January 8, 2009  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 1 City Council Regular Meeting, Thursday, January 8, 2009, 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, NARDUCCI, SOLOMON, TEJADA, WOOD and YURDIN – 13.

 

ABSENT:              COUNCILMAN LUNA and COUNCILWOMAN YOUNG – 2.

                                         

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 COUNCILWOMAN JOSEPHINE DIRUZZO.

             

                           

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 December 16, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1101 of the Providence Home Rule Charter of 1980, as amended, he is this day re-appointing Mr. Everett Bianco of 170 Gentian Avenue, Providence, Rhode Island 02908, to the Water Supply Board for a term to expire in January 2013.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

              Communication dated December 16, 2008, 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 Rhode Island Public Law of 1980, Chapter 84, he is this day re-appointing Mr. John J. McConnell, Jr., of 750 Elmgrove Avenue, Providence, Rhode Island 02906, as a member of the Providence Tourism Council for a term to expire in April 2012.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

              Communication dated December 11, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1003 of the Providence Home Rule Charter of 1980, as amended, he is this day re-appointing Ms. Sara Shea McConnell of 750 Elmgrove Avenue, Providence, Rhode Island 02906, to the Board of Park Commissioners for a term to expire in January 2013.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

              Communication dated December 16, 2008, 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 Rhode Island Public Law of 1980, Chapter 84, he is this day re-appointing Mr. Matt Montgomery of 100 Freeman Parkway, Providence, Rhode Island 02906, as a member of the Providence Tourism Council for a term to expire in June 2012.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

             

PRESENTATION OF ORDINANCES

 

              COUNCILMEN HASSETT, IGLIOZZI and NARDUCCI:

 

              An Ordinance Relating to the Collection of Property Taxes in Quarterly Payments.

 

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

 

             

              COUNCILMAN NARDUCCI and COUNCILMAN SOLOMON:

 

              An Ordinance Amending Section 23-13, “Removal of Snow Required”, Section 23-14, “Same Deposit Restricted”, and Section 23-15, “Depositing Snow on Highway”, of Article I of Chapter 23, “Streets, Sidewalks and Public Places”, of the Providence Code of Ordinances.

 

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

              COUNCILMAN LUNA JOINS THE MEETING.

 

 

              COUNCILMAN SOLOMON (By Request):

 

              An Ordinance in Amendment of Chapter 27 of the Code of Ordinances of the City of Providence, Entitled: “The City of Providence Zoning Ordinance”, Approved June 27, 1994, As Amended.

 

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

 

              An Ordinance in Amendment of Chapter 27 of the Code of Ordinance of the City of Providence, Entitled: “The City of Providence Zoning Ordinance”, Approved June 27, 1994, As Amended, to amend Section 423 – Special Flood Hazard Areas and Article X.

 

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

 

 

              COUNCILMAN WOOD (By Request):

             

              An Ordinance in Amendment of the Code of Ordinances to add Section 22-16 “Allowance for members of the School Board”, relating to Article VII, Section 704 of the Providence Home Rule Charter.

 

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

 

 

PRESENTATION OF RESOLUTIONS

 

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

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Joseph DeLuca on January 20, 2009.

 

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

 

              The Motion for Passage is Sustained.

 

 

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

 

              Resolution Extending Sincere Best Wishes to Kathy Rossi for a complete and speedy recovery from her recent injury.

 

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCILMAN APONTE and COUNCILMAN TEJADA

              (By Request):

 

              Resolution Requesting to cancel or abate in whole, the taxes assessed upon Assessor’s Plat 68, Lot 753 (58 Wayne Street), in the amount of Six Thousand Four Hundred Ninety Three Dollars and Forty Eight ($6,493.48) Cents, along with any associated interest, penalties and intervening taxes, in accordance with Rhode Island General Law 44-7-23 and that the property is declared exempt in accordance with Rhode Island General Law 45-32-40 while under PRA ownership.

 

              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 112, Lot 28 (62 Merino Street), for the years 2004, 2005, 2006 and 2007.

 

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

 

 

              COUNCILMAN LOMBARDI:
 

              Resolution Requesting the Internal Auditor to investigate any and all purchases of police uniforms and equipment in the past year, especially emergency purchases.

 

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

 

              The Motion for Passage is Sustained.

 

 

              Resolution Requesting a full explanation from the Acting Purchasing Director relative to the change of the police uniform contract, with full and thorough disclosure relative to the contract, the amounts, realized saving and when it was done.

 

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

 

              The Motion for Passage is Sustained.

 

              Resolution Requesting certain requirements of applicants applying for Tax Incremental Financing (TIF) and/or Tax Stabilizations.

 

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

 

              Resolution Requesting to rename Laurel Hill Avenue Elementary School in memory of the late Frank D. Spaziano.

 

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

 

 

              COUNCILMAN NARDUCCI:

             

              Resolution Requesting the Chief Electrical Inspector to cause the upgrade, and/or replacement, of street lighting on Poles numbered 139, 154 and 166 located on Charles Street.

 

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

 

              The Motion for Passage is Sustained.

             

              Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting on Pole number 12 located at the corner of Silver Spring Street and DePinedo Street.

 

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCILMAN NARDUCCI and COUNCILMAN LUNA

              (By Request):

 

              Resolution Requesting to approve the extension of the Trigg’s Lease, as approved by the Board of Park Commissioners.

 

              COUNCIL PRESIDENT MANCINI Refers the Resolution to the Committee on City Property.

 

 

              COUNCILMAN SOLOMON:

 

              Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting in front of 138-140 Oakland Avenue to 27,500 lumen.

 

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

 

              The Motion for Passage is Sustained.

 

 

              Resolution Requesting the Traffic Engineer to cause the replacement of the “No Thru Trucking” Signs at Oakland Avenue and Smith Street.

 

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

 

              Resolution Requesting the Traffic Engineer to cause the replacement of the “No Thru Trucking” Signs at Eaton Street and Oakland Avenue.

 

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

 

              COUNCILMAN HASSETT Moves to Reconsider items number 25 and 26, seconded by COUNCILMAN DELUCA.

 

             

              COUNCILMAN SOLOMON:

 

              Resolution Requesting the Traffic Engineer to cause the replacement of the “No Thru Trucking” Signs at Oakland Avenue and Smith Street.

 

              Resolution Requesting the Traffic Engineer to cause the replacement of the “No Thru Trucking” Signs at Eaton Street and Oakland Avenue.

 

              COUNCILMAN HASSETT Moves Passage of the Several Resolutions, seconded by COUNCILMAN DELUCA.

 

              The Motion for Passage is Sustained.

 

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

 

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

 

              An Ordinance in Amendment of Chapter 2008-26, Number 189, Effective April 27, 2008, Entitled: “An Ordinance in Amendment of Chapter 2008-12, Number 36, Approved January 28, 2008, Entitled: “An Ordinance Establishing a Compensation Plan for the Water Supply Board and Repealing Ordinance Chapter 2007-11, Approved January 2, 2007, As Amended.

 

              An Ordinance in Amendment of Chapter 2008-25, Number 188, Effective April 27, 2008, Entitled: “An Ordinance in Amendment of Chapter 2008-11, Number 35, Approved January 28, 2008, Entitled: “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 2007-12, Approved January 2, 2007, As Amended.

 

              An Ordinance in Amendment of Chapter 2008-26, Number 189, Effective April 27, 2008, Entitled: “An Ordinance in Amendment of Chapter 2008-12, Number 36, Approved January 28, 2008, Entitled: “An Ordinance Establishing a Compensation Plan for the Water Supply Board and Repealing Ordinance Chapter 2007-11, Approved January 2, 2007, As Amended. 

 

 

              Transmits the Following with Recommendation the Same be Severally Adopted:

 

              An Ordinance making an Appropriation of Sixty Four Million Five Hundred Twenty Four Thousand Six Hundred Thirty Eight Dollars ($64,524,638) for the support of the Providence Water Supply Board for the Fiscal Year ending June 30, 2009. 

 

              An Ordinance making an Appropriation of Seven Million Three Hundred Ninety Nine Thousand Seven Hundred Thirty Nine Dollars ($7,399,739) for the Water Supply Board Water Quality Protection Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of Six Million Two Hundred Seventy Five Thousand Six Hundred Eight Dollars ($6,275,608) for the Water Supply Board Capital Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of Fifty Eight Million Six Hundred Twenty Nine Thousand Four Hundred Nine Dollars ($58,629,409) for the Water Supply Board Infrastructure Replacement Program Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of Two Million Nine Hundred Eighty Seven Thousand Eight Hundred Twenty Two Dollars ($2,987,822) for the Water Supply Board Insurance Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of One Million One Hundred Eighty Six Thousand Four Hundred Ninety Six Dollars ($1,186,496) for the Water Supply Board Meter Replacement Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of One Million Six Hundred Ninety Nine Thousand Nine Hundred Twenty Nine Dollars ($1,699,929) for the Water Supply Board Equipment Replacement Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of One Million Six Hundred Sixty Thousand Two Hundred Sixteen Dollars ($1,660,216) for the Water Supply Board Revenue Reserve Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of One Million One Hundred Seventy Four Thousand Nine Hundred Ninety One Dollars ($1,174,991) for the Water Supply Board Property Tax Refund Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of One Million Five Hundred Eight Thousand Three Hundred Fourteen Dollars ($1,508,314) for the Water Supply Board Western Cranston Fund for the Fiscal Year Ending June 30, 2009. 

 

              An Ordinance making an Appropriation of Three Million Four Hundred Ninety Four Thousand Six Hundred Forty Two Dollars ($3,494,642) for the Water Supply Board Chemical and Sludge Fund for the Fiscal Year Ending June 30, 2009. 

 

An Ordinance in Amendment of Chapter 2008-25, Number 188, Effective April 27, 2008, Entitled: “An Ordinance in Amendment of Chapter 2008-11, Number 35, Approved January 28, 2008, Entitled: “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 2007-12, Approved January 2, 2007, As Amended. 

 

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

 

AYES:              COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, NARDUCCI, SOLOMON, TEJADA, WOOD and YURDIN – 13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMAN LOMBARDI and COUNCILWOMAN YOUNG – 2.

 

              The Motion for Passage of the Several Resolutions the First Time is Sustained.

 

             

COMMUNICATIONS AND REPORTS

 

              Communication from David A. Schechter, 19 Overhill Road, Providence, Rhode Island 02906, dated December 8, 2008, submitting his resignation as a member and Vice-Chairman of the Salary Review Commission.             

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

 

PERSONAL EXPRESSION

 

              COUNCILMAN APONTE Requests the Privilege of the floor to speak on a Point of Personal Expression and states:

 

              “Mr. President, I, like many of my colleagues saw the Governor’s press conference yesterday.  I’m sure we all heard the previous days and weeks and months about this upcoming press conference and the effort that would be needed on behalf of state leaders to help pull Rhode Island out of this economic crisis.  Well, over the holidays I received from a dear friend a book of ancient Chinese proverbs and amongst the many proverbs there was a symbol and the symbol was interesting inasmuch the character represented the meaning not only of crisis but of opportunity.  So it was with that thought in mind that I felt myself compelled to say something about what I heard yesterday and what I’ve heard in the days and weeks prior to yesterday.  We’ve heard time and time again about how “everything is on the table”, and I think we would be remised if we didn’t try to understand what that means for the City of Providence.  We heard some of the suggestions that the Governor made about cuts to cities and towns and in exchange for that there was some relief from minimum manning standards.  There was some relief from assuring that we had bus monitors on our public school buses.  Some other relief that probably wouldn’t be realized in the budget year but may have some impact in the upcoming years.  It occurred to me that I’m not sure they understand from the City of Providence’s vantage point what “everything is on the table” should mean.  A few moments ago the Council passed the budget for the Providence Water Supply Board, guaranteeing and utilizing our good faith and credit to guarantee loans and tens of millions of dollars.  Yet, that same water supply does not yield for us one cent of revenue.  Should that be on the table?  The City of Providence is home to numerous tax exempt institutions who benefit the entire state.  Payroll taxes, sales taxes, income taxes, but do precious little for the economic well being of our city.  Should that be on the table?  I think there is an absence, a deafening absence, of the voice of the City of Providence in these discussions, and I think part of the role and I would really call on my colleagues.  We would be remised if we did not take this opportunity to involve ourselves very directly in what this means.  Yes, we are in a crisis, but in a crisis there is opportunity and there are structural problems in this budget.  We’re approaching the tipping point where our tax base will be close to or over 50 percent exempt before the end of this decade.  It is unsustainable.  So when we start talking in the public about having fewer firefighters on trucks, having fewer trucks, having fewer resources available to school children in the Providence School district.  When we start talking about having no bus monitors on our school buses, let’s talk about these other things because if it’s easy enough to put our families in our city and children in peril and cause them to receive less because “everything is on the table.”  Well, then those who have built up tremendous endowments at the cost of the citizens of this city, I would say to you, that if nothing else, that should be on the table, and if we’re looking for legislative priority this year, I would suggest very humbly and very strongly, that that should be it.  Thank you Mr. President.”

 

             

FROM THE CLERK’S DESK

 

              Certificates from City Assessor (5N and 6N), 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 MANCINI Refers the Several Certificates to the Committee on Claims and Pending Suits.

 

              Petitions for Compensation for Injuries and Damages, viz:

 

Elizabeth N. Schwengel

Miguel Sanchez

   (Christopher E. Fay, Esquire)

Amica Insurance

   a/s/o Edmund A. Varin, Jr.

Virginia Rehm

   (Carl S. Levin, Esquire)

Arabella Insurance Group

   a/s/o David P. Campbell

Progressive Northwestern Insurance

   Company a/s/o Pablo Segura

Karla Bergmann

Norris Waldron

Alfredo E. DeLucia

Hannah Voltson

Dmitry Meyerson

Luz Carrasquillo

   (Christopher E. Fay, Esquire)

James Rose

Jonathan Bergollo

   (Andrew S. Caslowitz, Esquire)

Commerce Insurance

   a/s/o Gilbert J. Stansfield

Brandon Burns

Nationwide Insurance

   a/s/o Vincenzo Vescera

Esteban Guerrero

Anna J. Stapleton

Karen M. Porto

Paula J. Prokop

Mehdi Moutahir

Alejandro Suarez

Rosa M. Almeida

Donald F. DiScullio, Sr.

Christine Kelly-Hill

Kehinde O. Adegoke

Melanie Janelle

Progressive Casualty Insurance Company

   a/s/o Martha Habib

Luz Rivera

   (Christopher E. Fay, Esquire)

C. Marissa Alikpala

 

              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 DELUCA, seconded by COUNCILMAN HASSETT.

 

              The Motion for Passage is Sustained.

 

              COUNCILMAN HASSETT Moves to Suspend Rule 2 of the Rules of the City Council to schedule the next meeting of the Council Thursday, January 22, 20008, seconded by COUNCILMAN DELUCA.

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA, it is voted to adjourn in memory of Senator Claiborne Pell at 7:30 o’clock P.M. (E.S.T.) to meet again on THURSDAY, JANUARY 22, 2008 at 7:00 o’clock P.M. (E.S.T.)

 

                                                                                                  ANNA M. STETSON

CITY CLERK