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April 3, 2008 Regular City Council Meeting

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

No. 8 City Council Regular Meeting, Thursday, April 3, 2008, 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, IGLIOZZI, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN –12.

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

ALSO PRESENT: Anna M. Stetson, City Clerk, Deborah L. Santos-Hudson, First 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 NICHOLAS J. NARDUCCI.

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

GIOVANNI GRANDE and MIKHAIL VASQUEZ Leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

AT EASE

RECONVENTION

APPROVAL OF RECORDS

Journal of Proceedings No. 16 of the Regular Meeting of the City Council held June 21, 2007; Journal of Proceedings No. 17 of the Regular Meeting of the City Council held on July 5, 2007; and Journal of Proceedings No. 18 of the Regular Meeting of the City Council Held on July 19, 2007, are severally approved as printed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN TEJADA.

APPOINTMENTS BY HIS HONOR THE MAYOR

Communication dated March 19, 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 Michael A. DeRita of 100 Isabella Avenue, Providence, Rhode Island 02908, as a member of the Building Board of Review for a term to expire in March 2013, and respectfully submits the same for your approval. (Mr. DeRita will be replacing James R. Cannon as the licensed electrician requirement for the board)

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

The Following Appointment is re-submitted for consideration. Due to unavoidable circumstances said appointee was unable to attend the hearing of the Finance Committee on February 14, 2008, and in accordance with protocol was denied without prejudice.

Communication dated March 27, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302 (b) and 1011 of the Providence Home Rule Charter of 1980, as amended, he is this day re-appointing F. Steele Blackall, III, of 113 Williams Street, Providence, RI 02906, as a member of the Building Board of Review for a term to expire in January 2013, and respectfully submits the same for your approval.

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

ORDINANCES SECOND READING

The Following Ordinances were in City Council March 20, 2008, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

An Ordinance Making an Appropriation of Five Hundred Fifty Three Thousand Nine Hundred Ninety Four Dollars ($553,994) for the Water Supply Board Revenue Reserve Fund for the Fiscal Year Ending June 30, 2008.

An Ordinance Making an Appropriation of One Million Five Hundred Fifty Two Thousand Three Hundred Seventy Nine Dollars ($1,552,379) for the Water Supply Board Property Tax Refund Fund for the Fiscal Year Ending June 30, 2008.

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

An Ordinance Creating the Industrial and Commercial Building District Tenant Relocation Program.

An Ordinance Amending the Providence Code of Ordinances to impose fines for any motorist who “Blocks the Box” of an intersection.

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 TEJADA, by the Following Roll Call Vote:

AYES: COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN –12.

NAYES: NONE.

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

The Motion for Passage of the Several Resolutions is Sustained.

PRESENTATION OF RESOLUTIONS

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

Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Leon F. Tejada on April 11, 2008.

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

The Motion for Passage is Sustained.

COUNCIL PRESIDENT MANCINI (By Request):

Resolution in Support of Senate Bill 2008-S 2848, Proclaiming May 18, 2008 as a Worldwide Neighbor Day To “Join Hands 4 Love”.

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 His Honor the Mayor to execute a deed and transfer the lot known as Assessor’s Plat 45, Lot 613 (372-374 Blackstone Street) to the Providence Redevelopment Agency 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 NARDUCCI (By Request):

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Aventine Avenue, from Paul Street to Greeley Street, to 27,500 lumen.

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Paul Street, from Charles Street to Aventine Avenue, to 27,500 lumen.

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Social Street, from Aventine Avenue to Opper Street, to 27,500 lumen.

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting along Opper Street, from Branch Avenue to Paul Street, to 27,500 lumen.

Resolution Requesting the Chief Electrical Inspector to cause the upgrade of street lighting on Pole numbers 3 & 4 located on McMillen Street.

Resolution Requesting the Traffic Engineer to cause the installation of “No Parking” Signs on the right side of Vaughan Street from Northrup Street to the top.

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

The Motion for Passage of the Several Resolutions is Sustained.

Resolution Urging the General Assembly to adopt legislation repealing the prescription drug co-pays for Medicaid eligible individuals.

COUNCIL PRESIDENT MANCINI Refers the Resolution to the Committee on State Legislation.

COUNCILMAN YURDIN:

Resolution Amending Resolution No. 385, Approved July 10, 2007, to extend the moratorium period to December 31, 2008, or such earlier period within which the City Council adopts and approves any proposed amendments to the City’s Comprehensive Plan resulting from the adoption of a Neighborhood Plan for the moratorium area.

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

The Motion for Passage is Sustained.

Resolution Urging the General Assembly to adopt legislation that increases revenue through fiscally progressive means in order to address the State’s fiscal crisis and allow for adequate and fair distribution of funds to Rhode Island cities and towns.

COUNCIL PRESIDENT MANCINI Refers the Resolution to the Committee on State Legislation.

REPORTS FROM COMMITTEES

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

Transmits the Following with Recommendation the Same be Severally Adopted:

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

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, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN –12.

NAYES: NONE.

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

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

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

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 2008-11, 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.”

AYES: COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, LOMBARDI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN –12.

NAYES: NONE.

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

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

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 Collector, No. 63, recommending the cancellation of taxes (Real Estate Tax), for various years, pursuant to Section 44-7-14 of the General Laws of Rhode Island, 1956, As Amended, as the same are determined to be uncollectible, in the amount of Ninety Eight Thousand Eight Hundred Seventy Nine Dollars and Twenty One ($98,879.21) Cents.

Certificates from City Collector, No. 64, recommending the cancellation of taxes (Real Estate Tax), for various years, pursuant to Section 44-7-14 of the General Laws of Rhode Island, 1956, As Amended, as the same are determined to be uncollectible, in the amount of Five Hundred Eighty Six Thousand Four Hundred Forty Three Dollars and Eighty Nine ($586,443.89) Cents.

Certificates from City Collector, No. 65, recommending the cancellation of taxes for the years 1995-1997, (Excise Tax) pursuant to Section 44-7-14 of the General Laws of Rhode Island, 1956, As Amended, as the same are determined to be uncollectible, in the amount of Five Million One Hundred Fifty Eight Thousand Six Hundred Eight Dollars and Forty Four ($5,158,608.44) Cents.

Certificates from City Collector, No. 66, recommending the cancellation of taxes for the years 1995-1997, (Tangible Tax) pursuant to Section 44-7-14 of the General Laws of Rhode Island, 1956, As Amended, as the same are determined to be uncollectible, in the amount of Four Million Five Hundred Twenty Eight Thousand Nine Hundred Sixty Five Dollars and Thirty Two ($4,528,965.32) Cents.

Certificates from City Collector, No. 67, recommending the cancellation of the taxes for the years 1995-2006, (Excise Tax – Deceased Taxpayers) pursuant to Section 44-7-14 of the General Laws of Rhode Island, 1956, As Amended, as the same are determined to be uncollectible, in the amount of Fifty Six Thousand Nine Hundred Twenty One Dollars and Ninety Seven ($56,921.97) Cents.

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

AYES: COUNCIL PRESIDENT MANCINI, COUNCILMEN APONTE, DELUCA, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, LUNA, NARDUCCI, SOLOMON, TEJADA and YURDIN – 11.

NAYES: NONE.

ABSENT: COUNCILMEN JACKSON, LOMBARDI, WOOD and COUNCILWOMAN YOUNG – 4.

The Motion for Passage of the Several Certificates is Sustained.

COMMUNICATIONS AND REPORTS

Communication from Laurence K. Flynn, Executive Director, Board of Canvassers, submitting the official results for the Presidential Primary held on March 4, 2008.

COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

Report of Board of Park Commissioners relative to Receipts of Certain Gifts of Moneys for the preservation and care of specified burial lots in North Burial Ground.

COUNCILMAN HASSETT Moves to Receive and Approve the foregoing Report, seconded by COUNCILMAN DELUCA.

FROM THE CLERK'S DESK

Petitions for Compensation for Injuries and Damages, viz:

Theresa Nunally

Brian P. Cummings

Lynette Kapsinow

Cristiana M. Quinn

Maria Carbone

Jana Morettini

Richard E. Kirby

Paula M. Chiodo

David M. Zarrella

Dawn Vaz

(Christopher E. Fay, Esquire)

Jeanette R. Caldarone

Michelle Roman

Christina Bain Yates

Yi Ping Chen

Erland Tarrico

David Jacobson

Commerce Insurance a/s/o Margot Wass

Thomas George Associates, Ltd.

a/s/o Liberty Mutual Insurance/Chen

Robinson

Veronica Cabrera, Aleson Cabrera &

Roberto Ustiliano

(Joseph J. Voccola, Esquire)

Robert Miller

Matthew Custodio

Michael Marino

Jacqueline Savattere

(Stephen J. Dennis, Esquire)

Susan Pollitt

Luis F. Leon p.p.a. Bryan Leon

Patrick M. Garland

Ivette Torres

Lauren Burr

Marcus Monroe

COUNCIL PRESIDENT LOMBARDI 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 7:40 o’clock P.M. (E.D.T.), to meet again THURSDAY, APRIL 17, 2008 at 7:00 o’clock P.M. (E.D.T.)

ANNA M. STETSON

CITY CLERK