February 21, 2008  Regular City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 4 City Council Regular Meeting, Thursday, February 21, 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, TEJADA and YURDIN –12.

 

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

 

              (SUBSEQUENTLY COUNCILMAN SOLOMON JOINS THE MEETING)

                                         

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, JR.

 

 

              COUNCILMAN SOLOMON JOINS THE MEETING.

             

                           

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

              COUNCILMAN SETH YURDIN 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. 9 of the Regular Meeting of the City Council held April 5, 2007; Journal of Proceedings No. 10 of the Regular Meeting of the City Council held April 19, 2007; Journal of Proceedings No. 11 of the Regular Meeting of the City Council held May 1, 2007 and Journal of Proceedings No. 12 of the Regular Meeting of the City Council held May 3, 2007, are severally approved as printed, on Motion of COUNCILMAN HASSETT, seconded by COUNCILMAN TEJADA.

 

 

APPOINTMENTS BY HIS HONOR THE MAYOR

 

              Communication dated February 8, 2008, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 604 of the Providence Home Rule Charter of 1980, as amended, he is this day appointing Mr. John A. Murphy as the Acting Recorder of Deeds.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

             

              Communication dated February 13, 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 appointing Ms. Deborah Brayton of 127 Tenth Street, Providence, Rhode Island 02906, as a member of the Providence Tourism Council for a term to expire in June 2012. (Ms. Brayton will replace Ms. Kibbe Reilly whose term has expired)

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

 

ORDINANCES SECOND READING

 

The Following Ordinances were in City Council February 7, 2008 Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance Making an Appropriation of Three Hundred Fourteen Million Three Hundred Four Thousand One Hundred Thirty Two Dollars ($314,304,132) for the support of the Providence School Department for the Fiscal Year ending June 30, 2008, and repealing Ordinance Chapter 2006-47, Approved November 13, 2006.

 

              An Ordinance Amending a Compensation Plan for the Providence School Department and Repealing Ordinance Chapter 2006-48, Approved November 13, 2006.

 

              An Ordinance Establishing the Classes of Positions, the Maximum Number of Employees and the Employees in Certain Classes in the Providence School Department and Repealing Ordinance Chapter 2006-48, Approved November 13, 2006.

             

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

 

NAYES:              NONE.

 

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

 

              The Motion for Passage of the Several Resolutions is Sustained.

 

 

PRESENTATION OF ORDINANCES

             

              COUNCILMAN APONTE:

 

              An Ordinance Amending Chapter 2008-1, Approved January 16, 2008, 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, to change the Zoning Designation Zoning Map 56, Lots 9, 64, 70, 71 and 280 from W-2 to W-3.

 

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

 

             

              COUNCILMAN LOMBARDI: (By Request):

 

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

 

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

 

 

              COUNCILMAN LUNA:

 

              An Ordinance Creating Chapter VIII of Title 5 of the City of Providence Municipal Code, regarding In-Building Public Safety Radio System Coverage.

 

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

 

 

              COUNCILMAN NARDUCCI (By Request):

 

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

 

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

 

 

PERSONAL EXPRESSION

 

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

 

              “I just want to take a few minutes.  On February 6, 2008, I sent a letter to the Mayor with reference to Mr. Simmons and sick time adjustment on his payout.  It’s been nearly three weeks now I have not received the courtesy of a response.  I just don’t think that’s the way Council members should be treated but that’s okay I understand that maybe second floor doesn’t recognize me as a Councilperson anymore but I am.  What’s more egregious is the fact that, I mean they talked about the Ordinance 17-124 and how it’s been there many years and we’ve never enforced it.  Then there is a reference in one of the memos that I received that it would be discriminatory.  Well, it’s actually discriminatory if we don’t enforce it.  It is there, it’s an ordinance, it’s the law so I guess we have two choices.  Either we amend the ordinance or strike it from the record, other than that it’s good law.  This is clearly not a discriminatory practice.  I think at some point, I think this really needs to be addressed at least going forward and I encourage my colleagues to impress upon second floor and the Law Department that this is the law, if not we need to change it, but other than that I certainly don’t want to be a part of it nor do I think any of my colleagues want to be a part of applying the law capriciously and arbitrarily.  Thank you.”

 

PRESENTATION OF RESOLUTIONS

 

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

 

              Resolution Extending Sincere Best Wishes for a Happy Birthday to Councilman Miguel C. Luna on March 2, 2008.

 

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

 

              The Motion for Passage is Sustained.

 

              COUNCILWOMAN YOUNG JOINS THE MEETING.

 

 

              COUNCIL PRESIDENT MANCINI:

 

              Resolution Endorsing and Urging Passage by the General Assembly of House Bill 2008-H 7063, Declaring March 29, 2008 as “Lights Out America Day”.

 

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

 

              The Motion for Passage is Sustained.

 

              COUNCILMAN IGLIOZZI: 

 

              Resolution Authorizing the City of Providence to renew the lease agreement with Lamar, Inc., for  property located on Assessor’s Plat 111, Lot 17 (Plainfield Street), for a three year period, with revised terms, as specified in the lease.

 

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

 

 

              COUNCILMAN JACKSON:

 

              Resolution Requesting the Tax Assessor to abate the taxes on Assessor’s Plat 73, Lot 577 (1097 North Main Street) and that the property be declared tax exempt.

 

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

 

 

              COUNCILMAN NARDUCCI:

 

              Resolution Requesting to apply the Homestead Exemption to the property located on Assessor’s Plat 98, Lot 372 (641 Charles Street), for the 2007 tax year.

 

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

 

             

REPORTS FROM COMMITTEES

 

COMMITTEE ON FINANCE

COUNCILMAN JOHN J. IGLIOZZI, Chairman

AND

COMMITTEE ON ORDINANCES, JOINTLY

COUNCILMAN MICHAEL A. SOLOMON, Chairman

 

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

 

              An Ordinance in Amendment of Section 17-189(7) of the Code of Ordinances Entitled: “Benefits Payable”.

 

              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, LUNA, NARDUCCI, SOLOMON, TEJADA, COUNCILWOMAN YOUNG and COUNCILMAN YURDIN –13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN LOMBARDI and WOOD – 2.

 

              The Motion for Passage 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 Assessor (3M and 4M), 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, COUNCILWOMAN DIRUZZO, COUNCILMEN HASSETT, IGLIOZZI, JACKSON, LUNA, NARDUCCI, SOLOMON, TEJADA, COUNCILWOMAN YOUNG and COUNCILMAN YURDIN –13.

 

NAYES:              NONE.

 

ABSENT:              COUNCILMEN LOMBARDI and WOOD – 2.

 

              The Motion for Passage of the Several Certificates is Sustained.

 

 

COMMITTEE ON PUBLIC WORKS

COUNCILMAN LEON F. TEJADA, Chairman

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Resolution Granting the abandonment of a portion of Harris Avenue.

 

              COUNCILMAN HASSETT Refers the Resolution Back to the Committee on Public Works, seconded by COUNCILMAN DELUCA.

 

              Resolution Granting a permanent underground easement below a portion of Pine Street.

 

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

 

              The Motion for Passage is Sustained.

 

             

COMMUNICATIONS AND REPORTS

 

              Communication from Stephen M. Maiorisi, Vice-President, Facilities Management, Brown University, dated February 4, 2008, requesting Proposed Utility Easements for Brown University H11 Utility Upgrade Project.

 

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

 

              Communication from Richard H. Aitchison, License Administrator, dated February 8, 2008, Informing the City Clerk that in accordance with Section 1102 of the City Charter, Annaldo J. Annaldo has been elected Chairman and Secretary of the Board of Licenses and Gordon Fox as Vice-Chairman for the calendar year 2008.

 

              COUNCIL PRESIDENT MANCINI Receives the foregoing Communication.

 

              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.

 

 

FROM THE CLERK'S DESK

              Petitions for Compensation for Injuries and Damages, viz:

Troy F. Auger

Patrizia Prew

Joseph Barzaro

Phillip A. Morton

Louis Ranieri

Nathan Rogers

   (Mark A. Fay, Esquire)

John Lescault, Jr.

   (Charles J. Vucci, Esquire)

Kerri Menard

Lincoln Energy

Engle Tire Co.

   (Marc D. Wallick, Esquire)

Pryor Joseph

Deborah Obalil

Cindy Peters p.p.a. Shanice Peters

   (Dino A. Brosco, Esquire)

Jose Arias

   (R. Andrew Pelletier, Esquire)

Ismael Ocasio

   (Christopher E. Fay, Esquire)

J. F. Deegan III

Katie Brunelle

Lauren E. Potter

Ann & Ronald Blackmar

John E. Freeman

Pasquale T. D’Amico

Rishaun Elizabeth Taylor

Marcia Garcia

Christina Sciullo

Kevin Delory

Myles M. Pickar

 

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

 

              COUNCIL PRESIDENT MANCINI Refers the Several Certificates and 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 COUNCILMEN DELUCA, it is voted to adjourn at 7:25 o’clock P.M. (E.S.T.), to meet again THURSDAY, MARCH 6, 2008 at 7:00 o’clock P.M. (E.S.T.)

 

 

 

                                                                                                                ANNA M.  STETSON

                                                                                                                CITY CLERK