I.          Present:

A motion is made to return to open session by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous. 

A motion is made to keep the executive minutes closed by Councilman DiTraglia, second by Councilman Coogan and on a roll call vote it is unanimous.

II.        CONSENT CALENDAR

A.    Approval of Council Journal

1.      Janurary 20, 2009 – Regular Meeting

Letters

Notice of new property – 65 Fort Street (02914)

Notice of new property – 96 Main Street (02915)

Notice of new property – 143 Blanding Avenue (02914)

B.     Cancellation Abatement

C.     Alcoholic Beverage License - Class F – February 21, 2009

Valentine Dance  - Our Lady of  Loreto  -  346 Waterman Avenue (02914)

A motion is made to approve the Consent Calendar by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.

III.       APPOINTMENTS

A.    Sealer of Weights and Measures (by Mayor Larisa)

Theodore S. Sullivan, 51 Meadowcrest Drive (02915)

Mayor Larisa announces the previously appointed Sealer is not able to fulfill the duties of the job and therefore he is asking the Council to approve Ted Sullivan who has been the Sealer in the past and is licensed already by the State to do so. 

On a motion by Councilwoman Perry, seconded by Councilman DiTraglia it is unanimous. 

B.     Canvassing Authority – Alternate (by Mayor Larisa)

Francine Brelsford, 80 Circuit Drive (02915)

Mayor Larisa announces the Republican Party contacted the Council regarding an alternate appointment on the Canvassing Authority, the current alternate is resigning and the Democrat alternate has already been chosen. 

On a motion by Councilwoman Perry, seconded by Councilman Coogan it is unanimous. 

C.     Carousel Park Commission – Reappointment (by Councilwoman Perry)

Pier-Mari Toledo, 65 Ravena Avenue (02915)

On a motion by Councilwoman Perry, seconded by Councilman DiTraglia it is unanimous. 

IV.       NEW BUSINESS

A.    City Managers Report –  City Manager Richard Brown

1.      Report on City Vehicles

As a result of Council discussion and as a follow up on police vehicles, public works and police staff, the memo/report you received reworks the original plan of approximately 17 police vehicles asking for the disposition of only 7 at this time.  This is based upon age and expense of upkeep of vehicles.  In the near future, the City does expect a couple of major projects that will require additional detail vehicles such as Verizon FiOs and public works projects as they relate to the stimulus package.  Through discussions with Sgt Grant, he believes that he could shift some existing vehicles and move others into the flow of vehicles so two front line vehicles can be taken off the road for an 8 hour shift to reduce strain on the vehicles. 

The City Manager calls Chief Paquette up to flesh out the report on vehicles proposed to be removed. 

The Chief reports there are three from the Detectives Division, the vehicle assigned to the OPS Sgt which will be assigned to the City pool, the police could use this vehicle if other vehicles go down, the van presently assigned to SRT, after discussions the transporter van can also be put into the pool, the cruiser with a blown motor, which is being used for parts can be removed. Any marked unit being used for a detail makes money and should not be removed, they have high mileage and little or no resale value, additionally there is a cost to remove the lights and decals as well as their usefulness for the  upcoming projects listed previously.  

Mayor Larisa asked how many cars are being eliminated?

The Chief replied seven at this time.

The Mayor asked what about the three cars listed in the letter with excessively high mileage?

The Chief responded they are currently used by CPU, they run well and are not costing high amounts for maintenance.  If that does happen we would change the recommendation.  They currently serve a purpose, the Dodge pick-up truck is used to transport cones, wooden horses and other equipment used for feasts, the Buick is used for surveillance.  This vehicle has emergency lights but does not look like a police vehicle, as does the Chevy Lumina.

Mayor Larisa stated this is a great example of not using the expensive cruisers when we don’t have to.

Councilman Coogan asked the Chief if the Buick is used for traffic enforcement.

The Chief responded yes.

Councilman Coogan stated if tickets are down then we need to get that car out there more.  He asked how many frontline cars are there?

The Chief responded there are nine for patrol.

Councilman Coogan asked if the OIC car is coming off?  How about the Sgt cars?

The Chief said no all are staying on.

Councilman DiTraglia asked how many undercover cars do you have, are these for traffic violations or drug situations or undercover/sting operations and are they confiscated from drug busts?

The Chief responded there are 40 and they are used for all of the above.  He further stated, a number have been confiscated, there are 15 unmarked cars which also include those assigned to myself, the Major and Captains, we pay insurance cost only on vice, but maintenance for those in vice are paid for out of forfeiture monies.

Councilman DiTraglia asked in a drug situation, in the course of a month, how many vehicles are being used?

The Chief responded, due to the operation, they have to rotate the vehicles and because forfeiture regulations require if the cars are sold that the money goes to both the State and Federal, instead East Providence opts to trade them in and not incur the loss of these funds.  About 4 or 5 vehicles a month are being used, not all of them are on the road at the same time because they have to rotate them.

Councilman Coogan asked how many are not from vice?

The Chief responded, 2 for the officers in prosecution, each has a car as they may have to go to different courts at the same time.

Councilman Coogan asked if the 2 officers in Internal Affairs each had a car?

The Chief responded no they are down to one car now. The Chief added the 3 vehicles in the detective division, OPS, and training and planning, a marked cruiser and a van will all be removed.   

Councilman Coogan stated he will vote on for the removal of the 7 cars to be but not for the remaining 10, totaling the original 17, as it has not yet been explained to Council where those cars will be coming from. 

The City Manager stated the vote is only for 7 now because he will be returning to Council with any others for approval at that time.

Councilman Coogan asked what the mileage was on each vehicle when received and what is it currently for those vehicles which are assigned to officers.

The City Manager stated he will get whatever information there is available on this item for the next council meeting

Councilman Coogan interjected that previously the City Manager had indicated if a vehicle is filled at the City filling station it is recorded.

The City Manager stated yes eventually it gets reconciled.

Councilman Coogan asked if both of the places where police officers gas up, which includes the city garage and behind the police station are both recorded?

The City Manager said yes at the City garage and that he believed even at the Police Station.

Mayor Larisa said he would like to see the one page take home agreement each City worker assigned a vehicle will be signing.

The City Manager said that was sent to be drafted as an administrative order and that he would provide a copy to the Council.

A Motion was made to accept the seven car reduction in the Police Department Fleet by Councilman Coogan, seconded by Councilwoman Perry and it was unanimous.  

2.      Prequalification Weaver Library Renovation

Regarding the Weaver Library prequalification for vendors, the Library Board of Trustees has been working on this project.  It has entailed reworking the library and the way we do business as a library.  The plan is to make the library user friendly providing for such items as self checkout, reserving books, computer usage,  meeting space,  job search etc…on your own.  The request for qualifications for companies to make the renovations, which are in the range of $442,000.00 has generated responses from 14 companies.  The City Manager asked for a motion to approve the prequalification list.

Mayor Larisa stated the number of responses is remarkable, with the awful economy one good thing has come out of it that is due to the fact that construction costs are way down, a number of contractors are bidding on an amount that really is the price of a large house.  The City has 14 bidders and in all my years on the council, I have never seen this, usually it’s 4 or 5.  This list includes Gilbane Construction, who you would never see bidding on a small project like this. It’s good for the City because they will sharpen their pencils and give us a good price.

The City Manager stated the funds will come from State Library funds and the funds the Board of Libraries has set aside for this purpose.

Councilman Coogan asked if the libraries have a surplus in their budget?

The City Manager said the funds are reserved funds from grants which must be spent for certain purposes.

Councilman Coogan said it’s roughly a million dollars right?

The City Manager responded yes.

A motion to approve the list is made by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.  

B.     Claims Committee Report –  City Solicitor James Briden

DOUGLAS, KNIGHT & ASSOCIATES, INC. $1,460.44(CLIENT: HORACE MANN COMPANIES)

(INSURED: ROBERT CONBOY)RM No. 08-104, Claim No. 09-002

Claim for property damage to insured’s parked vehicle sustained while a City snow plow was plowing the Weaver Library parking lot.

Motion by:  Councilman Coogan                    Seconded by:  Councilman DiTraglia

Motion:  Defer the claim.

GAIL WASHINGTON         $Unspecified

RM No. 09-014, Claim No. 09-003

Claim for personal injuries sustained as a result of a slip and fall in the parking lot of the East Providence Housing Authority.

Motion by:  Councilman Cusack                    Seconded by:  Councilwoman Perry

Motion:  Refer the claim to the East Providence Housing Authority.

DIANE M. CONNORS         $540.19

RM No. 08-099, Claim No. 08-055

Claim for damage to vehicle sustained when a City snow plow hit an object in the road causing the plow to pull to the left scraping the bumper of the claimant’s vehicle.  The Claims Committee voted at its meeting held on January 20, 2009 to request that the claimant obtain two additional estimates.  See attached estimates submitted by the claimant.

Motion by:  Councilwoman Perry                   Seconded by:  Councilman Coogan

Motion:  Approve the claim in the amount of $540.19.

IAFF LOCAL 850 & CITY OF EAST PROVIDENCE

GR: IMPASSE IN COLLECTIVE BARGAINING 2008-2009 SALARY/WAGE RE-OPENER

AAA #11 390 02126 08

Motion by:  Councilman Cusack                    Seconded by:  Councilman DiTraglia

Motion:  Instruct the City Manager to modify the City’s position.

DORCAS C. HENDERSON VS. CITY OF EAST PROVIDENCE

COMMISSION FOR HUMAN RIGHTS

RICHR NO. 08-EPD 057

EEOC NO. 16J-2007-00397

Oral Status Report

Motion by:  Councilwoman Perry                   Seconded by:  Councilman DiTraglia

Motion:  Receive as information.

A motion is made to accept the claims committee report is made by Councilman DiTraglia, seconded by Councilman Coogan and on a roll call vote it is unanimous. 

C.     Planning Department – Director Jeanne Boyle

Disposition of Surplus State Land, Pawtucket Avenue (02914)

The City Manager was asked to provide the report for Director Jeanne Boyle.   There is a piece of surplus Department of Transportation land in the area of the Wampanoag Plaza shopping center.  The shopping center is being renovated, it is 9,238 square feet.  The City believes the acquisition would enhance the flow of vehicles.  The City does not have an interest in this property.  Under the rules the City could ask that it be awarded to us but the Planning Department recommends the City waive its rights to purchase the property from Rhode Island Department of Transportation. 

A motion is made to respond to waive City’s right to purchase by Councilman Coogan, seconded by Councilman DiTraglia and it is unanimous.   

D.    Council Members

Update on School Committee deficit reduction plan, position of the teachers’ union and State Labor Relations Board.  (by Mayor Larisa)

The Mayor stated this will be an ongoing item until about 2009/2010. The taxpayers have their response to the budget quiz the teacher’s union passed out in the community.  The taxpayer’s response is being passed out around the city now.  The Mayor reiterated there is no savings for the City from the arbitrator’s decision and instructed those interested to see the analysis on the City website.  The arbitrator’s decision will cost $3 million where we need to save money.  The teachers have raised the issue of respect.  No one on this council has said anything disrespectful.  Certainly it has been heard on talk radio, it’s important to note that tax payers want respect too, they are really struggling and they are paying the maximum tax increase allowed which is 3.5%.  Should they be asked to pay more?  In the community the Council is getting feedback of 9-1 against the budget quiz and the teacher’s union position.  When the budget quiz went out we heard from constituents and it was almost unanimous that they are opposed to the teachers keeping the current salaries and benefits. As an example, the Mayor read an email which had been sent to him and the President of the Teacher’s Union Valerie Lawson.   The letter described how the resident cannot afford another tax increase.  He recently lost his job, the day after Christmas and he can’t pay the bills he has now.  He also added he has no health care and may have to put his home on market even though the market has tanked he may have no other choice.  He wanted to know why can’t teachers give back for a change?  He said in a way he almost favors bankruptcy because it would mean an end to the contract.  He was a member of a union years ago and stated they did not have these kind of benefits.  He further added that some teachers don’t even live in city to pay the tax increases and they should be thankful they have a paycheck.

The Mayor continued adding the $3 million being asked for is one portion of a solution to a $9 million problem.  That is less than half and a 5% increase in teacher salaries would be over $1.5 million a year this year with another $1.5 million the following year which adds up to more than what the School Committee is trying to recoup.  This doesn’t even factor in the co-pay and prescription drug plan or the buy backs.   The $3 million is fair and commensurate with the salary and benefits the teachers are receiving, this is an average of a $6,000 cut in salary and benefits but it still results in $85,000 in salary and benefits a year for the average teacher.  The stimulus monies coming to the State will help to fix the rest of the $9 million deficit but this does not change the other $3 million in savings we still need from the school side.

The State Labor Relations Board ruling will not solve the issue.  The School Committee will lose before the Labor Relations Board but that doesn’t change anything. This is a labor board who has never ruled against organized labor on any significant issue.   When the School Committee loses it will then appeal to Superior Court, who already sided with the School Committee on a previous ruling.  Lastly, the Supreme Court could also hear an appeal and that appeal is a strong possibility making the case not officially decided until 2010. When the case goes up on appeal, it is heard as de novo.  If the question is a legal question, the State Labor Relations Board opinion doesn’t matter.  It is factored in however if it is a factual question.   This is the reason why the teachers union is trying to make the argument a factual argument using “bad faith” as it’s argument. 

The teachers union refuses to negotiate due to the fact that they do not want to bargain for the $3 million dollars in savings being requested.  What the teacher’s union wants to do is to split the $3 million down the middle and that means we can’t balance the budget.  The City is still and will continue to ask for negotiations but they must be based on $3 million in savings. 

Requesting report from the City Manager on Police Department for last two years, concerning outside legal expenses, overtime pay for Internal Affairs, overtime pay for replacement officers and back pay for suspended officers during officer investigations.  (by Councilman Coogan)

Councilman Coogan stated he placed this item on the docket because there has been quite a few officers in the last 5 years who were investigated, one who was suspended and went to court and won and was paid $136,000 plus back pay of $75,000 and now continuing to fight this case has cost the City an additional $125,000 which the officer won as well.  Two officers were in Superior Court on trial at the same time.  These officers both won and the City paid their salaries, overtime to replace them while they were out and attorneys fees.  We are going after teachers and we could do a lot to save money on the City side.   Right now I see a total of approximately $750,000 spent on cases against officers which were lost.  There was a Lt who was suspended and sent to New York to see a specialist, the department claimed was not available in Rhode Island and all expenses had to be paid.  After all these expenses were paid it was found that nothing wrong.  Councilman Coogan requested a full report of dollars spent from the City Manager for the next Council meeting. 

The City Manager stated he will get the report together.

Councilwoman Perry stated that it would seem Councilman Coogan has an inside track on knowing more of the things going on in the Police Department than the other members of the Council.  She mentioned she received an anonymous letter accusing people of carrying out a malicious vendetta within the department.  She added, an anonymous letter describing all of these items is itself a malicious vendetta.  Imagine going out on a call and relying on a person like this, who wrote a letter like this, for your backup.  Unless you have the guts and information to back up the items listed don’t send this kind of letter.  Councilwoman Perry ripped up the letter.

Councilman Coogan said the perhaps the author of the letter feels himself in danger if he signs it.

Councilwoman Perry stated that with these types of complaints you have to come forward, this is how rumors start.  She added she didn’t think the majority of the police department would do something like this.

Councilman Coogan responded that Detective Rossi will be coming up under Communications and perhaps he can speak to the majority who voted no confidence in the Chief and added that he looks forward to receiving the report he requested.

The City Manager stated that he will have the report but may not have it in 2 weeks time.  The Human Resources Director is away on vacation and it may take a bit longer but added that he will have it within the month.

Mayor Larisa stated the assumption that all the spending is unfounded is premised on the discipline action actually being a vendetta, if that is the case then that would be wrong.  However, just because the City lost the case doesn’t mean it shouldn’t have brought the case.  The Mayor asked the City Manager to make sure to inform the Council as to why the charges were brought.  As he understands a recommendation by the Chief to investigate must be approved by the City Manager and by the Council if outside council is to be used before funds can be expended, further, approval depends on the quality of the charge and whether it was meritorious. It is Councilman Coogan’s right, as it is of every council member, that they have the right to get every bit of information from the City Manager and any Departments to make appropriate decisions.  We also have to factor in that sometimes when an investigation ensues a criminal loss may take place and then a civil win follows the criminal loss.   

The City Manager stated he will make all items listed part of his report.

Councilman Coogan noted there were other cases, for example, one where an officer broke a person’s teeth and was not disciplined and that case cost the City money as well.  The Police Department can’t pick and choose what wrongful actions they want to prosecute.  Councilman Coogan asked the City Clerk to read the anonymous letter. 

The City Clerk stated she was not given a copy of the letter so she could not read it.

Mayor Larisa added that anonymous letters don’t receive credence.

Councilman Coogan asked what about the letter you read?

Mayor Larisa said it’s not anonymous, this was emailed to Teacher’s Union President and myself, I may have only given his first name to the public but I didn’t read the last name because I didn’t have his permission and I am not sure if he wanted it disclosed.  Referring to the anonymous letter, the person could sign their name and ask the Council not disclose the name and we would protect that person. 

V.        INTRODUCTION OF ORDINANCES

A.The Director of Public Works, with prior approval of the City Council, is authorized to designate handicapped parking areas and shall review biennially to determine if a previously designated area should be removed.  The Director of Public Works is also authorized to remove a handicapped parking area with prior approval of the City Council.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

                                    CITY OF EAST PROVIDENCE

                                    AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

                                    REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

                                    RHODE ISLAND, 1998, AS AMENDED, ENTITLED

                                    “VEHICLES AND TRAFFIC.”

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (b) of Section 18-315 entitled “Same—Handicapped parking.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 entitled “Vehicles and Traffic.” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is amended to read as follows:

VI.       COMMUNICATIONS

A.    Jessica Wang from Rhode Islanders for Fair Elections requesting to address the Council regarding pending legislation creating a voluntary system for full public financing of all statewide elections. 

This item was asked to be deferred to the next Council meeting at the request of Jessica Wang. 

A motion was made to defer to the next Council meeting by Councilwoman Perry,  seconded by Councilman Ditraglia and it is unanimous.  

B.     John J. Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding none or very limited removal of vehicles from the Police Department Fleet. 

Detective Rossi stated he is President of the International Brotherhood Police Officers local 569 and he is asking the Council to reconsider the removal of 7 cars which started with Councilman Coogan, who was correct to ask to purchase the 5 frontline cruisers because our front line cars are hurting. There is no real cost savings to the cars the Council is approving to remove as most of the cars, including detail cars, are pretty much worthless.  They are worth something to us and to the City but not to a private party.  They would sell for about $600.00 and their maintenance is minimal and with the stimulus monies coming in, road construction increases and Verizon Fios is coming to the City and both will need detail cars which are slated to be axed.  These cars actually pay for themselves, in 15-30 hours of detail work the officer and the car are paid for by the private contractor.  Under the current proposals the Sgt vehicles would be removed, they would now be forced to take detail cars, which are not up to the task to be frontline cars.  On the point of Captains cars, these are executive officers, division heads, who are on call 24 hours 7 days a week.  Any kind of approved for leave ie: vacations, they do not use the cars.  I don’t consider these cars to be a perk captains have used these cars as part of this position since 1956.  Further, there is no tangible evidence that they have been misused.  If a car is seen out of place the person needs to make a complaint to OPS.

Councilman Coogan asked how do you feel about the $750,000 spent to investigate police officer complaints?

It’s warranted looking into this complaint via the Office of Professional Standards.

Councilman Coogan began asking questions as to the investigation and at that point

Councilwoman Perry called a Point of Order.

Mayor Larisa announced a Point of Order and added this item is outside of what is listed on the docket and the City Manager is preparing a report.  Stating Councilman Coogan can get to this at the next meeting if he wishes.

Mayor Larisa relayed to Det. Rossi that the detail cars, the 10 vehicles, will only go away if the cost of repairs are no longer worth it.

Det. Rossi stated he just doesn’t know what the savings are on cars which are listed for removal now one of the cars is a 98 Sable which is worthless out of the Department.

Councilman Coogan stated he didn’t care about the 98 Sable what he cared about were the frontline cars which are needed now.

Det. Rossi said it’s almost as if the Police Department is generating the money that keeps our public safety fleet new, first line responders keep the public safe and it is a self sustaining system and I feel it will break down for pulling the 5 cars off the original 10 cars which were to be purchased.  He further added that he agreed the 10 cars should be purchased so we can flush out the old cars.  It is taxpayer money but it is self generating and it doesn’t affect the property tax rate.

Mayor Larisa added, a little point of correction, it does matter because the excess in that fund has been taken out so we would not have to increase taxes by that amount.

Det. Rossi agreed but added with front line cars that run all the time there is a price that is going to be paid eventually and he just hopes no one gets hurt.  Our Officers do a good job. We have the lowest crime rate in the State and criminals continue to fear coming here and I am asking you not to cut the vehicles from the Police Department.  He added he doesn’t agree with anonymous letters.

Councilman Coogan asked for the details of the no confidence vote for the Chief.

Det. Rossi stated it was 55 for no confidence, 37 for confidence, 8 with no opinion and added this was all quoted in the East Providence Post and is public information.

Councilman Coogan stated that is was he who brought up cell phones and they were reduced, it was he would brought up cars and they were reduced and added the Council shouldn’t have to be managing the Police Department the City Manager should be.

C.     Armen Garo, 14 Pierce Lane, Rehoboth, MA requesting to address the Council regarding none or very limited removal of vehicles from the Police Department Fleet.

Armen Garo stated that based on the proposals of vehicles he didn’t’ think there was any need for him to address the issue. 

Councilman Coogan made a statement prior to adjournment that Councilman Cusack had lost his voice and that is why he was quiet today. 

VII.     ADJOURNMENT

A motion is made to adjourn by Councilman Cusack, seconded by Councilman Coogan and it is unanimous.  9:03 p.m.

Attest:

___________                                                                                      Approved:  March 17, 2009

Kim A. Casci

City Clerk