February 18, 2010  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

 

JOURNAL OF PROCEEDINGS

 

No. 6 City Council Regular Meeting, Thursday, February 18, 2010 7:00 o’clock P.M. (E.S.T.)

 

PRESIDING

 

COUNCIL PRESIDENT

PETER S. MANCINI

 

ROLL CALL

 

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

 

ABSENT:              COUNCILMEN TEJADA, COUNCILWOMAN YOUNG and COUNCILMAN YURDIN– 3.

 

              (SUBSEQUENTLY COUNCILMEN TEJADA and COUNCILWOMAN YOUNG JOIN THE MEETING)

                                                                                                 

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

 

 

INVOCATION

 

              The Invocation is given by COUNCILWOMAN JOSEPHINE DIRUZZO.

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              Councilman Kevin 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.

 

 

PRESENTATION OF ORDINANCE

 

              COUNCIL PRESIDENT MANCINI (By Request):

 

              An Ordinance Relating to Article IV, Chapter 17, Section 17-189(5) of the Code of Ordinances. (Disability Waiver Request)

 

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

 

 

PRESENTATION OF RESOLUTIONS

 

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

 

              Resolution Extending Sincere Congratulations to Representative Gordon D. Fox upon being elected Speaker of the House of Representatives for the State of Rhode Island.

 

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

 

              COUNCILMAN APONTE (By Request):

 

              Resolution Requesting to Amend Resolution Number 381, effective August 10, 2009, relative to the Commission to Study Tax Exempt Institutions to extend the term of the commission to submit its recommendations to the City Council to June 30, 2010.

 

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

 

 

              COUNCILMAN DELUCA:

 

              Resolution Requesting the Tax Assessor to apply the Elderly Exemption to the property located on Assessor’s Plat 95, Lot 54 (28 Parnell Street), for fiscal years 2006, 2007 and 2008.

 

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

 

              COUNCILMAN TEJADA and COUNCILWOMAN YOUNG JOIN THE MEETING

 

              COUNCILMAN NARDUCCI:

 

              Resolution Requesting the Chief Electrical Inspector to cause the replacement and upgrade of the street lights located on Pole Numbers 27 and 13 on Langdon Street.

 

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

 

              Resolution Requesting the Chief Electrical Inspector to cause the replacement and upgrade of the street lights located on 183 Charles Street.

 

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

 

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

 

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

 

              An Ordinance Amendment in Entirety of No. 88 of Chapter 2005-17 of the     Providence Code of Ordinances Establishing and Granting a Tax Stabilization Plan for Capitol Cove, LLC., with Respect to Assessor’s Plat 4, Lots 261, 262 and 263 (formerly Assessor’s Plat 4, Lot 247) of the City of Providence.

 

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

 

              COUNCILMAN LOMBARDI Moves to Refer the Ordinance Back to the Committee on Finance, seconded by COUNCILWOMAN YOUNG, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN LOMBARDI and COUNCILWOMAN YOUNG – 2.

 

NAYES:              COUNCIL PRESIDENT MANCINI, COUNCILMAN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, HASSETT, IGLIOZZI, JACKSON, LUNA, NARDUCCI,               SOLOMON, TEJADA and WOOD – 12.

 

ABSENT:              COUNCILMAN YURDIN – 1.

 

              The Motion to Refer the Ordinance Back to the Committee on Finance Fails.

 

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

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, LUNA, NARDUCCI, SOLOMON, TEJADA and WOOD – 10.

 

NAYES:              COUNCILMEN DELUCA, JACKSON, LOMBARDI and COUNCILWOMAN YOUNG – 4.

 

ABSENT:              COUNCILMAN YURDIN – 1.

 

              The Motion for Passage the First Time is Sustained.

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Resolution Requesting to hire an attorney under the provisions of Section 401(d), of the Providence Home Rule Charter of 1980, as amended, for the purpose of representing the city council with regard to the lawsuit filed relative to the Ordinance Entitled: An Ordinance Amending Chapter 18½, “Police,” Section 18½-2, “Providence External Review Authority (PERA)”, in an amount not to exceed $5,000.00. 

 

              Read and Passed, 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, IGLIOZZI, JACKSON, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and COUNCILWOMAN YOUNG – 13.

 

NAYES:              COUNCILMAN WOOD – 1.

 

ABSENT:              COUNCILMAN YURDIN – 1.

 

              The Motion for Passage is Sustained.

             

Resolution Authorizing the engagement of Legal Counsel to pursue injunctive relief in order to mandate the State of Rhode Island to reimburse the City of Providence for the Payment(s) associated with the Motor Vehicle Excise Taxes and the Related exemption.

 

              COUNCILMAN HASSETT Moves to Lay the Resolution on the Table seconded by COUNCILMAN DELUCA.

 

              Communication dated January 29, 2010, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 701 of the Providence Home Rule Charter of 1980, as amended, he is this day

              re-appointing Mr. Nguda Maila Touray of 40 Victoria Street, Providence, Rhode Island 02909, to the School Board for a term to expire on the first Monday in January 2013, and respectfully submits the same for your approval.

 

              COUNCILMAN HASSETT Moves Passage of the foregoing Communication, seconded by COUNCILMAN DELUCA.

 

 

COMMUNICATIONS AND REPORTS

             

              Communication from Janet Keller, dated January 25, 2010, submitting her resignation as Chairwoman and a member of the Council’s Sustainability Task Force.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

 

              Communication from Vincent J. Palumbo, Rhode Island Department of Transportation, dated November 20, 2009, submitting the Local Public Agency Agreements for funding with LEAP program funds.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

 

FROM THE CLERK’S DESK

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Alisha Soares

Alisha Blais

Eileen Troai

   (Randall J. Levesque, Esquire)

Jerome F. Williams

Carl A. Tasca

Bethany H. Kreshak

Philip Rashkovetsky

Peter Robert Andrews II

Fidelina Morena

   (Seth Adam Perlmutter, Esquire)

Renee Cocozza

   (Robert J. Levine, Esquire)

Commerce Insurance Company

   a/s/o Gracanne Bochter

Christina Szermer

Safeco Insurance a/s/o Kevin Kehoe

Marie Renee Woods

   (Joseph J. Voccola, Esquire)

 

              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:

 

Joseph D. Forte, in recognition of the celebration of the special occasion of his sixtieth birthday, born February 2, 1950.

 

Luis F. Mancebo, President, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Carlos B. Tejada, Vice-President, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Juan Watts, Secretary, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Marcos Cabrera, Treasurer, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Samuel Morales, Policy Director, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Edith Garabito, Female Director, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Iran Marquez, Public Relations, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Feliz Sanchez, First Assistant to President, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Regino Bautista, First Assistant to Vice-President, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Marino Moreta, Sports Director, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Pablo Cabrera, Arts & Culture, in recognition of being a member of the Board of Directors for Club Juan Pablo Duarte for 2009-2010.

 

Henry J. Cochrane, Jr., Deputy Assistant Chief, in recognition of his retirement from the Providence Fire Department after thirty-five years of dedicated service to the citizens of the City of Providence, November 25, 1974 – August 16, 2009.

 

Dennis Reall, in recognition of the celebration of his retirement from The Narragansett Bay Commission after seventeen years of dedicated service.

 

 

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:

 

Samuel J. “Sie” Fiyod

Hazeldene “Hazel” Shipp

Jennie Liberatore

Alfred Marino, Jr.

Irene Atney

Aurora C. Laorenza

George Henry Briggs, Sr.

Lawrence T. Norcini, Sr.

Ann M. Gomes

Tayla D. Lackey

Sylvia Baglini

John S. Cannity

Joseph R. Abbatematteo

Douglas Joseph LaFrance, Sr.

Eola M. “Peggy” Baker

Florence L. Allen

Julia DiNofa

Ronald “Ronnie” Giampietro

Josephine A. Lauro

Antonio Simeone

 

 

 

 

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 ORDINANCES

 

              COUNCILMAN IGLIOZZI:

 

              An Ordinance In Amendment of Chapter 2009-51, No. 387, Approved September 8, 2009, of the Ordinances of the City of Providence making an Appropriation of Six Hundred Seventeen Million, Nine Hundred Two Thousand, Seven Hundred and Twenty Dollars ($617,902,720), for the fiscal year ending June 30, 2010, As Amended.

 

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

 

 

              An Ordinance In Amendment of Chapter 2009-52, No. 388, Approved September 8, 2009, Entitled: “An Ordinance Establishing a Compensation Plan for the City of Providence and Repealing Ordinance Chapter 2008-42, No. 380, Approved October 8, 2008, As Amended”.

 

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

 

 

              An Ordinance In Amendment of Chapter 2009-53, No. 389, Approved September 8, 2009, Entitled: “An Ordinance Establishing the Classes of Positions, the Maximum Number of Employees and the number of Employees in certain classes in the City Departments and Repealing Ordinance Chapter 2008-44, No. 382, Approved October 8, 2008, As Amended”.

 

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

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA, it is voted to adjourn in memory of the passing of IRENE ATNEY, mother of Councilman Seth Yurdin at 7:30 o’clock P.M. (E.S.T.), to meet again THURSDAY, MARCH 4, 2009 at 7:00 o’clock P.M. (E.S.T.)

 

 

 

ANNA M.  STETSON

CITY CLERK