

              COUNCILMAN SOLOMON:

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “No Thru Trucks” Sign on Whitford Avenue and Mount Pleasant Avenue.

 

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

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON ORDINANCES

COUNCILMAN MICHAEL A. SOLOMON, Chairman

 

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

 

              An Ordinance Amending the City of Providence Zoning Ordinance Chapter 1994-24, No. 365, Approved June 27, 1994, As Amended, by Chapter 2008-33, to permit outdoor seating in the D-1 Zone.

 

              COUNCILMAN HASSETT Moves Passage of the Ordinance the First Time and Referred Back to the Committee on Ordinances, seconded by COUNCILMAN DELUCA, by the following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, JACKSON, LOMBARDI, NARDUCCI, SOLOMON, TEJADA, WOOD and COUNCILWOMAN YOUNG – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN IGLIOZZI, LUNA and YURDIN – 3.

 

              The Motion for Passage the First Time and Referred Back to the Committee on Ordinances is Sustained.

 

 

FROM THE CLERK’S DESK

 

              Petition from Robert A. D’Amico, II, Esquire, 536 Atwells Avenue, Providence, RI  02909, requesting a zoning change for the property commonly know as 386 Atwells Avenue, 388-390 Atwells Avenue, 4-6 Hewitt Street, and 8-10 Hewitt Street (Assessor’s Plat 28, Lots 520, 159, 158, 539, and 540 respectively) from R-3 to C-1.

 

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

 

              Petitions for Compensation for Injuries and Damages, viz:

 

The EGIS Group

   a/s/o Michael & Linda Rubinstein

Gabrielle Regenstein

Mary Walmsley

   (Christopher E. Fay, Esquire)

Jonathan Roman

George Chicoine

   (Robert J. Levine, Esquire)

Nartecca Stanfield

Andrew McHale

Sandra Mastrangelo

Amanda Allard

Keith Thompson

   (Joseph J. Voccola, Esquire)

Bertha Lemus

   (Garry Giragosian, Esquire)

Joshua C. Mendoza

   (V. Edward Formisano, Esquire)

Channa Smith

   (Robert J. Levine, Esquire)

National Grid

   (Thomas A. Murphy, Esquire)

James M. Green

R.A.A. a/s/o Angelo’s Civita Farnese

 

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

 

 

PRESENTATION OF RESOLUTIONS “IN CONGRATULATIONS”

 

              COUNCIL PRESIDENT MANCINI 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:

 

Patrick F. McCarthy, in recognition of the celebration of his 50th Birthday, born on June 25, 1960.

 

Jessica Jennings & Mark O’Neill, in recognition of the celebration of the birth of their daughter, Thea Katherine Jennings O’Neill, born on June 5, 2010 at 1:04 p.m., weighing 6 lbs. 5½ ozs.

 

Mercedes Torres, in recognition of her commitment and dedication to Education for the past 25 years and a successful five years as Principal at Lillian Feinstein Elementary School.

 

Jose Manuel Marcano Ortega, in recognition of the celebration of becoming a Citizen of the United States of America.

 

Joe Gagnon, in recognition of his hard work, commitment and dedication to the Help 4 Animals Organization.

 

Paul Vermette, Paul & Company Salon, in recognition of his hard work, commitment and dedication to the Help 4 Animals Organization.

 

Carl Taglianetti, Jr., Essentials Fitness, in recognition of his hard work, commitment and dedication to the Help 4 Animals Organization.

 

Michelle & Jimmy Bucci, Jeanette’s Bakery, in recognition of his hard work, commitment and dedication to the Help 4 Animals Organization.

 

Dave Holden, Director, Providence Animal Control, in recognition of his hard work, commitment and dedication to the Help 4 Animals Organization.

 

Donna Izzo, Dolce Donna, in recognition of her hard work, commitment and dedication to the Help 4 Animals Organization.

 

Providence Fire Department, in recognition of the celebration of the 120th Anniversary of the Providence Permanent Firemen’s Relief Association.

 

Elizabeth Rosa, in recognition of the celebration of her graduation from Hope High School on June 8, 2010 and being selected as a member of the Rhode Island Honors Society.

Bryan R. Stetson, in recognition of the celebration of his 16th Birthday.

 

Wanskuck Providence Community Library, in recognition of the celebration of their First Anniversary.

 

              Severally Read and Collectively Passed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

              The Motion for Passage is Sustained.

 

 

PRESENTATION OF RESOLUTIONS “IN MEMORIAM”

 

              COUNCIL PRESIDENT MANCINI 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:

 

Duane A. Barnes

Anthony R. Garzone

Julia Alves

Roy M. Burchfield, Jr.

William L. Temple

Frank Santos, Sr.

Domenica “Minnie” Sohigian

Ara Yehigian

Walter C. “Newt” Newton

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

 

              The Motion for Passage is Sustained.

 

 

MATTERS NOT APPEARING ON THE PRINTED DOCKET

 

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

 

PRESENTATION OF ORDINANCE

 

              COUNCILMAN HASSETT:

 

              An Ordinance in Amendment of Article I – In General, of the Code of Ordinances to add Section 21-21 as follows:

 

              No person shall be hired in the City without first obtaining a majority vote of the Providence City Council.

 

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

 

PRESENTATION OF RESOLUTION

 

              COUNCILMAN HASSETT:

 

              Resolution Requesting the placement of the attached 2010 Ballot Questions to amend Section 1007, 1101, 401(d) and 412 of the Providence Home Rule Charter.

 

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

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA, it is voted to adjourn at 7:25 o’clock P.M. (E.D.T.), to meet again UPON THE RISE OF THE 7:00 O’CLOCK REGULAR CITY COUNCIL MEETING.

 

 

 

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