November 20, 2008  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

 

No. 26 City Council Regular Meeting, Thursday, November 20, 2008, 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, TEJADA and YURDIN – 13.

 

ABSENT:              COUNCILMEN WOOD and COUNCILWOMAN YOUNG – 2.

                                         

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

 

 

INVOCATION

 

              The Invocation is given by COUNCILMAN LUIS A. APONTE.

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              THE NORTH END FALL BALL TEAM 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. 16 of the Regular Meeting of the City Council held June 19, 2008; Journal of Proceedings No. 17 of the Regular Meeting of the City Council held July 3, 2008 and Journal of Proceedings No. 18 of the Regular Meeting of the City Council held July 17, 2008, are approved, as printed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

 

ORDINANCES SECOND READING

 

              The Following Ordinances were in City Council November 6, 2008, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance Amending Chapter 7-51, Section 2 of the Code of Ordinances, Establishing the Position of City Energy and Sustainability Manager. 

             

              An Ordinance Amending Section 9-28 in Article II of Chapter 9 of the Code of Ordinances Entitled: “Offenses and Miscellaneous Provisions”. 

 

              COUNCILMAN HASSETT Moves to Dispense with the Reading of the foregoing matters 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, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN – 13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN WOOD and COUNCILWOMAN YOUNG – 2.

 

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

 

 

PRESENTATION OF ORDINANCE

 

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

 

              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 13-218.

 

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

 

             

PRESENTATION OF RESOLUTIONS

 

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

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Nicholas J. Narducci, Jr. on November 17, 2008.

 

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

 

              The Motion for Passage is Sustained.

 

 

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

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Seth Yurdin on November 30, 2008.

 

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCIL PRESIDENT MANCINI:

 

              Resolution Requesting the City of Providence to donate a crane and trailer, obsolete pieces of equipment to the “Hope of Life Ministries, Inc.” for use in Llanoverde, Zacapa, Guatemala.

 

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

 

              The Motion for Passage is Sustained.

 

 

              COUNCILMAN HASSETT:

 

              Resolution Requesting the Traffic Engineer to cause a “No Parking Anytime” Restriction along one side of Sparrow Street.

             

              COUNCILMAN NARDUCCI: 

 

              Resolution Requesting the Traffic Engineer to cause the replacement of all “No Parking” Signs along Coggeshall Street.

 

              Resolution Requesting the Traffic Engineer to cause the installation of a “Curb Your Dog” Sign in front of 56 Coggeshall Street.

 

              COUNCILMAN LOMBARDI (By Request):

             

              Resolution Requesting the Traffic Engineer to cause the installation of speed bumps the length of the tunnel on West Exchange Street.

 

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

 

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

 

              COUNCILMAN LOMBARDI:

 

              Resolution Urging the Rhode Island General Assembly to enact Legislation allowing for GPS Monitoring of Domestic Abusers.

 

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

 

              The Motion for Passage is Sustained.

 

              Resolution Urging the Parks Department to Improve all Public Fountains.

 

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

 

              The Motion for Passage is Sustained.

 

 

REPORTS FROM COMMITTEES

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

 

              Transmits the Following with Recommendation the Same Severally Approved:

 

              Resolution, Together with the accompanying copy of the Collective Bargaining Agreement between the School Department and the Rhode Island Laborers’ District Council effective July 1, 2007 to June 30, 2008.  (Teacher Assistants)

 

              Resolution, Together with the accompanying copy of the Collective Bargaining Agreement between the School Department and the Rhode Island Laborers’ District Council effective July 1, 2008 to June 30, 2011.  (Teacher Assistants)

 

              COUNCILMAN APONTE 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.             

 

              Communication from His Honor the Mayor dated October 21, 2008, 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. Jodi Glass of 254 4th Street, Providence, Rhode Island 02906, to the Human Relations Commission to fill the current vacancy that exists on the Commission for a term to expire in January 2009, and respectfully submits the same for your approval. (Ms. Glass will complete the unexpired term of Ms. Joan Gelch who resigned from the commission).

 

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

 

              The Motion for Passage is Sustained.

 

              COUNCILMAN HASSETT Moves to Reconsider items 17 and 18 on the docket, seconded by COUNCILMAN DELUCA.

 

              Resolution, Together with the accompanying copy of the Collective Bargaining Agreement between the School Department and the Rhode Island Laborers’ District Council effective July 1, 2007 to June 30, 2008.  (Teacher Assistants)

 

              Resolution, Together with the accompanying copy of the Collective Bargaining Agreement between the School Department and the Rhode Island Laborers’ District Council effective July 1, 2008 to June 30, 2011.  (Teacher Assistants)

 

              COUNCILMAN HASSETT Moves to Dispense with the Reading of the foregoing matter and Moves Passage of the Several Resolutions, 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 and YURDIN – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN TEJADA, WOOD and COUNCILWOMAN YOUNG – 3.

 

              The Motion for Passage of the Several Resolutions is Sustained.

 

              Communication from His Honor the Mayor dated October 21, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 814 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Mr. Robert A. Kumins of 4 Cole Farm Court, Providence, Rhode Island 02906, to the Board of Tax Assessment Review to fill the current vacancy that exists on the Board for a term to expire in January 2010, and respectfully submits the same for your approval. (Mr. Kumins will complete the unexpired term of the late Mafalda Cascione).

 

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

 

              The Motion for Passage is Sustained.

 

              Communication from His Honor the Mayor dated October 20, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 415 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Mr. Morris Weintraub of 40 Brookway Road, Providence, Rhode Island 02906, to the Salary Review Commission to fill the current vacancy that exists on the Commission for a term to expire in January 2011, and respectfully submits the same for your approval. (Mr. Weintraub will fill the unexpired term of Wallace R. Demary, Jr., who resigned effective October 1, 2008).

 

              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 October 27, 2008, 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. Donna Williams of 94 Walton Street, Providence, Rhode Island 02908, to the Human Relations Commission to fill the current vacancy that exists on the Commission for a term to expire in January 2011, and respectfully submits the same for your approval. (Ms. Williams will complete the unexpired term of Mr. Pich Chhoeun who moved out of state).

 

              Read and Denied without Prejudice, on motion of COUNCILMAN HASSETT, seconded by COUNCILMAN DELUCA.

 

             

COMMITTEE ON ORDINANCES

COUNCILMAN MICHAEL A. SOLOMON, Chairman

 

              Transmits the Following with Recommendation the Same be Adopted:

 

              An Ordinance Amending Chapter 23 of the Providence Code of Ordinances, Entitled: “Streets, Sidewalks and Public Places”, Article I, to add Sections Relating to Utility Services.

 

              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, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LOMBARDI, LUNA, NARDUCCI, SOLOMON and YURDIN – 12.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN TEJADA, WOOD and COUNCILWOMAN YOUNG – 3.

 

              The Motion for Passage the First Time is Sustained.

 

 

COMMUNICATIONS AND REPORTS

 

              Communication from Robert Rocchio, Managing Engineer, Rhode Island Department of Transportation, submitting the Construction and Maintenance Agreement for Traffic Signal Improvements to the Angell Street and Waterman Street corridors.

 

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

 

              Communication from Thomas M. Brady, Superintendent, Providence School Department, submitting the Collective Bargaining Agreement by and between the Providence School Board and the Rhode Island Laborers’ District Council on behalf of Public Employees’ Local Union 1033 of the Laborers’ International Union of North America, Effective July 1, 2007 through June 30, 2008. (Bus Monitors)

 

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

 

              Communication from Thomas M. Brady, Superintendent, Providence School Department, submitting the Collective Bargaining Agreement by and between the Providence School Board and the Rhode Island Laborers’ District Council on behalf of Public Employees’ Local Union 1033 of the Laborers’ International Union of North America, Effective July 1, 2008 through June 30, 2011. (Bus Monitors)

 

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

 

              Communication from Thomas M. Brady, Superintendent, Providence School Department, submitting the Collective Bargaining Agreement between the Providence School Board and the Rhode Island Laborers’ District Council on behalf of Local Union 1033, Affiliate of the Laborers’ International Union of North America, AFL-CIO, Effective July 1, 2007 through June 30, 2008. (Crossing Guards)

             

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

 

              Communication from Thomas M. Brady, Superintendent, Providence School Department, submitting the Collective Bargaining Agreement between the Providence School Board and the Rhode Island Laborers’ District Council on behalf of Local Union 1033, Affiliate of the Laborers’ International Union of North America, AFL-CIO, Effective July 1, 2008 through June 30, 2011. (Crossing Guards)

 

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

             

FROM THE CLERK’S DESK

 

              Petitions for Compensation for Injuries and Damages. Viz:

 

Israel Garcia

   d/b/a Capitol City Auto Sales

Mario D’Artista

Elaine Ferris

   (Marianne E. Santoro, Esquire)

Michael Cote

Raymond C. Carrara

Barbara Sutton

   (Paul V. Sullivan, Esquire)

Progressive Casualty Insurance

   a/s/o Joseph Lataille

Samuel Sanchez

   (G. Eben Milne, Esquire)

Thomas George Associates, Ltd.

   a/s/o Liberty Mutual Insurance/ Daniel

   Pena

 

              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.

 

 

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 Matter Not Appearing on the Printed Docket.

 

PRESENTATION OF ORDINANCES

 

 

              COUNCILMAN IGLIOZZI:

 

              An Ordinance in Amendment of Chapter 2008-43, No. 381, Approved October 8, 2008, Entitled: “An Ordinance in Amendment of Chapter 2007-44, Approved July 31, 2007 of the Code of Ordinances of the City of Providence making an Appropriation of Six Hundred Forty Million, Five Hundred Ninety Two Thousand, Eighty Five Dollars ($640,592,085) for the Fiscal Year Ending June 30, 2009, As Amended.”

 

An Ordinance in Amendment of Chapter 2008-42, No. 380, Approved October 8, 2008, Entitled: “An Ordinance Establishing a Compensation Plan for the City of Providence and Repealing Ordinance Chapter 2007-45, No. 424, Approved July 31, 2007, As Amended.”

 

              An Ordinance in Amendment of Chapter 2008-44, No. 382, Approved October 8, 2008, Entitled: “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 2007-46, No. 425, Approved July 31, 2007, As Amended.”

             

              COUNCIL PRESIDENT MANCINI Refers the Several Ordinances 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 at 7:35 o’clock P.M. (E.S.T.), to meet again THURSDAY, DECEMBER 4, 2008 at 7:00 o’clock P.M. (E.S.T.)

 

 

 

                                                                                                                ANNA M.  STETSON

                                                                                                                CITY CLERK