June 23, 2000 - Regular City Council Meeting

TABLED AT JUNE 19, 2000 CITY COUNCIL MEETING

Motion to approve as recommended by the Board of Pension & Retirement was made by Councilman Leger and seconded by Councilwoman Canavan.

Councilman Lazieh asked the Council President to remind the Personnel Consultant that the Council wishes at the time of a Retirement to have the letter from the Retiree asking for Retirement and the Letter from the Chief recommending the same.

Motion carried 4 yes 0 no 1 abstention 0 absent.

3. The Annual Operating Budget Ordinance

4. The Annual Capital Budget Ordinance

5. The Annual Capital Program Ordinance

6. The Ordinance Pertaining to Salaries for Police Officers & Firefighters

7. The Ordinance Amending the Wage Schedule Generally

8. The Ordinance Pertaining to Salaries of Department Heads and others in unclassified service.

The Annual Operating Budget Ordinances

The City Council President, without objection, took the following order with respect to the ordinances as presented on the Agenda pages 2 & 3:

#7: The Ordinance Amending the Wage Schedule Generally

no changes no discussion - approved 5-0

#6: The Ordinance Pertaining to Salaries for Police Officers & Fire Fighters

no changes

Councilman Lazieh noted that there are no increases provided for in any of the Union positions and that the Mayor is still in negotiations.

#5: The Annual Capital Program Ordinance

Council President Noury placed a placard for public view at this time. He also commented that the Mayor has no Capital Program

Councilman Lazieh stated that he is dismayed that there is no program listed and this is a 5 year and that this is at the request of the Mayor. He also stated that this is the direction of the City no program.

Ordinance passed Councilman Lazieh voted present.

#2: An Ordinance establishing the Maximum Number of employees in the City Departments 2000/2001.

Councilwoman Canavan motioned to amend section 16 the Maximum Number of employees for the Department of Public Works Seconded by Councilman Canavan from 13 to 20. She stated that this is still pending in arbitration/court and the City should be prepared in case the union prevails, also if Need proves to be more expensive it allows the City to increase the employees in the Department. She stated that this is as a protection for the City.

Councilman Lazieh commented on the Maximum and asked about Minimum and what the rationale is not to include minimums.

Council President Noury stated that he introduced the Ordinance and worked with the Mayor on this issue. He stated that the Charter only focuses on maximum Numbers and the Charter does not require minimums.

All Agreed. So Voted.

#8 The Ordinance Pertaining to Salaries of Department Heads and others in unclassified Service.

Motion to amend the Salary of the Municipal Court Judge from $5,000 to $8,300 was made by Councilman Leger and seconded by Councilman Lazieh.

Councilman Leger stated that the only intention with regard to this motion is to return the Municipal Court Judge back to his present salary.

Councilman Robichaud stated that the original salary is $5,000 and the reason the Judge received more was the fact that he did not have medical coverage and since he now has this coverage the judge's salary was returned to $5,000. He stated that this is how the Mayor explained it to the review commission.

Councilwoman Canavan stated that this still takes money away.

Councilman Robichaud stated that the bottom line is the Judge is still taking home more.

Councilman Lazieh commented on his experiences relative to the inception of the Municipal Court and the Judge's salary. He stated that since the judge is not receiving medical benefits he should receive some compensation.

Motion carried Robichaud voted no.

Motion was made to amend the Salary of the Director of Public Works to $34,932.00 and for the purposes of discussion was seconded by Councilman Lazieh.

Councilman Leger stated that the reason he wishes to reduce this salary is when the City went through the process of hiring NEED to pick up trash it reduces the duties and responsibilities of the director as was stated by both the Director and the Mayor.

Councilman Robichaud stated that the Director puts in 60 hours per week taking care of the Public works needs of the City and to reduce his salary is ridiculous.

Councilman Leger reminded the Council of the savings that the City stated it would have if it used a private company for its trash etc. and that one consideration would be in the public works director's salary.

Council President Noury stated that the department has 40% fewer employees and that is was about 2 months ago that this discussion took place relating that the department head's salary would be reduced.

Voted with Robichaud no.

Councilman Leger motion to amend seconded by Lazieh that the salary of the Recreation Director be increased to $25,000.

Councilman Leger explained that the Director is full time and will be replacing Mr. Heroux and his duties will include the responsibility of maintaining all the ballfields. He is the only Head of a Department that is not receiving medical benefits and his salary doesn't come close to the salaries of other department heads who are receiving medical.

Councilwoman Canavan stated that the City has just hired this man three weeks ago and to give a 25% increase when no one else is receiving is not correct. She stated that the director will work full time for 10 weeks in the summer but that the winter program is indoors and has to be limited

because of space. She stated that the other night she asked the Mayor if this position was a Department Head position and she stated that she was told it is not. She stated that medical coverage is an issue to be taken up by the Recreation Director and the Mayor. She also urged the council to let the man set a track record and prove himself then, next year, take up the issue.

Councilman Robichaud stated that he agreed with Councilwoman Canavan's remarks.

Council President Noury stated that this issue was first taken up last year when the Council thought that the time was right to bring on a full time year round recreation program. He stated that he was under the assumption that the director would receive medical benefits. He said since the Director is receiving less than a department head he would support the amendment.

Councilman Leger stated that he respected the opinions of Councilwoman Canavan and Councilman Robichaud but that he takes exception to the remarks that the Director will not be a full time employee when in fact the Director will be working a winter program from 2:30p-8p and Saturdays about 38 hours per week which with the summer program averages out to a 40 hour week.

Councilman Lazieh, commenting on past experience, stated that any Department Head should receive medical benefits to protect the Head of the Department as well as the City.

Vote 3 yes Canavan and Robichaud no-Carried 3-2

Councilman Lazieh questioned the one full time position and funded as one full time position. Questioned Legal/Personnel clerk.

Councilman Lazieh also questioned clerk-part time in City Clerk's Office and motioned to amend to say Clerk-part time STUDENT Council President Noury asked the Clerk about adding that amendment. Clerk responded that whether it was a student-senior citizen or any person who wished to work for the amount stated it should not matter and that she would like the flexibility to do so.

Council President Noury asked Councilman Lazieh the reason for the motion.

Councilman Lazieh stated that he had no objection to a part time clerk but did not want to fund the position if it would be for a temporary agency to fill this position.

Council President Noury stated that this would be an issue that would be between the union and the administration and should not be a concern of the Council.

Councilman Lazieh for the record stated that this is for an unclassifed position and not for temporary agencies to fill the position.

Council President Noury noted the issue for the record.

Councilman Lazieh moved to amend the Salary of the Director of Community Development to $5,000 stating that this is a part time position and the person in the position is a full time school department employee.

Council President Noury asked several times for a second.

No second. Motion Dies.

Councilman Lazieh moved to amend section 2 from $15.00 per hour to a maximum of $12.00 per hour (part time employees). Motion seconded by Councilwoman Canavan.

Councilwoman Canavan stated that for a part time employee $12.00 per hour is adequate for a part time employee. Motion to amend carried 4 yes 1 no.

Mayor Matthews arrived and Councilman Lazieh asked to address the Mayor on the clerk's position in the Legal Department.

Mayor Matthews stated he was present to see how the Budget Process was going and reminded the Council that he hoped that there were no amendments and cautioned the Council that if there are there would be no budget and that is why he has told the council to seek legal counsel. He invited the Council to talk to him about that issue.

Council President Noury stated that the Council was not yet on the budget that presently they are on the budget Ordinances.

Council President Noury stated that there have been amendments to salaries.

Mayor Matthews stated that those amendments would have an effect on the Budget.

Council President Noury stated that the Council understands.

Councilman Lazieh questioned the Mayor on the number that represents the clerk in legal/personnel. Is this one full time employee.

Mayor responded that this is one person.

Councilman Lazieh asked this is not a part time/temp. agency???

Mayor responded not a temp person it is a full time position.

Council President Noury clarified for the Mayor, Councilman Lazieh's opposition to the use of a temp. agency.

Mayor stated that the City does not hire temps. But to hire an agency to hire full time employees.

Council Lazieh motion to amend section 4 -All members of the City's unclassified service who hold full time positions shall be entitled to receive additional monetary considerations and fringe benefits similar "***unless the City Council shall establish a policy by ordinance modifying these employees benefits.****

Council President Noury repeated the amendment and clarified by the Clerk. He asked for a second. No second. Motion dies.

Councilman Lazieh amend section 1/Salary /stipend. He explained that some individuals receive a stipend not a salary. Seconded by Councilman Leger.

Councilwoman Canavan stated that this is just a matter of words and asked That this remain as it is. Councilman Lazieh stated that law is a matter of words. Council

President Noury commented on 1099's. Not clear what the Councilman is referring to. Individuals payment is either a salary or a stipend. Councilwoman Canavan asked to move the question.

Roll call motion dies.

Motion to approve ordinance as amended by Councilman Leger and seconded by Councilwoman Canavan. On Roll Call-Motion carried 3 yes Councilman Robichaud & Councilman Lazieh No.

#4 Annual Capital Budget Ordinance.

Councilman Lazieh moved to amend Highway infrastructure improvements from budgeted $65,000 to Finance-bonded funding motion seconded by Councilman Noury.

Councilwoman Canavan asked if this means that the amount would not be coming out of the budget. Motion carried Councilman Robichaud voted. No.

Councilman Lazieh moved to amend Recreation Facility repairs from budget $15,000 to Finance-bonded funding. Motion seconded by Councilwoman Canavan.

Councilman Robichaud asked why would the Council want to bond these items.

Council President Noury explained.

On vote Councilman Robichaud voted. No

Councilman Lazieh motioned to amend

Withdrawn

Discussion ensued relative to this amendment.

Councilman Robichaud commented that it would have been appropriate to make these amendments when the Finance Director was present to ask questions relative to bonding.

Motion approve annual capital budget as amended. Canavan seconded by Councilman Lazieh.

Councilman Lazieh stated his concerns on paragraph 2 and the wording "in the aggregate total".

On roll call-motion carried with Councilman Robichaud voting no.

#3 The Annual Operating Budget Ordinance

Council President Noury state that the Council has many concerns with the policies that the Administration has embarked upon and has proposes some cuts and recommends them to the Administration. He started with comments about the use of the Contingency Account for

Purposes of funding outside legal fees instead of unplanned events and occurrances. He stated that one individual lawyer has been paid $245,000 in legal fees for the WDC suit which is 1/4 million from "the people's savings Account" which the Mayor says there is a judgement in the amount of $400,000 for legal fees that is bonded. He stated that he believes that Mr. Harsch should pick up the bill from here on in if it is true that there is a $400,000 judgement for legal fees and that the remaining fees be paid from this judgement when the case is finished. He stated that it is too much legal fees and that's how the Administration can cut back on some of its legal expenditures. He also stated that the City spend $100,000 to fight the working people in the Unions in Central Falls. He spoke of the judgement with the firefighters that would be about $180,000 which is almost exactly what the firefighters were looking for and asks what did that $100,000 do for the City and if the Mayor wishes to go to arbitration the Council advises that the Mayor use the City's Solicitors that's why the City has them. $30,000 to fight the Pawtucket Water Supply Board he spoke against for the reason that the Attorney General's Office had a special assistant Attorney General for the consumers on that case, other communities had Co-counsel and again the City Solicitors could have been assigned that duty. He stated that the City has got to stop the high legal fees and recommended to the Mayor that he could save about $80,000 and that this is adequate. He further recommend that the General Contingency fund be reduce by $20,000. He also believes that in the Police Department the Mayor could cut the personnel services $50,000 in salaries out of 1.5 million also in the salaries account of the Fire Department $25,000 and still won't run over. He stated that he also looked at Public Works Obligations in the Hydrants Account can be cut $14,000. He stated that he has numerous other line items that he could recommend to the Administration. He stated that the previous amounts with the $80,000 comes up to $269,000. Items like testing could be cut by $1,000.

Motion was made by Councilman Lazieh to adopt the budget worksheet as part of the Annual Operating Budget. Moved to amend the annual operating budget by adopting the annual budget worksheet as part of the Annual operating budget. He further explained.

Council President Noury commented.

Chairman Noury stepped down-Motion seconded by Councilman Noury.

Chairperson pro temp Canavan commented stated that it is understood that the worksheet be included in the budget. Motion carried.

Council President Noury stated that there is over $28,000 in other areas that could be cut but that the Council should not micromanage the budget. He stated that the City Council should adopt the Annual Operating Budget with a total General Fund Appropriations of $14,448.315. and asked that a motion be made to that effect.

Councilwoman Canavan moved that the City Council approve the total General Fund Appropriations for the fiscal year 2000/2001 in the amount of $14,448,315. Motion seconded by Councilman Lazieh for discussion.

Councilwoman Canavan commented that there are sufficient recommendations to cut this budget by the amounts recommended.

Council President Noury stated that the payments of legal fees should be cut. He spoke of the fund balance and the known expenses then at this time next year then there is $811,000 left in the fund balance and have charged on the charge card almost $800,000.

Councilman Lazieh commented on the revenues and the revenue estimates that would come from the State.

Council President Noury stated that there is $233,000 difference from the State's number and the City numbers. Motor vehicle phase out is not an exact science. Stated that by the time year is done the figures would be fairly accurate.

Council President Noury stated that as the Councilman is well aware the Council can talk about revenues but the Council can't change it.

Councilman Lazieh stated that he points this out for the record.

Council President Noury stated that he was advised by the State to live with the figures as proposed by the Finance Director.

Councilman Lazieh stated that he has about $50,000 in cuts that also could be cut from areas.

Discussion continued between Councilman Lazieh and Council President Noury. He stated that the Council should not micro manage the budget. Its not necessary to continue.

Council President Noury asked Councilwoman Canavan to amend her motion.

Councilwoman Canavan motioned to amend the total general fund appropriations to be $14,448,315.

Council President Noury turned the chair to the President pro temp. for the purpose of seconded the motion.

Councilman Noury seconded.

Councilman Robichaud commented on the budget and the proposed cut and reminded the Council of the Mayor's advise of what would happen if the budget is amended. He commented on the hydrants accounts and the appropriations from the State and the last minute changes.

Councilwoman Canavan stated that this is a poor community and that the City must live within the budget and that the Council has found areas in the budget that can be cut and you cannot spend more than the City receives.

Councilman Leger stated that taking $267,000 from the surplus is not a balanced budget. He commented on the amounts that the Department Heads asked for and he stated that the Mayor has room for savings.

Councilman Lazieh stated that the City owns its hydrants. Spoke of the estimated revenues from the State and the amounts the Mayor predicts. Don't want to see taxes raise or the fund balance used. Not sacrificing any services just items that are overprojected. That is the role of the Council. Don't believe the Council was present a balanced budget.

On Amendment: Roll Call-Robichaud-no 4 yes 1 no.

Approve budget as amended-Motion Canavan/Lazieh seconded.

Councilman Lazieh stress that the Council is not authorizing the funds from the fund balance. That the accounts are hereby only authorized in Section 1 specifically designated. Council President Noury stated that if the Council does that the Council will overstep its boundries. Also commented on Tax Assessment bills.

Councilman Robichaud stated that he is opposed to approving this budget because there is no tax increase proposed and this is not a balanced budget. Cannot support this amendment.

Council President Noury stated that then the Councilman supports the spending of surplus funds.

Councilman Robichaud strongly stated that he object to the Council President adding words to what he is saying. He strongly stated that he does not support how the City Council wishes to pass this budget.

Councilman Leger disagrees that use of surplus funds does not balance a budget.

Roll Call:4 yes 1 no (Robichaud)

#1 An Ordinance Amending Chapter 2, Article III, Section 2-69 entitled Assistant City Solicitor. Motion approve Leger second Canavan.

Councilwoman Canavan read from a prepared statement.

Roll call: 3 yes 1 no (Robichaud) (Lazieh present)

8. The Ordinance Pertaining to Salaries of Department Heads and others in unclassified service.