December 18, 1997  Regular City Council Meeting

 

CITY OF PROVIDENCE RHODE ISLAND
CITY COUNCIL
JOURNAL OF PROCEEDINGS

 

No. 81 City Council Regular Meeting, December 18, 1997, 7:30 o’clock P.M. (E.S.T.)

 

PRESIDING

COUNCIL PRESIDENT

EVELYN V. FARGNOLI

 

ROLL CALL

 

Present:              Council President Fargnoli, Councilmen Allen, Clarkin, DeLuca, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Councilwomen Nolan, Romano, Williams and Young–14.

 

Absent:              Councilman Rollins–1.

 

INVOCATION

 

The Invocation is given by COUNCILWOMAN RITA M. WILLIAMS.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

COUNCILMAN RONALD W. ALLEN 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 November 20, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1011 of the Providence Home Rule Charter of 1980, he is this day reappointing Mr. F. Steele Blackall, III of 113 Williams Street, Providence, Rhode Island, as a Member of the Building Board of Review for a term to expire January, 2003 and respectfully submits the same for approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980 and Section 8-17 of the Code of Ordinances of the City of Providence, he is hereby reappointing Associate Justice Daniel Calenda of 296 Tabor Avenue, Providence, Rhode Island, to the Providence Housing Court for a term to expire on the first Monday in January, 2001 and respectfully submits the same for your approval.

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980 and Section 8-17 of the Code of Ordinances of the City of Providence, he is this day reappointing Associate Justice Roberto Gonzalez of 21 Obediah Brown Road, Providence, Rhode Island, to the Providence Housing Court for a term to expire on the first Monday in January, 2001 and respectfully submits the same for approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 814 of the Providence Home Rule Charter of 1980, he is this day reappointing Ms. Barbara Nonnenmacher of 10 Naples Avenue, Providence, Rhode Island, as a. Member of the Board of Tax Assessment Review for a term expiring in January, 2001 and respectfully submits the same for your approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 814 of the Providence Home Rule Charter of 1980, he is this day reappointing Ms. Mafalda Cascione of 21 Leslie Drive, Providence, Rhode Island, as a Member of the Board of Tax Assessment Review for a term expiring in January, 2001 and respectfully submits the same for your approval.

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1102 of the Providence Home Rule Charter of 1380, he is this day reappointing Mr. Raymond Dettore, Jr., of 1177 Smith Street, Providence, Rhode Island, as a Member of the Board of licenses for a term to expire on the first Monday in January, 2001 and respectfully submits the same for your approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1010 of the Providence Home Rule Charter of 1980, he is this day reappointing Mr. Sal J. Solomon of 680 Admiral Street, Providence, Rhode Island, as a Member of the Housing Board of Review for a term to expire in January, 2003 and respectfully submits the same for your approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1013 of the Providence Home Rule Charter of 1980, he is this day reappointing Mr. George Calcagni of 32 Loring Avenue, Providence, Rhode Island, as a Member of the City Plan Commission for a term to expire in January, 2003 and respectfully submits the same for approval.

__________

 

Communication dated November 21, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 415 of the Providence Home Rule Charter of 1980, he is this day appointing Ms. Jane Marie Buonocore of 190 Bowen Street, Providence, Rhode Island, as a Member of the Providence Salary Review Commission for a term to expire in January, 1999 and respectfully submits the same for approval. Ms. Buonocore will replace Ms. Rose Mendonca whose term has expired.

__________

 

Communication dated November 25, 1997, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 415 of the Providence Home Rule Charter of 1980, he is this day appointing Mr. Michael Van Leesten of 11 Belair Avenue, Providence, Rhode Island, as a Member of the Providence Salary Review Commission for a term to expire in January, 1999 and respectfully submits the same for approval. Mr. Van Leesten will replace Mr. Stephen Piscopiello who has resigned.

 

COUNCIL PRESIDENT FARGNOLI Severally Receives the Communications and Refers the Appointments to the Committee on Finance.

 

The motion to Receive and Refer is Unanimously Sustained.

__________

 

ORDINANCES SECOND READING

 

The following Ordinances were in City Council December 4, 1997, Read and Passed the First Time and are severally Returned for Passage the Second Time, as amended:

 

An Ordinance establishing a Tax Stabilization Plan for the Elliott Group on behalf of SuElle Company, as amended.

 

COUNCILWOMAN DiRUZZO moves the Ordinance by Read and Passed the Second Time, as amended, seconded by COUNCILWOMAN YOUNG.

 

COUNCILMAN DeLUCA moves that the Ordinance by Referred to the Committee on Finance, seconded by COUNCILWOMAN DiRUZZO, and having precedence over the main motion of passage, is Put to Vote and Passed.

 

The motion to Refer is Unanimously Sustained.

 

An Ordinance establishing a Tax Stabilization Plan for Venda Ravioli, Inc, as amended.

 

Read and Passed the Second Time, as amended, on motion of COUNCIL WOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, by the following Roll Call Vote:

 

Ayes:              Council President Fargnoli, Councilman Clarkin, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Councilwomen Nolan, Romano, Williams and Young–12.

 

Noes:              Councilman Allen–1.

 

Not Voting:              Councilman DeLuca–1.

 

Absent:              Councilman Rollins–1.

 

The motion for Passage the Second Time, as amended is Sustained.

__________

 

PRESENTATION OF ORDINANCE

 

COUNCILMAN ROLLINS and COUNCILMAN ALLEN (By Request):

 

An Ordinance in amendment of and in addition to Chapter 1980-27 of the Ordinances of the City of Providence approved May 3, 1980, and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the Charles Street Renewal Project” for the acquisition of Lot 176, Plat 71, 583-585 Charles Street.

 

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

 

The motion to Refer is Unanimously Sustained.

 

PRESENTATION OF RESOLUTIONS

 

COUNCIL PRESIDENT FARGNOLI:

 

Resolution Requesting the City Council to reestablish the Special Committee on Recreation.

__________

 

Resolution Requesting the City Council to reestablish the Special Committee on State Legislation.

__________

 

COUNCILMAN CLARKIN:

 

Resolution extending the sincere best wishes of the Members of the City Council to Theodore “Ted” Leonard for a complete and speedy recovery from his recent illness.

__________

 

COUNCILMAN HASSETT:

 

Resolution Requesting the Chief Electrical Inspector to cause the installation of a street light on pole No. 21, located along Academy Avenue.

__________

 

COUNCILWOMAN NOLAN (By Request):

 

Resolution Requesting the Chief Electrical Inspector to cause the installation of a street light on pole No. 10, located along Babcock Street.

__________

 

Resolution Requesting the Chief Electrical Inspector to repair the street light on pole No. 11, located at the corner of Babcock Street and Cactus Street.

 

Severally Read and Collectively Passed, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage is Unanimously Sustained.

__________

 

COUNCILMAN ROLLINS (By Request):

 

Resolution Requesting the Rhode Island Public Transit Authority to cause the installation of a bus stop shelter at the intersection of Pavilion Avenue and Eddy Street, on the east side of Eddy Street.

 

Read and Passed, on motion of COUNCILWOMAN D1RUZZ0, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage is Unanimously Sustained.

 

REPORTS FROM COMMITTEES

COUNCILWOMAN JOSEPHINE J. DiRUZZO, Chairwoman

COMMITTEE ON URBAN REDEVELOPMENT, RENEWAL AND PLANNING

 

Transmits the following with recommendation the same be severally Adopted:

 

An Ordinance in amendment of and in addition to Chapter 1979-26 of the Ordinances of the City of Providence, approved June 22, 1979, and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the West End Project” for additional acquisition.

 

An Ordinance amending Providence 2000: The Comprehensive Plan, Chapter 1994-52, No. 798 adopted on December 27, 1994, (Plainfield Street).

__________

 

An Ordinance in amendment of and in addition to Chapter 1977-5 of the Ordinances of the City of Providence, approved February 14, 1977, and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for Downtown Providence Renewal” for the acquisition of Lots 425, 426, 430, 431 and 432 on Assessor's Plat 24, as amended.

__________

 

An Ordinance in amendment of and in addition to Chapter 1977-15 of the Ordinances of the City of Providence, approved April 28, 1977, entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for Federal Hill East” for the acquisition of Plat 28, Lot 709, 108 Vinton Street.

__________

 

An Ordinance in amendment of and in addition to Chapter 1986-53 of the Ordinances of the City of Providence, approved October 23, 1986 and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the Special Vacant Lot Project” for the acquisition of additional properties.

__________

 

An Ordinance in amendment of and in addition to Chapter 1983-4 of the Ordinances of the City of Providence, approved February 18, 1983 and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the Silver Lake Revitalization Project” for the deletion of Lot 80, Plat 109, 573 Union Avenue from the property acquisition list.

 

An Ordinance in amendment of Chapter 1973-52 of the Ordinances of the City of Providence, approved December 24, 1973, entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the West Broadway NDP Urban Renewal Area (1)” for the deletion of Lot 35, Plat 8, 36 Harkness Street, from the property acquisition list.

__________

 

An Ordinance in amendment of and in addition to Chapter 1982-15 of the Ordinances of the City of Providence, approved March 26, 1982 and entitled: “An Ordinance approving and adopting the Official Redevelopment Plan for the Hartford Avenue Renewal Project” for the deletion of Lot 190 on Plat 112, 506 Hartford Avenue, from the property acquisition list.

 

Severally Read and Collectively Passed the First Time, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, by the following Roll Call Vote:

 

Ayes:              Council President Fargnoli, Councilmen Allen, Clarkin, DeLuca, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Councilwomen Nolan, Romano, Williams and Young–14.

 

Noes:              None.

 

Absent:              Councilman Rollins–1.

 

The motion for Passage the First Time is Sustained.

__________

 

Transmits the following with recommendation the same be severally Approved:

 

Resolution Requesting the Department of Planning and Development to establish a Revitalization Plan for the Smith Street Commercial District to include all areas from the Route 95 Overpass to Oakland Avenue. This request is for a Developed Plan by December 1, 1997.

 

COUNCILMAN HASSETT moves that the Resolution be amended by deleting the date “December 1, 1997” and inserting in lieu thereof “February 1, 1998”, seconded by COUNCILWOMAN DiRUZZO.

 

Read and Passed, as amended, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage, as amended is Unanimously Sustained.

__________

 

Resolution Authorizing submission of a list of buildings to be considered as “Certifiable Buildings” pursuant to R.I.G.L. 42-64.

__________

 

Resolution Requesting the Superintendent of Schools to rename the Isidor Leviton School the “Isidor Leviton School Complex”.

__________

 

Resolution Requesting a portion of Aborn Street, between Washington Street and Fountain Street be named “Adrian Hall Way”.

 

Severally Read and Collectively Passed, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage is Unanimously Sustained.

__________

 

COUNCILMAN JOHN J. LOMBARDI, Chairman

COMMITTEE ON CLAIMS AND PENDING SUITS

 

Transmits the following with recommendation the same be severally Approved for Cancellation:

 

Certificates from the City Assessor (Nos. 25A, 26A, IB through 4B, 5C, 6C, 7D and 8D) recommending the same be severally canceled pursuant to the provisions of Sections 14 and 15 of Title 44, Chapter 7 of the General Laws of the State of Rhode Island, 1956, as amended.

 

Severally Approved for Cancellation, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, by the following Roll Call Vote:

 

Ayes:              Council President Fargnoli, Councilmen Allen, Clarkin, DeLuca, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Councilwomen Nolan, Romano, Williams and Young–14.

 

Noes:              None.

 

Absent:              Councilman Rollins–1.

 

The motion to Approve for Cancellation is Sustained.

__________

 

COUNCILWOMAN PATRICIA K. NOLAN, Chairwoman

COMMITTEE ON FINANCE

and
COUNCILWOMAN JOSEPHINE J. DiRUZZO, Chairwoman

COMMITTEE ON URBAN REDEVELOPMENT, RENEWAL AND PLANNING

 

Jointly transmit the following with recommendation the same be severally Approved, as amended:

 

Resolution Requesting approval of certain expenditures of funds from the Neighborhood Program, as amended.

 

Read and Passed, as amended, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, by the following Roll Call Vote:

 

Ayes:              Council President Fargnoli, Councilmen Allen, Clarkin, DeLuca, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Councilwomen Romano, Williams and Young– 14.

 

Noes:              None.

 

Absent:              Councilman Rollins–1.

 

The motion for Passage, as amended is Sustained.

__________

 

Resolution Requesting approval for certain expenditures of funds from the Neighborhood Program, as amended.

 

COUNCILWOMAN DiRUZZO moves the Resolution be amended by inserting the following after the letter L:

 

“M. Special Projects –

 

1. Street Tree Maintenance

$200,000.00”

 

This motion is seconded by COUNCILWOMAN YOUNG.

 

Read and Passed, as amended, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, by the following Roll Call Vote:

 

Ayes:              Council President Fargnoli, Councilmen Allen, Clarkin, DeLuca, Councilwoman DiRuzzo, Councilmen Hassett, Igliozzi, Jackson, Lombardi, Mancini, Council women Nolan, Romano, Williams and Young–14.

 

Noes:              None.

 

Absent:              Councilman Rollins–1.

 

The motion for Passage, as amended is Sustained.

__________

 

COMMUNICATIONS AND REPORTS

 

FROM PAUL PINAULT, P.E., EXECUTIVE DIRECTOR OF THE NARRAGANSETT BAY COMMISSION:

 

Communication dated November 5, 1997, Director of the Narragansett Bay Commission, submitting the Commission's Fiscal Year 1998-2002 Capital Improvement Program.

Received.

__________

 

FROM THE WATER SUPPLY BOARD:

 

Communication dated December 3, 1997, to the Members of the Providence City Council.

 

COUNCIL PRESIDENT FARGNOLI Receives and Refers the Communication to the Committee on Finance.

 

The motion to Receive and Refer is Unanimously Sustained.

__________

 

PERSONAL EXPRESSION

 

COUNCILMAN DeLUCA requests the privilege of the floor to speak on a point of personal expression and states:

 

“Thank you, Madam President, before this meeting is over I just want to take a moment of personal expression to reflect some thoughts in a Journal Article which seems to be our eyes and ears, when we can’t be.

 

There was a School Board Meeting on Monday night where the Teachers Union President made some comments to the School Board regarding some 196 classrooms that were empty without teachers. They were full of students but without teachers due to a State Mandates Out of State Teacher Conference that all of these teachers were on. Then last Monday, or the previous Monday, there was another day where there were 44 classrooms without teachers and Arthur Zarella, the Superintendent of Schools, admitted that they did have these types of problems. I think that it is absurd that the Administration failed to plan and prepare for these teacher conferences.

 

The other side of the coin was a Middle School Social Studies Teacher who substituted for a math class during this crisis and he testified before the School Board that it was basically a waste of time for him, because he could not answer the students questions. I find that statement mind boggling! How can an Educated Certified Teacher have difficulty with basic math? These are 12 year old children who read and follow the instructional part of the chapter and I would hope that a Certified Teacher could do the same. Unless, and I did not know this, that 12 year old kids in middle school are currently learning the Theory of Relativity and if that is the case, I could certainly understand the Social Studies Teachers’ difficulty!”

 

FROM THE CLERK'S DESK

 

Petition of Stephen Goulding, 15 Cedar Street, Providence, Rhode Island, et al, requesting the relocation of Traveler's Aid to the Federal Hill Area.

 

COUNCIL PRESIDENT FARGNOLI Refers the Petition to the Committee on City Property.

 

The motion to Refer is Unanimously Sustained.

__________

 

Petition of Doctor H. Denman Scott and Margaret H. Scott requesting permission to place a secondary structure over the easement/ gangway area and have petitioned the City of Providence for approval of the design plans.

 

COUNCIL PRESIDENT FARGNOLI Refers the Petition to the Committee on Public Works.

 

The motion to Refer is Unanimously Sustained.

__________

 

Petitions for Compensation for Injuries and Damages, viz:

 

Nancy L. Davis

Paul Ravo

Raymond Barlavi and Ahmad Farhoumand

Joseph Ruizzo

Rose R. D’Amore

Peerless Ins. Co., a/s/o Duncan Smith

Vanessa Charlene Fortes

Stop Wasting Abandoned Property, Inc.

Amica Insurance Co., a/s/o Paul DiStefano

James Zaccaria and Donna Fariss

Olga E. Carcieri

Adele Saritelli

Florence J. Nachbar

Melvina Miller

Metropolitan Insurance Co., a/s/o Johnny Neal

Louis DePasquale

Theresa Brown

 

COUNCIL PRESIDENT FARGNOLI Severally Refers the Petitions to the Committee on Claims and Pending Suits.

 

The motion to Refer is Unanimously Sustained.

 

PERSONAL EXPRESSION

 

COUNCILMAN ALLEN requests the privilege of the floor to speak on a point of personal expression and states:

 

“It has been several months, since our colleague from the 7th Ward resigned from this Honorable Body. With his resignation came a vacancy of a third Council Member appointed to the Residency Commission. To date, that vacancy has not been filled. Hence, the wishes and directives of the Citizenry of this City who voted overwhelmingly for Residency have also not been fulfilled.

 

During my recent absence from this Council, several Residency Waivers have been scrutinized by the Finance Committee and two waivers have been voted out of that Committee with recommendation of passage, one of which passed this body by a Majority Vote of those present and with 4 of my Colleagues voting in the Negative. The other was Referred Back to Committee.

 

This Council can ill afford to grant waivers without the advice and counsel of the Residency Commission which we created. As Chairman of the Residency Commission, it is my sense that we should not meet and conduct business without the full Council appointments having been made.

 

To that end, I am asking publicly what I have asked privately over the past several months, that being that the President of this Council appoint a third member of this Five (5) Member Commission. This City Council is duly and legally bound to honor and facilitate the wishes of our electorate. It is time to stop the procrastination and honor that check issued by the voters.

 

We should not enter this New Year with that check stamped insufficient interest, insufficient attitude, or insufficient ability on our part.

 

Payment is due and in my humble opinion, long overdue.

Ladies and Gentlemen, it is time to act and act responsibly!”

 

PRESENTATION OF CITATION "In Congratulations"

 

COUNCIL PRESIDENT FARGNOLI and the MEMBERS of the CITY COUNCIL:

 

Citation Extending Congratulations.

 

Read and Passed, on motion of COUNC1LWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage is Unanimously Sustained.

__________

 

PRESENTATION OF RESOLUTIONS "In Memoriam"

 

COUNCIL PRESIDENT FARGNOLI and the MEMBERS of the CITY COUNCIL:

 

Resolutions Extending Sympathy.

 

Severally Read and Collectively Passed, by a Unanimous Rising Vote, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG.

 

The motion for Passage is Unanimously Sustained.

 

RULE SUSPENSION

 

On motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, it is vote to suspend Rule 2 of the Rules of the City Council in order to allow the Council to meet on a day other than provided for in said Rule 2.

 

ADJOURNMENT

 

There being no further business, on motion of COUNCILWOMAN DiRUZZO, seconded by COUNCILWOMAN YOUNG, it is voted to adjourn at 8:30 o’clock P.M. (E.S.T.) to meet again on THURSDAY, JANUARY 8, 1998 at 7:30 o’clock P.M. (E.S.T.).

 

MICHAEL R. CLEMENT

City Clerk