July 16, 2009  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 17 City Council Regular Meeting, Thursday, July 16, 2009, 7:00 o’clock P.M. (E.D.T)

 

PRESIDING

 

COUNCIL PRESIDENT

PETER S. MANCINI

 

ROLL CALL

 

PRESENT:               COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, HASSETT, JACKSON, LOMBARDI, LUNA, NARDUCCI, SOLOMON,  WOOD and YURDIN – 11.

 

ABSENT:               COUNCILWOMAN DIRUZZO, COUNCILMEN IGLIOZZI, TEJADA and COUNCILWOMAN YOUNG – 1.

 

              (SUBSEQUENTLY COUNCILMAN IGLIOZZI and TEJADA 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, Deputy City Solicitor.

 

 

INVOCATION

 

              The Invocation is given by COUNCILMAN LUIS APONTE.

             

 

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

COUNCIL PRESIDENT PETER S. MANCINI Leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

 

 

APPOINTMENTS BY HIS HONOR THE MAYOR

 

Communication dated June 29, 2009 Informing the Honorable Members of the City Council that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Mr. John Baldwin of 60 Wright Lane, Jamestown, Rhode Island 02835, who owns Oster Pewter located at 351 Harris Avenue, Providence, Rhode Island 02909, as a member of the Providence Economic Development Partnership for a term to expire on June 30, 2011.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

              COUNCILMAN TEJADA JOINS THE MEETING.

 

Communication dated July 2, 2009 Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1016 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Mr. Kas R. DeCarvalho of 154 Miller Avenue, Providence, Rhode Island 02905, to the Port Commission for a term to expire in May, 2010.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

Communication dated July 9, 2009 Informing the Honorable Members of the City Council that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980 and Section 42-63.1-11 of the Rhode Island General Laws, he is this day appointing Mr. Alan S. Swerdloff, Regional Director for the  Procaccianti Group, Providence, Rhode Island 02903, to the Greater Providence-Warwick Convention and Visitors Bureau for a term to expire on June 30, 2010. (Mr. Swerdloff will be completing the term of Mr. Sam Guedouar, who is no longer with the Westin)

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

ORDINANCES SECOND READING

 

              The Following Ordinances were in City Council July 2, 2009, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance in Amendment of the Code of Ordinances, Chapter 13 Entitled: “Housing”, Article X Entitled: “Responsibilities of Owners, Operators and Occupants,” to add Sections 13-213 through 13-217. 

 

 

An Ordinance in Amendment of the Code of Ordinances, Chapter 13 Entitled: “Housing”, Article X Entitled: “Responsibilities of Owners, Operators and Occupants,” to add Sections 13-218 through 13-220. 

 

              COUNCILMAN HASSETT Moves to Dispense with the Reading of the foregoing matter and Moves Passage of the Several Ordinances the Second  Time, seconded by COUNCILMAN DELUCA, by the following Roll Call Vote:

 

AYES:               COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, HASSETT, JACKSON, LUNA, NARDUCCI, SOLOMON, TEJADA, WOOD and     YURDIN – 11.

 

NAYES:               NONE.

 

ABSENT:               COUNCILWOMAN DIRUZZO, COUNCILMEN IGLIOZZI, LOMBARDI and COUNCILWOMAN YOUNG – 4.

 

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

 

              COUNCILMAN IGLIOZZI JOINS THE MEETING.

 

             

              An Ordinance Relative to Clean Diesel

 

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

 

AYES:               COUNCILMEN APONTE, HASSETT, IGLIOZZI, JACKSON, LUNA, NARDUCCI, SOLOMON, TEJADA,  WOOD and YURDIN – 10.

 

NAYES:               COUNCIL PRESIDENT MANCINI and COUNCILMAN  DELUCA – 2.

 

ABSENT:               COUNCILWOMAN DIRUZZO, COUNCILMAN LOMBARDI and COUNCILWOMAN YOUNG – 3.

 

              The Motion for Passage the Second Time is Sustained.

 

PRESENTATION OF ORDINANCES

 

              COUNCILWOMAN DIRUZZO, (By Request):

 

An Ordinance Amending the Community Development Block Grant Budget for Year 35 and Authorizing the Department of Planning and Development to submit the revised CDBG, HOME, ADDI, ESG and HOPWA Budget and Application to the U.S. Department of Housing and Urban Development.

 

              COUNCIL PRESIDENT MANCINI Refers the Ordinance to the Committee on Urban Redevelopment, Renewal and Planning.

 

              COUNCILMAN HASSETT:

 

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.

 

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

 

 

              COUNCILMAN LOMBARDI:

 

An Ordinance in Amendment of Chapter 2005-22, No. 110, Dated March 23, 2005, Establishing and Granting a Tax Stabilization Plan for Intercontinental Fund IV Waterplace, LLC with Respect to Assessor’s Plat 19, Lot 102 of the City of Providence.

 

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

 

 

An Ordinance Establishing and Granting a Tax Stabilization Plan for Mercantile Block, LLC, with respect to Assessor’s Plat 25, Lot 170 of the City of Providence.

 

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

 

PRESENTATION OF RESOLUTIONS

             

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

 

Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Terrence M. Hassett on August 22, 2009.

 

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

 

              The Motion for Passage is Sustained.

 

 

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

 

Resolution Honoring Representative Thomas Slater For His Years of Service to the People of Rhode Island.

             

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCILMAN APONTE, (By Request):

 

Resolution Requesting the abatement of taxes on the property located at Plat 48, Lot 662 (433 Prairie Avenue) on behalf of Good News Housing/Community Land Trust, Inc.

 

Resolution Requesting the abatement of taxes on the property located at Plat 60, Lot 69 (222 Sackett Street) on behalf of Convivencia Housing Cooperative.

 

Resolution Requesting the abatement of taxes on the property located at Plat 47, Lot 1 (810 Eddy Street) on behalf of Omni Housing Development Corporation.

 

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

 

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

 

              COUNCILMAN LOMBARDI:

 

Resolution Requesting the Department of Recreation to comply with the Virginia Graeme Baker Pool and Spa Safety Act.

 

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

 

              The Motion for Passage is Sustained.

 

 

COUNCILMAN LUNA, COUNCILMEN APONTE and HASSETT:

 

Resolution in Support of Participatory Democracy, Condemning the Coup in Honduras, and Calling for the Immediate Reinstatement of the Country’s Democratically Elected President.

 

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

 

              The Motion for Passage is Sustained.

 

Resolution Requesting to Amend Resolution No. 187, Effective April 27, 2009, relative to the creation of a Special Committee of the City Council, Entitled: “Special Committee to Study and make amendments to PERA”,  for an additional 90 day period.  

 

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCILMAN NARDUCCI:

 

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Salina Street in its entirety.

 

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Hawkins Street in its entirety.

 

Resolution Requesting the Chief Electrical Inspector to cause the replacement of the street light located on Pole #49 on the corner of Lakeside Street and Emerson Street.

 

Resolution Requesting the Director of Public Works to cause the storm drains to be cleaned along Langdon Street in its entirety.

 

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

             

              The Motion for Passage of the Several Resolutions is Sustained.

              COUNCILMAN HASSETT:

 

Resolution Requesting National Grid to cause the removal of the excess wiring on Pole Number 4 located on Andem Street.

 

Resolution Requesting the Director of Public Works and/or the Superintendent of Sewers to cause the sewers to be cleaned in the vicinity of 24 Andem Street.

 

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

             

              The Motion for Passage of the Several Resolutions is Sustained.

 

Resolution Requesting the Traffic Engineer to cause the installation of flashing pedestrian lights at the crosswalk located between 243 and 244 Smith Street.

 

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

 

Resolution Requesting the Traffic Engineer to cause the installation of  “Four Way Stop” Signs at the intersection located at Berlin Street and Andem Street.

 

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

 

 

              COUNCILMAN WOOD (By Request):

 

Resolution Requesting the Tax Assessor to apply the elderly Homestead Exemption to the property located on Assessor’s Plat 86, Lot 177 (77 Everett Street) for tax year 2006.  

 

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

 

 

REPORTS FROM COMMITTEES

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

 

              Transmits the Following with Recommendation the Same be Approved:

 

Communication from His Honor the Mayor dated June 11, 2009, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1103 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Ms. Padee Thao of 89 Sackett Street, Providence, Rhode Island 02907, to the Human Relations Commission for a term to expire in January 2012, and respectfully submits the same for your approval.  (Ms. Thao will replace Bishop Robert Farrow, whose term expired in January, 2009)

 

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

 

              The Motion for Passage is Sustained.

 

              Transmits the Following with Recommendation the Same be Denied Without Prejudice:

 

Communication from His Honor the Mayor dated June 11, 2009, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1103 of the Providence Home Rule Charter of 1980, as amended, he is this day re-appointing Ms. Jodi Glass of 254 4th Street, Providence, Rhode Island 02906, to the Human Relations Commission for a term to expire in January 2012, and respectfully submits the same for your approval. 

 

              COUNCILMAN HASSETT Moves To Deny Without Prejudice the foregoing Communication, seconded by COUNCILMAN DELUCA.

 

 

COMMITTEE ON CLAIMS AND PENDING SUITS

COUNCILMAN NICHOLAS J. NARDUCCI, JR., Chairman

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

Certificates from City Assessor (13N and 14N), 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.

 

              COUNCILMAN HASSETT Moves Passage of the Several Certificates, seconded by COUNCILMAN DELUCA, by the Following Roll Call Vote:

 

AYES:               COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, HASSETT, JACKSON, NARDUCCI, SOLOMON, TEJADA and WOOD – 9.

 

NAYES:               NONE.

 

ABSENT:               COUNCILWOMAN DIRUZZO, COUNCILMEN IGLIOZZI, LOMBARDI, LUNA, COUNCILWOMAN  YOUNG and COUNCILMAN YURDIN – 6.

 

              The Motion for Passage of the Several Certificates is Sustained.

 

             

COMMUNICATIONS AND REPORTS

 

Communication from Council President Peter S. Mancini, dated July 7, 2009, Informing the City Clerk that he is this day appointing Ruth M. Colwill, Department of Psychology, PO  Box 1853, Brown University, Providence, RI 02912 as a Public Member to the “Special Commission to Investigate and make Recommendations Regarding the Administration and Operation of the Providence Animal Control Center.”

 

Communication from Council President Peter S. Mancini, dated July 7, 2009, Informing the City Clerk that he is this day appointing Dr. Ryan Loiselle, DVM, 358 Hill Street, Coventry, RI 02816, as the member active in practice with the RI Veterinary Medical Association to the “Special Commission to Investigate and make Recommendations Regarding the Administration and Operation of the Providence Animal Control Center.”

 

Communication from Councilman Terrence M. Hassett, dated June 30, 2009, Informing the City Clerk that he is this day re-appointing Mary Jones of 100 Wayne Street, Providence, Rhode Island 02908 to the Providence External Review Authority for a three (3) year term to expire July 27, 2012.

 

Communication from Laurence K. Flynn, Executive Secretary, Board of Canvassers, dated July 9, 2009, Informing the City Clerk of the election results of the Retirement Board Special Election for one Active Class B Member-Police held on July 9, 2009.              

 

Communication from Anna M. Stetson, City Clerk, dated July 1, 2009, of all monies received, transmitted to and credited by the City Collector for fiscal quarter of April 1, 2009 to and including June 30, 2009.

 

Communication from Anna M. Stetson, City Clerk, dated July 1, 2009, of all monies received, transmitted to and credited by the City Collector for fiscal year ending June 30, 2009.

 

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

 

              COUNCIL PRESIDENT MANCINI Receives the Several Communications.

 

 

FROM THE CLERK’S DESK

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Robert D. Carcieri

   (Richard A. Sinapi, Esquire)

Jean Ardente

Virginia Lewis

Susan M. Richardson

Leonel Bonilla

Ariel Reyes and Miguel Rosario

   (Jimmy Burchfield, Jr., Esquire)

Noe Cabrera

Christina Coito

Erica Nunez

   (Christopher E. Fay, Esquire)

Ivan Jimenez

   (Christopher E. Fay, 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. 

 

              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.  

 

              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.

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA, it is voted to adjourn at 7:35 o’clock P.M. (E.D.T.), to meet again MONDAY, JULY 27, 2009 at 5:30 o’clock P.M. (E.D.T.)

 

 

ANNA M.  STETSON

CITY CLERK