August 1, 2012  Special City Council Meeting

 

CITY OF PROVIDENCE

RHODE ISLAND

CITY COUNCIL

JOURNAL OF PROCEEDINGS

 

No. 33 City Council Special Meeting, Wednesday, August 1, 2012, 6:00 o’clock P.M. (E.D.T.)

 

 

PRESIDING

 

COUNCIL PRESIDENT

MICHAEL A. SOLOMON

 

ROLL CALL

 

PRESENT:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ, YURDIN and ZURIER – 13.

 

ABSENT:              COUNCILMEN JENNINGS and PRINCIPE – 2.

 

              (SUBSEQUENTLY, COUNCILMAN JENNINGS JOINS THE MEETING)

 

ALSO PRESENT:              Anna M. Stetson, City Clerk, Lori L. Hagen, Second Deputy City Clerk, Sheri A. Petronio, Assistant Clerk and Jeffrey Padwa, City Solicitor.

 

INVOCATION

 

The Invocation is given by COUNCILMAN LUIS APONTE.

 

“Father, we gather tonight seeking your guidance as we deliberate and cast our votes.  We seek you out for your guidance.  We ask that you place your hands over our city in a time of great difficulty.  Father, we ask that you watch over the families of the victims of this recent spat of violence in our city most recently.  Three young people who lost their lives tragically.  One of our own killed in the City of Providence.  One of our employees.  In times of trouble and times of difficulty that allow us to turns towards each other and be of help.  We as this all in you name.  Amen.”

 

                                     

PLEDGE OF ALLEGIANCE TO THE FLAG

OF THE UNITED STATES OF AMERICA

 

COUNCILWOMAN SABINA MATOS Leads the Members of the City Council and the Assemblage in the Pledge of Allegiance to the Flag of the United States of America.

 

 

CALL FOR SPECIAL MEETING

 

COMMUNICATION FROM

COUNCIL PRESIDENT MICHAEL A. SOLOMON

 

              Request, filed with the City Clerk, July 30, 2012, Requesting a Special Meeting of the City Council to be Called on the 1st of August, 2012 at 6:00 o’clock P.M., in the City Council Chamber, Third Floor, City Hall.

 

 

WARRANT FOR SPECIAL MEETING

 

              Warrant of the City Clerk to City Sergeant with Return Certification that he has notified each Member of the City Council of the Special Meeting Called for the 1st  day of August, 2012 at 6:00 o’clock P.M., in the City Council Chamber, Third Floor, City Hall.

              Received.

 

 

APPOINTMENTS BY HIS HONOR THE MAYOR

 

              Communication dated July 11, 2012, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 1107 of the Providence Home Rule Charter of 1980, as amended, he is this day re-appointing Thomas J. Ryan, Esquire of 590 Pleasant Valley Parkway, Providence, Rhode Island 02908, as a member of the Providence Housing Authority for a term to expire on July 31, 2017.

 

              COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

              Communication dated July 26, 2012, Informing the Honorable Members of the City Council that pursuant to Sections 302(b) and 815 of the Providence Home Rule Charter of 1980, as amended and Public Law, Chapter 45-50, Sections 1 through 31 passed in 1987, he is this day appointing Mark A. Tracy of 230 Arlington Avenue, Providence, Rhode Island 02906, as a member of the Board of Investment Commissioners for a term to expire on January 1, 2015. (Mr. Tracy will fill the vacancy of David Vanech whose term has expired)

 

              COUNCIL PRESIDENT SOLOMON Receives the foregoing Communication.

 

 

ORDINANCES SECOND READING

 

The Following Ordinance was in City Council July 30, 2012, Read and Passed the First Time and is Returned for Passage the Second Time, As Amended:

 

              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, to modify Articles III, IV, X and Appendix A.

 

Read and Passed the Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, JACKSON, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ, YURDIN and ZURIER – 12.

 

NAYES:              NONE.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              COUNCILMEN JENNINGS and PRINCIPE – 2.

 

The Motion for Passage the Second Time, is Sustained.

 

 

              The Following Ordinances were in City Council July 30, 2012, Read and Passed the First Time and are Severally Returned for Passage the Second Time:

 

              An Ordinance in Amendment of Chapter 27 of the Ordinances of the City of Providence, Entitled: “The City of Providence Zoning Ordinance”, Approved June 27, 1994, As Amended, to modify Articles III, X and Appendix A. (Incidental Entertainment)

 

              COUNCILMAN YURDIN Moves to Dispense with the Reading of the forgoing Ordinance.

 

              (This matter was not acted on due to late posting on Secretary of States  website)

 

 

              An Ordinance Amending Providence Tomorrow the Comprehensive Plan as the City’s Official Comprehensive Plan, by changing the future land use map for the area bounded by Cushing, Brook, Angell, and Thayer Streets.

 

Read and Passed the Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, JACKSON, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ, YURDIN and ZURIER – 12.

 

NAYES:              NONE.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              COUNCILMEN JENNINGS and PRINCIPE – 2.

 

The Motion for Passage the Second Time, is Sustained.

 

 

              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, to create a new zoning district that would support high density residential and limited commercial development and to modify the zoning map for a nine lot area bounded by Meeting, Brook, Euclid and Thayer Streets. 

 

Read and Passed the Second Time, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, JACKSON, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ, YURDIN and ZURIER – 12.

 

NAYES:              NONE.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              COUNCILMEN JENNINGS and PRINCIPE – 2.

 

The Motion for Passage the Second Time, is Sustained.

 

 

PRESENTATION OF RESOLUTIONS

 

              COUNCIL PRESIDENT SOLOMON:

 

              Resolution Repealing City Council Resolution No. 2011-384, Effective July 11, 2011; No. 2011-444, Effective September 7, 2011; No. 2011-590, Effective December 9, 2011; No. 2012-155, Effective March 22, 2012; and No. 2012-388, Effective July 20, 2012, regarding a Moratorium on the Zoning Board of Review’s Accepting and Hearing of Applications for Special Use Permits for Full Entertainment Licenses in Ward Thirteen.

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

               The Motion for Passage is Sustained.

 

 

              COUNCILMAN SALVATORE:

 

              Resolution Requesting Remedy Analytics to conduct an Independent Audit of the City’s Pharmacy Benefit Management Agreements.

 

              COUNCIL PRESIDENT SOLOMON Refers the Resolution to the Special Committee on Ways and Means.

 

 

              COUNCILMAN SANCHEZ:

 

              Resolution Requesting the Department of Recreation to donate a bus to the Elmwood Little League when one becomes available.

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

               The Motion for Passage is Sustained.

 

              COUNCILMAN JENNINGS JOINS THE MEETING.             

 

 

REPORTS FROM COMMITTEE

 

COMMITTEE ON ORDINANCES

COUNCILMAN SETH YURDIN, Chairman

 

              Transmits the Following with Recommendation the Same be Severally Approved:

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

              Shall the Department of Arts, Culture and Tourism be established by Charter?  [Adds Section 1018]

 

              Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN YURDIN – 1.

 

NAYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ and ZURIER – 13.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

 

Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the city establish a budget reserve fund for capital improvements no later than fiscal year 2017, such fund to comprise of a percentage of the estimated general revenues for each fiscal year?   [Adds Section 802[B]

 

Shall the mayor have authority, with the approval of a majority of the city council,  to appropriate funds from the budget reserve account in the event of an emergency involving the health, safety or welfare of the city's residents, or in the event of an unanticipated deficit in any given fiscal year? [Adds Section 802(B)(1)]

 

Shall the mayor's proposed budget include a calculation of the budget reserve fund, any proposed use of any excess funds in the budget reserve account? [Amends Section 803]

 

Shall the amount of money the mayor may transfer among agencies, offices and departments be increased from five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000.00)? [Amends Section 810]

 

Shall there be a January 31 annual deadline for the finance director to provide to the mayor and submit to the city council the director's five-year financial plan?  [Amends Section 813]

 

 

Read and Passed, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN HASSETT, JENNINGS, YURDIN and ZURIER – 5.

 

NAYES:              COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, JACKSON, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and SANCHEZ – 7.

 

NOT VOTING:              COUNCILMEN IGLIOZZI and SALVATORE – 2.

 

ABSENT:               COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

              Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the Charter include a statement of intent to provide the mayor and city council with the authority to organize and administer the structure of the city's government in order to protect the health, safety and welfare of its residents, and to maintain the fiscal health of the city? [Adds Section 106]

 

Shall the terms used in the Charter be defined as follows for clarity and consistency? [Adds Section 107]

 

(a) "City" shall mean the City of Providence, in the County of Providence, and the State of Rhode Island.

 

(b) "Council" shall mean the duly elected city council of the City of Providence.

 

(c) "Domiciled" shall mean that place where a person has his or her true, fixed, and permanent home and principal establishment, and to which whenever he or she is absent has the intention of returning.

 

(d) Mayor. Whenever the word "mayor" is used, it shall mean the mayor of the City of Providence.

 

(e) "Publication." Unless otherwise required by state law, wherever it appears in this Charter, any provision requiring "publication in a newspaper of general circulation" may be fulfilled alternatively by the following: 

 

                 (1) posting of written notice in the office of the Clerk, and

              (2) electronic filing with the secretary of state, and

              (3) electronic posting on the city's official website. 

Actual publication in a "newspaper of general circulation" shall not be required.

 

(g) "Quorum" shall mean a majority of the members of a public body or duly appointed committee.

 

COUNCILMAN YURDIN Moves to Amend the Resolution by deleting Section 106 and delete Section 104 Section (e) “Publication.” This is the section that would remove the requirement of publishing in a newspaper of general circulation.  Then renumber the last item “Quorum” as letter (e).  The new section would be simply to clarify and define some important terms in the Charter and remove the two objections.  One related to this big language about the authority of the Mayor and as well and the issue of removing the requirement of publication, seconded by COUNCILMAN NARDUCCI.

 

COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

The Motion is Approved, As Amended.

 

COUNCILWOMAN MATOS Moves to take each item individually as they are going to be placed on the ballot, seconded by COUNCILMAN APONTE.

 

              Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall charter review commissions be appointed as of September 1, 2021, and every ten years thereafter?  [Amends Section 1302]

 

Shall amendments approved by electors of the city be effective upon approval, unless otherwise noted? [Amends Section 1410]

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

              The Motion is Approved.

 

 

AT EASE

 

RECONVENTION

 

              COUNCILMAN YURDIN: After conferring with the City Solicitor and a number of Council colleagues, I think that what makes sense going forward it first it seems clear that in the event you vote multiple questions together in one resolution they will appear as individual ballot questions.  So, I will make the motion for each one to have it be approve in bulk.  If a Council person wants us to vote on individual questions they can simply make the motion and then we will individually vote them.  So, we can vote the resolution together and if someone would like to vote each question then that’s what we will do. 

 

              COUNCILWOMAN MATOS Moves to Amend the Resolution to delete “Section 1410” and insert “Section 1401”, seconded by COUNCILMAN APONTE.

 

              COUNCILMAN YURDIN Moves to Withdraw his motion for Passage of the foregoing resolution and COUNCILMAN NARDUCCI Withdraws his second of the motion.

 

              COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

              The Motion is Approved, As Amended.

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the city solicitor review all legal documents for the City, have authority to seek any remedy permitted by law. (Amends Section 603)

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILWOMAN MATOS, COUNCILMEN SALVATORE, YURDIN and ZURIER – 5.

 

NAYES:              COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, NARDUCCI and SANCHEZ – 9.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

              Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall a quorum of the full city council be required at public hearings concerning the salaries of elected and appointed officials, the city's annual budget, land use control, new taxes, wards and boundaries, and proposed changes to the charter? [Amends Section 411]

 

Shall the dollar value of personal property the City can sell without public notice and public bid be increased from one thousand dollars ($1,000.00) to twenty-five hundred dollars ($2,500)?  Amends Section 416(b)(4)]

 

COUNCILMAN YURDIN Moves to Withdraw the foregoing Resolution.

 

The Motion to Withdraw is Approved.

 

              Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the term "personnel department" be replaced with "human resources department" wherever it appears in the charter? [Amends Sections 901 through 906]

 

Shall the term "personal secretary" be changed to "confidential secretary?" [Amends Section 905(g)]

 

Shall it be the responsibility of the human resources department to enforce the procedures for suspension, discharge, reduction in class position, and layoff of employees? [Amends Section 903(j).]

 

Shall the responsibilities of the human resources department be changed to eliminate examining and approving all payrolls, and monitoring residency requirements?  [Amends Sections 903 (l) and (p).]

 

Shall the authority of department heads, boards and agencies to demote, suspend and dismiss personnel be transferred to the department of human resources, which shall enforce such procedures in accordance with applicable law, rules and regulations? [Amends Section  904].

 

Shall the director of affirmative action be placed in the department of human resources instead of in the office of the mayor?  [Amends Section 906]

 

              Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN APONTE Moves to strike Section 905(g), strike Section 904 and strike Section 906, seconded by COUNCILMAN JACKSON, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, HASSETT, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ, YURDIN and ZURIER – 13.

 

NAYES:              NONE.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

The Motion for Passage, As Amended, is Approved.

 

              Resolution Requesting that the following ballot question be submitted to the Rhode Island Secretary of State, as adopted on ____________, 2012:

 

Shall the qualifications for the director of the department of public property be a bachelor's degree, or a minimum of five (5) years of experience in the field, with preference to be given to a person with a bachelor's degree?  [Amends section 1006]

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

COUNCILMAN YURDIN Moves to Withdraw his motion for Passage of the foregoing resolution and COUNCILMAN NARDUCCI Withdraws his second of the motion.

 

COUNCILMAN YURDIN Moves to Amend the Resolution by striking the inserted sentence, “In appointing the director of public property, preference shall be given to an individual who has the educational background described herein”, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

              The Motion is Approved, As Amended.

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the Providence Emergency Management Agency and Homeland Protection Department be placed under the jurisdiction of the Department of Public Safety, under the supervision of the Commissioner of Public Safety? [Amends Section 1001]

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

               The Motion is Approved.

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the mayor or his/her designee, and the city's internal auditor, be added as members of the retirement board? [Amends Section 903]

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN YURDIN – 1.

 

NAYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMAN CORREIA, HASSETT, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ and ZURIER – 13.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

 

Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall persons be prohibited from serving more than two (2) consecutive terms as chair of any board, authority or commission, with the exception of the mayor, city council members and/or department heads who serve as chair ex officio?  [Amends Section 1202, to add subsection (c)]

 

Shall the Charter prohibit city officials from using their authority or influence to secure city employment for any person within his or her family or any business associates?  [Amends Section 1206 to add subsection (e)]

 

COUNCILMAN YURDIN Moves to vote each one separately, seconded by COUNCILMAN NARDUCCI.

 

COUNCILMAN YURDIN Moves Passage on item 24(4), seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN HASSETT, COUNCILWOMAN MATOS, COUNCILMEN YURDIN and ZURIER – 4.

 

NAYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, IGLIOZZI, JACKSON, JENNINGS, NARDUCCI, SALVATORE and SANCHEZ – 10.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

COUNCILMAN YURDIN Moves to Amend 24(b) to strike the last sentence, “this provision shall apply prospectively as of its effective date, and shall not apply to individuals employed by the city prior to its effective date”, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN IGLIOZZI Abstains.

 

              The Motion is Approved, As Amended.

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the committee on ward boundaries be elected in January of 2021 and every tenth year thereafter, and shall new requirements for revising ward boundary lines be established to include additional public hearings and opportunities for public comment, specifications for council approval of the plan, and criteria for drawing ward boundaries? [Amends Section 204]

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI.

 

               The Motion is Approved.

 

              Transmits the Following without Recommendation:

 

              Resolution Requesting that the following ballot questions, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Effective 2022, shall the number of wards in the city be reduced from fifteen (15) to twelve (12), and the composition of the city council change to one member from each of twelve (12) wards, and an additional three (3) members to be elected "at large"?  [Amends Section 201]

 

Shall the committee on ward boundaries be elected in January of 2021 and every tenth year thereafter, and shall new requirements for revising ward boundary lines be established to include additional public hearings and opportunities for public comment, specifications for council approval of the plan, and criteria for drawing ward boundaries? [Amends Section 204]

 

Shall the due date for setting wards and ward boundaries be extended from March 1 to May 1? [Amends Section 204(b)]

 

COUNCILMAN YURDIN Moves to Amend the Docket by deleting the second paragraph.

 

COUNCILMAN YURDIN Moves to Amend the Resolution by amending Section 201, “Shall city council members be limited to serving three (3) consecutive full terms as a ward based councilmember and three (3) additional consecutive terms as an at large council member.  (Amends Section 202), Seconded COUNCILMAN NARDUCCI.

 

COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI.

 

 

AT EASE

 

RECONVENTION

 

              COUNCILMAN YURDIN: There is two different issues that have to be addressed.  The first is starting with the docket.  The second question listed has the wrong text in it.  The text should match what is in item number twenty six which is the second question and the docket item should read “shall the ward boundaries committee redistrict the city into twelve (12) wards in time for the election of November 2022.  (Amends Section 204).  The second issue is the extension of the ward boundaries.  As been pointed out that was also included in another ballot question item number twenty five.

 

              COUNCILMAN YURDIN Moves to strike the language “shall the due date for setting ward and ward boundaries be extended from March 1 to May 1.  (Amends Section 204(b).  They would be both removed from docket entry as a correction and from the resolution because that’s already contained in item number twenty five, seconded by COUNCILMAN NARDUCCI.

 

              COUNCILMAN YURDIN The second amendment that will be made will be to define what happens to term limits as it relates to the at large council members.  So, a question needs to be added and it shall read as follows: “Shall city council members be limited to serving three (3) consecutive full terms as a ward based council member and three (3) additional consecutive full terms as an at large council member?  (Amends Section 202) and the actual amendment of the text in the charter itself shall read as follows and this is Section 202 and the following language needs to be inserted.  “the mayor shall be limited to serving (2) consecutive full terms (excluding any partial term of less than two (2) years previously served); and council members shall be limited to serving three (3) consecutive full terms as a ward based council member and excluding any partial term of less than two (2) years previously served and (three (3) additional consecutive full terms as at large council member (excluding any partial term of less than two (2) years previously served).  The affect of this amendment is to allow council members to serve three terms as ward based and three terms as at large council members. 

 

COUNCILMAN YURDIN Moves Passage of the Resolution, As Amended, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN HASSETT, SALVATORE, YURDIN and ZURIER – 5.

 

NAYES:              COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN CORREIA, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI and SANCHEZ – 8.

 

NOT VOTING:              COUNCILMAN IGLIOZZI – 1.

 

ABSENT:              COUNCILMAN PRINCIPE – 1.

 

The Motion Fails.

 

              Resolution Requesting that the following ballot question, as adopted on ____________, 2012, be submitted to the Rhode Island Secretary of State to appear on the November 2012 ballot:

 

Shall the Department of Sustainability be established by Charter?  [Adds Section 1015]

 

Read and Passed, on Motion of COUNCILMAN APONTE, seconded by COUNCILMAN NARDUCCI, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN YURDIN – 1.

 

NAYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMAN CORREIA, IGLIOZZI, JACKSON, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN NARDUCCI, SALVATORE, SANCHEZ and ZURIER – 12.

 

ABSENT:              COUNCILMEN HASSETT and PRINCIPE – 2.

 

The Motion Fails.

 

              Resolution Requesting the Members of the Providence City Council hereby authorize the placement of a 2012 Ballot Question amending the Providence Home Rule Charter to allow for Elected School Board.

 

              COUNCILMAN NARDUCCI Moves to Amend the Resolution to add “effective 2014, shall the school board consist of fifteen (15) members, one elected from each of the fifteen (15) wards? (Amends Sections 201, 205, 208, and 701) and “shall the members of the school board be elected to four (4) year terms with a limit of three (3) consecutive terms? (Amends Section 202 and 702) and “shall vacancies on the school board be filled in accordance with the laws already established for the filing of vacancies in other Providence elected offices? (Amends Sections 206, 207, and 703), seconded by COUNCILMAN IGLIOZZI, by the Following Roll Call Vote:

 

AYES:              COUNCILMAN APONTE, COUNCILWOMAN CASTILLO, COUNCILMEN IGLIOZZI, JACKSON, NARDUCCI and SANCHEZ – 6.

 

NAYES:              COUNCIL PRESIDENT SOLOMON, COUNCILMEN CORREIA, JENNINGS, COUNCILWOMAN MATOS, COUNCILMEN SALVATORE, YURDIN and ZURIER – 7.

 

ABSENT:              COUNCILMEN HASSETT and PRINCIPE – 2.

 

The Motion Fails.

 

 

COMMUNICATIONS AND REPORTS

 

              Communication from His Honor the Mayor, dated July 11, 2012, Informing the Honorable Members of the City Council and James S. Bennett, Executive Director, Providence Economic Development Partnership, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Article II, Section 2, of the Providence Economic Development Partnership, Inc., bylaws, he is hereby re-appointing Mr. Daniel A. Baudouin of 2 Thomas Street, Providence, Rhode Island 02903, Executive Director of the Providence Foundation, as a member of the Board of Directors of the Providence Economic Development Partnership for a term to expire on June 30, 2014.

 

              Communication from His Honor the Mayor, dated July 11, 2012, Informing the Honorable Members of the City Council and James S. Bennett, Executive Director, Providence Economic Development Partnership, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Article II, Section 2, of the Providence Economic Development Partnership, Inc., bylaws, he is hereby appointing Adriana I. Dawson of 28 Burns Street, Providence, Rhode Island 02904, Executive Director of the Rhode Island Small Business Development Center, for a term to expire on June 30, 2014. (Ms. Dawson will replace Alberto Guzman whose term has expired)

 

              Communication from His Honor the Mayor, dated July 11, 2012, Informing the Honorable Members of the City Council and James S. Bennett, Executive Director, Providence Economic Development Partnership, that pursuant to Section 302(b) of the Providence Home Rule Charter of 1980, as amended and Public Law, Chapter 45-50, Section 1 through 31 passed in 1987, he is this day appointing Alberto Guzman of 1214 Broad Street, Providence, Rhode Island 02905, as a member of the Providence Economic Development Loan Committee for a term ending in January 2014. (Mr. Guzman will replace Adriana Dawson who has been appointed to the board of the Providence Economic Development Partnership)

 

              COUNCILMAN YURDIN Moves to Dispense with the reading of the foregoing matters.

 

              COUNCIL PRESIDENT SOLOMON Receives the Several Communications.

 

 

ADJOURNMENT

 

              There being no further business, on Motion of COUNCILMAN YURDIN, seconded by COUNCILMAN NARDUCCI, it is voted to adjourn at 8:30 o’clock P.M. (E.D.T.), to meet again THURSDAY, SEPTEMBER 6, 2012 at 7:00 o’clock P.M. (E.D.T.)

 

 

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