I.          THE CONSENT CALENDAR

A.    Approval of Council Journals

1.      Regular Council Meeting June 2, 2009

2.      Executive Session June 2, 2009

B.     Letters

1.      RI Ethics Commission Request for Comment for June 16 Workshop

2.      Notice of New Property Number 68-70 Sidney Street. 

3.      Notice of New Property Number 70 Pawtucket Avenue.

4.      Public Utilities Commission, Providence Water Supply Board, Rate Filing Docket. 

5.      Coastal Resources Management Council Agenda for June 10, 2009 meeting 6:00pm at 235 Promenade Street, Providence. 

C.    Cancellation/Abatement

A motion is made to approve the Consent Calendar noting there is an Executive Session on June 2, 2009 those minutes are to remain closed by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous. 

II.        PROCLAMATIONS AND PRESENTATIONS

      1.”Proclamation and Presentation” – By Nancy Stevens

Nancy Stevens came up to the podium and Mayor Larisa gave an introduction and detailed description of Nancy Steven’s more than 30 years of service and read a proclamation and plaque which the City of East Providence presented to Nancy Stevens.  Nancy Stevens gave a speech and thanked everyone for the surprise presentation and expressed gratitude to all of the people who have spent so much time helping the City and expressed the need for more people to come forward and volunteer their time too.  Councilwoman Perry gave her congratulations, thanks and admiration for her years of service. 

III.       APPOINTMENTS

1.Carousel Park Commission (by Councilman Cusack)

Carol Luther, 269 Don Avenue (02916)

A motion is made by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous.

2.Historic District Commission (by Councilman Cusack)

   Claudette Field, 1474 Pawtucket Avenue (02916)

A motion is made by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous. 

A request is made for unanimous consent from Councilman Coogan for the appointment for Traffic Control. 

William A Dorney III 76 Faith Street (02914).  A motion to approve is made by Councilman DiTraglia, seconded by Councilman Cusack and on a roll call vote it is unanimous. 

IV.       LICENSES REQUIRING PUBLIC HEARING

A.Alcoholic Beverage B – Full Privilege (transfer)

Felshy, Inc. D.B.A. Cattails City Grille to Bruno Foods, Inc. D.B.A. Cattails City Grille 315 Waterman Avenue (02914)

David Dalabashin legal counsel for Bruno Foods stated it is an actual change of ownership, a purchase of the assets, same menu and same hours.  Councilman Cusack asked if he had any previous experience in the food service business and the applicant replied he had worked for Bally’s Casino in Mississippi as region director of operations, two hotels and six restaurants and all the non gaming items fell under his supervision but added this was his first ownership venture.  He is a resident of Cranston. 

Mayor Larisa asked if they were aware that there were two small objections from liquor companies on the property. They stated they were and they have spoken with them and whatever owed monies would be paid now and any objections would be released.  The Mayor asked if they had any objection to Council approval pending the release of those objections and the reply was no objection. 

A motion is made to approve by Councilman Coogan, seconded by Councilman Cusack and on a roll call vote it is unanimous.

V.        LICENSES NOT REQUIRING PUBLIC HEARING

A.Vict/Over 50

Felshy, Inc. D.B.A.Cattails City Grille to Bruno Foods, Inc. D.B.A. Cattails City Grille 315 Waterman Avenue (02914) 

A motion is made to approve by Councilman Coogan, seconded by Councilman DiTraglia and on a roll call vote it is unanimous. 

Mayor Larisa calls John Almeida, President of East Providence Little League, who requested unanimous consent to address the Council regarding the concession stand at Pierce Field.  Mayor Larisa let Mr. Almeida know that the Council and the City Manager will be taking no action on this issue before the next Council meeting and that a meeting will be set up between the City Manager, the Director of the Parks Department, the Athletic Director from the High School and the East Providence Little League.  If there is still a dispute by the next Council meeting then he could get on the docket for next time.  Councilman Cusack added that he would not lose any position during that time.  Councilman Coogan added that he had no problem if he wanted to come up and speak.  Mayor Larisa indicated that he sees no need at this time, it’s premature.  Councilman Cusack stated if an agreement cannot be reached at the meeting no action will be taken on that concession stand unless they get an opportunity to address the Council.  Council agreed. 

VI.       NEW BUSINESS

A.CITY MANAGERS REPORT

1. "RI-LEAP (Roadway Investment - Local Equity Aid Program) Application Approval"

The City Manager informed Council has received correspondence the City will be receiving approximately $566,926 for roadway improvements under RI-LEAP.  All municipalities must submit proposals for projects by July 1, 2009 and that these projects should be ones that are relatively easy to implement.  There are four projects recommended; North Broadway from Dewey Avenue to Greenwood Avenue, Forbes Street from Willet Avenue to Wampanoag Trail, Brightridge Avenue from Pawtucket Avenue to Warren Avenue and Bishop Avenue from Ferris Avenue to Newman Avenue.  We recognize that we have needs that go beyond these four streets but given the amount of money available under the program and considering the constraints dictated by the program we are recommending Council approval of these roadways for submission to DOT for the projects listed. 

Councilman Cusack stated the memo recounts the interaction between the City and State DOT.  North Broadway is in dire need of repair as is one of the bridges over the Ten Mile River and right now there is a hardship because the bridge is posted and it’s narrow and fire trucks, buses and heavy vehicles can’t go over it, there are all kinds of detours going through neighborhoods.  DOT promised that would be addressed in two stages, the first being taken care of rather quickly.  That hasn’t happened so we are going to be talking to DOT about that bridge.  I thank you for making this a priority even over technical objections by DOT, as do my constituents and all those in East Providence that travel over this bridge which is in abysmal condition.

Mayor Larisa asked for an update about the bridge that crosses North Broadway which is down to 1 ¾ lanes. 

Steve Coutu Director of Public Works was called up by the City Manager.  He stated that DOT restricted the bridge further without notifying the City.  We have received conflicting reports from DOT staff as to where that project stands.  I am having another meeting with them next week.  Some branches of DOT see the project on a fast track and others don’t.  This LEAP project not only includes improvements to the bridge but also extends to the South and included improvements to the entire intersection of Roger Williams, North Broadway and Center Street.  I am hoping to get more information at this upcoming meeting and it’s important to keep this a priority.  

Mayor Larisa asked if the City could draft a one page resolution that the Council supports tonight, that the bridge project is a top priority and also a safety issue.  With no objection the Council supported this resolution.

Councilman Cusack stated that he served with the Director Lewis from DOT on a panel regarding the financing of the State’s infrastructure.  And stated if he can meet with him and the City Manager and the Mayor perhaps they can get the Director on board and let him know this is a priority of the City. 

Mayor Larisa said if they are sticking to 3 or 4 years under construction there is going to be a problem, cars are having a difficult time particularly at night. 

Councilman Cusack stated that DOT said they would tack the bridge underneath so it wouldn’t need to be posted and that when it was posted it would be a couple of months. 

Councilman Coogan agreed that the area gets very dangerous and some people bounce off the barriers.  Councilman Coogan added an item not on the docket while Director Coutu was at the podium asking him to address the tall weeds at the Senior Center. 

The City Manager stated he would take care of the issue. 

A motion is made to approve the LEAP program as amended and to send a resolution regarding the bridge as discussed is made by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

2.“Adoption of master plan for Hunt’s Mills”

City Manager Brown explained the City has received two historic preservation grants totaling about $175,000 one is a DEM Historic Park Preservation Grant and the other is a Preserve America Grant.  The purpose of these was to identify the previous uses of Hunt’s Mills and to document their historic significance and propose improvements to inform visitors to learn of the heritage and the role of Hunt’s Mills in the development of the City and contribution towards the Industrial Revolution in this country.  The first phase of the project began in November 2008 when the City hired a landscape architect and a preservation consultant and they have come up with a preliminary master plan for Hunt’s Mills.  We are looking for Council approval for this plan we are really talking conceptually of the larger plan and we’re looking more for an approval of phase one of this project.  City Manager Brown calls the Director of Planning, Jeanne Boyle to the podium to give more detail. 

Jeanne Boyle introduced Sarah Bradford the landscape architect from Bradford Associates and Patrick Hanner, Senior Planner from the Planning Department.  We have been trying to work with Groundworks Providence, should the City approve phase one of the plan and we also have the Director of Groundworks Providence ,Joe Vaughn here tonight if the Council has any questions on that topic. 

Patrick Hanner gave a brief background explaining that they began by identifying all the aspects of Hunt’s Mills.  At that point they proposed amenities that would allow people to get closer to sites, with signage and benches increasing the usage of the area.  We went on to develop a long range master plan.  In February, we held a workshop to introduce the master plan.  There was some concern that encouraging more people to the site might also encourage more of the undesirable uses such as underage drinking, vandalism, noise and illegal dumping.  In response to those comments we met with the Police Department and they provided feedback and guidance and suggested selective clearing of the vegetation in the center of the site which would provide police officers better visibility.  They suggested the park should be closed between sunrise and sunset and further suggested security gates.  There is funding for this first phase.   The clearing of the vegetation is very selective and most of this is invasive species.  There is a proposed walking trail, terraced gardens behind the Hunt House, placement markers and signage and there is funding for four interpretive panels.  A suggestion for a need for a kayak boat ramp or some sort of a portage area was made.  That isn’t actually showed on the concept or the master plan at this point we have limited funding and if we use funds now to construct this it could absorb the majority of the funds.  We also need further discussions on where we would like to put this area.  Right now there is nothing physically restraining anyone from doing this without this area developed. 

Mayor Larisa stated that there was some objection to this and asked if there was anything blocking this construction later. 

Patrick Hanner said not at all it’s just a matter of funding.  There will be additional meetings and workshops and the public is encouraged to attend.  We are not sure the funding from these particular grants could have even been used for this purpose. 

Councilman DiTraglia stated he saw for himself at the meeting that many suggestions came from the public, there was some concern but following the meeting it seemed people were in agreement in general. 

Councilwoman Perry stated she received some communication from the Watershed Council regarding kayaking.  Have you had any communication from the Conservation Commission?

Patrick Hanner stated they did have comments after it was presented to them and most of them had to do with clearing of the site and disturbing wildlife and this was taken very seriously.  We calculated the tree canopy at Hunt’s Mills around 80% and what you see on the master plan, there is some clearing of trees but it’s only a reduction to 70% tree canopy which we feel is not a significant amount.  There may be some disturbance of wild life but nothing of an endangered species nature.   We will continue to consult with the Conservation Commission.  

Councilwoman Perry asked if there was a time frame and the reply was they were moving on schedule and everyone is on board that a kayak launch area would be great and if when we can get the funding RIDEM may look at this as a significant alteration to a wetland and we would have to take the time like we did for the raised walkway which took 1 ½ years. 

Councilman Coogan asked out of the grant money how much would go for permitting and the response was none at this point they don’t intend to go for permitting.

Mayor Larisa wanted to know if any of the funding could even be used for a boat ramp whether or not it would eat up most of the funding, the response was that when applying for the grant it was a historic preservation grant and there are items we must cover with the funds and a boat ramp wasn’t in there, we could do it but we need to satisfy what is the grant first and foremost before we can go off and take a secondary approach.  Having this master plan in place will give the City the chance to go after other grants and we could apply for boat launch funds then and that could easily be added. 

Councilman Cusack commended the Planning Department stating he had attended the initial meeting, reuse of the pump house as an education center.  This master plan though up for approval tonight can be changed and amended over the years.  I did receive an email objection from the Watershed group and I agree with a launch site being looked into for a future, I disagree with the entire property being left exactly as it is.  When you look at old photos it was really a bucolic beautiful site that was used for picnicking and it has really been let go and I think it would be great to have adaptive reuse of the property leaving some for open space. 

A motion to approve the plan is made by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous. 

3.Statistical Revaluation Companies – Prequalification

    Refuse & Recycling Companies – Prequalification

City Manager Brown stated the City is required to undergo a revaluation of its property and the City advertised in the February edition of the Providence Journal and based on the qualifications submitted we are recommending two companies be approved. 

Councilman Cusack asked if one of these companies, Vision, was one we used last time.  Is Vision the vendor that did the work in Barrington?

City Manager Brown stated yes and Councilman Cusack stated he just wanted to draw attention to the controversy going on there now regarding the drastic change in property values in this economy and please do all you can to assure we have a good company coming in to do this job.  A lot of this has to do with changes in market value but we need to do our best to ensure the vendor is the best possible. 

The City Manager stated he did speak with Barrington and talked to residents and City Officials regarding the involvement of Vision Appraisals.  It all depends on where you are in the process.  It can be a very emotional endeavor on the value of the major investment in your life.  Because there is such a value placed on a particular property, such as those in Barrington, it tends to skew the values.  The data they used to rely on to make that decision, comparison of comparable properties, was probably appropriate at the time however when they made their final presentation the market had changed dramatically. 

Councilman Coogan asked if there was any help in coming up with these two recommendations and the City Manager replied Jim McDonald, the Tax Assessor and the Purchasing Agent.  Basically there were four firms that submitted requests, one has never done any evaluations in Rhode Island and one has never done a City the size of East Providence. 

Mayor Larisa asked if this is a statistical or full appraisal and the response was statistical the City has six years before the next full. 

Councilman DiTraglia stated he heard nothing but complaints regarding Vision Appraisal and feels they lost touch with reality.  Most of the homes were valued at $275,000 and up and there aren’t a lot of homes in East Providence at that level.  They shouldn’t be going with what they were valued at two years ago and this is why taxes are so high.  They should take consideration of the area not the country, the state or other parts of the state.  I don’t know the formula they use.

The City Manager said he is not familiar with the formula but stated they are looking at the comparable sales in the area.  Items that a real estate agent includes that increase the value may have nothing to do with what an appraisal company does.  We are not awarding one company just that these companies qualify.  The drop in the economy and housing market took everyone by surprise.  Now that these companies are aware of what happened in the market place that gets factored in, just like an up market a down market gets factored in. 

Councilman DiTraglia said those houses that were appraised high are now low and we don’t get the taxes we would have. 

City Manager Brown stated that under the law the revaluation of property is supposed to be revenue neutral, if values go down the tax rate adjusts so the City can bring in the same amount of money as the City brought in before.  If the tax base shifts away from residential toward commercial and industrial then that benefit occurs to the individual home owners and vice versa. 

Councilman DiTraglia requested in writing from each company the process they go through in evaluating properties. 

City Manager Brown acknowledged this would be coming as this moved forward. 

Councilman Cusack stated whether the value is high or low the City needs to raise a certain amount of money to make the City run.  What you want is a fairness of contribution from all homeowners.  If all the houses go up an average of 6% and your house went up more according to Vision Appraisal then your taxes go up because there is a shift of burden to you personally.  You never hear from those people who taxes don’t go up only the ones whose taxes go up disproportionately.  If this is the case they need to go to the Tax Assessor’s Department and sometimes they may need an attorney. 

A motion to approve the two prequalified vendors is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous. 

            4.Refuse and Recycling Companies Prequalification 

City Manager Brown stated the City advertised for request for qualifications on April 13 and June 1 and we received responses from six companies, our review company met and chose four companies which met the qualifications.  Allied Waste Services, Inland Services Corporation, Mega Envirosafe and MTG Disposal and Waste Management of Rhode Island and we are asking for Council approval to move forward in the bidding process. 

Mayor Larisa called Steve Mutter to the podium and let him know that Council had received calls from a company that was not on the approval list due to the fact that they did not meet qualifications that they had not demonstrate the ability to collect refuse and recyclables from curb side in a community of a minimum of 15,000 households.  Is that correct?

Steve Mutter stated it was the review committee who reviewed applications and the minimum was a community servicing over 15,000 households in 15 years we have gone through six companies some of which have gone bankrupt.  It’s an apples and oranges situation, the difference in small communities and a city of this size, where there are nine vehicles out there on any given day.  We aired on the side of caution to perform in a city of our size with the necessary expectation of our residents.  Coastal Service had North Providence at one time which was 10,000 households most of the others were small communities.  North Providence was operating with two rubbish trucks and two recycling trucks.  On the review committee with myself was Steve Coutu, Paul Aroizo and the Affirmative Action Officer Elmer De Pina. 

Councilman Cusack asked if part of the process to qualify bidders was discussing with the current clients of these vendors? 

Steve Mutter stated he is the President of the Rhode Island Recycling Commission and there are 22 communities involved in that commission and he speaks with them on a regular basis and spoke with them regarding these companies as well.  

Councilman Cusack stated that after tonight it just goes to the lowest price so I just wanted to confirm that any other objections to a bidder would have occurred and Steve Mutter replied absolutely. 

Mayor Larisa asked if we move to mechanical in the future we are contracted year to year and Steve Mutter replied yes and added they are also asking for an alternate bid for an automated collection system just to see if there would be savings.

Councilwoman Perry wanted to know how they arrived at 15,000 households and Steve Mutter replied the City has just over 16,000 so we decided 15,000 was a good number to use as a threshold there are 5 other communities in the state that have 15,000 plus households but they can be servicing any other state as well two are in Massachusetts with Rhode Island offices if they are awarded the contract they do have to set up a Rhode Island office. 

Councilman Coogan asked who the company is now and was told it is Envirosafe and they have an office in East Providence and complaints are low. 

A request for unanimous consent came from the audience, the Council agreed to let him speak and he approached the podium along with another company representative.  Anthony Davidson from Coastal Recycling a 9 year old company and had serviced North Providence along with other communities at the same time.  North Providence runs 6 trucks and Cumberland 7 trucks.  If you give me a chance you have a year and if you don’t like it you can release us.  We are a Rhode Island company and what you have on your list is all out of state companies.  He stated he could save $10,000 a month for the City. 

Steve Mutter was called back up and explained that in contacting some of the communities they are working in where they have lost their bid, they now have less complaints and more tonnage being sent in with recycling. 

David DeMao from Patriot Disposal located in Johnston Rhode Island and has been in business for 10 years.  Prior to being Patriot we were Liberty Disposal and had a contract with East Providence, Louie Vinagro ran the company then and now his son does.   They operate 50 vehicles and are larger than MTG and are commensurate with Coastal.  We want the opportunity to service communities in Rhode Island and in the past Liberty has offered East Providence their services in the past when companies previously being used closed up.  We know the state and companies from out of state do not.  We want the ability to bid for the job and then you put us under a microscope and see how we do our job. 

Mayor Larisa stated our City Government relies on a professional City Manager and competent Department Heads who investigate this for us and Steve Mutter is recommending these four companies. 

Steve Mutter responded to the presentation stating that he does recommend Liberty for the Commercial aspect of collection they are a reputable company in the state and the committee looked at them at Patriot, not Liberty disposal and therefore Patriot has not met the recommendations set forth.  We had a similar situation with this when NEED came before the Council to submit bids and we all know how that ended up in bankruptcy and we were the last community to arrange a financial situation with them, paying them every two weeks with at least two weeks notice before they locked the gates, we tried to secure the bond and the bond company went out of business.

Councilman Cusack stated to Steve Mutter having been in the business for 20 years and work with all the other communities and you know a lot about the Johnston Landfill regarding the volume of the landfill vs the amount of tonnage that has gone over the scale that doesn’t match up. 

Steve Mutter added that when a new vendor came on the recycling tonnage went up and the regular tonnage went down, in North Providence the recycling coordinator followed Coastal trucks and saw them throwing cardboard in the non recyclable trucks. 

A motion to approve is made by Councilman Cusack, seconded by Councilwoman Perry and on a roll call vote it is unanimous. 

B. REPORTS FROM OTHER CITY OFFICIALS

1.   Claims Committee Report (by City Solicitor James Briden)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Perry and seconded by Robert Cusack to convene in closed session for the purposes of discussing claims & litigation and an unexpected occurrence that requires immediate action.  Upon a roll call vote:  Mayor Larisa – Aye, Councilman Coogan - Aye, Councilman Cusack – Aye, Councilman DiTraglia – Aye, Councilwoman Perry – Aye, the motion is approved 5-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                             JUNE 16, 2009, 6:30 P.M., ROOM 101

====================================================================

NEW CLAIMS

MARGOT MENCOFF                                                                                                        

RM No. 09-050, Claim No. 09-031

Claim for property damage to vehicle sustained as a result of striking a pothole on Massasoit Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Coogan                                Seconded by:  Councilman Cusack

Motion: Deny the claim.

JANE K. CAREY                                                                                                 

RM No. 09-053, Claim No. 09-032

Claim for personal injuries as a result of a slip and fall because of sidewalk slab uplifted at 26 Mountain Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman DiTraglia                             Seconded by:  Councilwoman Perry

Motion: Continued to July 21, 2009 Claims Committee meeting.

MARY LEKAS                                                                                                    

RM No. 09-048, Claim No. 09-029

Claim for property damage to vehicle sustained as a result of striking a pothole on Bullocks Point Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Cusack                                Seconded by:  Councilman DiTraglia

Motion: Deny the claim.

LITIGATION

MICHAEL J. DAMIANI V. CITY OF EAST PROVIDENCE ET AL

United States District Court for District of Rhode Island

C.A. No. 08-4055

Oral Status Report.

Motion by:  Councilman DiTraglia                             Seconded by:  Councilman Cusack

Motion: Continue to July 21, 2009 Claims Committee meeting.

LIQUOR DEPOT EAST PROVIDENCE, INC. V. CITY OF EAST PROVIDENCE ET AL

Department of Business Regulation

DBR No.: 08-L-0250

Oral Status Report.

Motion by:  Councilman DiTraglia                             Seconded by:  Councilman Cusack

Motion: Adopt recommendation of Law Department.

EAST PROVIDENCE EDUCATION ASSOCIATION V. EAST PROVIDENCE SCHOOL COMMITTEE, ET AL

NO.: 09-27-M.P.

Oral Status Report

Motion by:  Councilman DiTraglia                             Seconded by:  Councilman Cusack

Motion: Accept report of Law Department.

MISCELLANEOUS

GEONOVA DEVELOPMENT COMPANY

STATUS REPORT

Motion by: Councilman Coogan                                 Seconded by:  Councilman DiTraglia

Motion: Refer to Law Department for further action.

NANCY & JOSEPH ESCOBAR                                                                             

LIEN MATTER

Motion by:  Councilman DiTraglia                             Seconded by:  Councilwoman Perry

Motion: Continue to July 21, 2009 Claims Committee Meeting.

NANCY & JOSEPH ESCOBAR                                                                             

LIEN MATTER

Motion by:  Councilman DiTraglia                             Seconded by:  Councilwoman Perry

Motion: Continue to July 21, 2009 Claims Committee Meeting.

IAFF LOCAL 850 & CITY OF EAST PROVIDENCE

IMPASSE IN COLLECTIVE BARGAINING 2008-2009 – SALARY/WAGE REOPENER

Oral Status Report

Motion by:  Councilman Bruce DiTraglia                   Seconded by:  Councilwoman Perry

Motion: Accept report of Legal Department.

SW LOCAL 15509 & CITY OF EAST PROVIDENCE

GARY CONRAD DISCHARGE

Oral Status Report

Motion by:  Councilman DiTraglia                             Seconded by:  Councilwoman Perry

Motion: Accept report of Law Department.

IAFF LOCAL 850

NEGOTIATIONS FOR A MULTI-YEAR CONTRACT

Oral Status Report

Motion by:  Councilman DiTraglia                             Seconded by: Councilwoman Perry

Motion: Accept report of Law Department.

BEEDE WASTE OIL SUPERFUND SITE

Oral Status Report

Motion by:  Councilman Coogan                                Seconded by: Councilwoman Perry

Motion: To approve the Settlement.

A motion to accept the Claims Committee Report is made by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.     

Mayor Larisa asked to change the order of business and bring up the person requesting the Block Party approval.

A motion to change the order of business is made by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.    

2.   Helena E. Brochu, 14 Harding Avenue (02915) requesting to address the Council regarding a Block Party request for July 3, 2009 closing Harding Avenue. 

Mayor Larisa asked what time and the reply was 4-5pm-12-1am with the ability to watch the fireworks for the kids without having to watch out for the cars.

Noting no objections from the Police Department a Motion is made for approval by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous. 

A motion is made to return to the regular order of business by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous. 

C.        COUNCIL MEMBERS

1.      “In defense of the School Committee’s liberal public comment policy and the truth about the ‘protest’ and taxpayer protection” (by Mayor Larisa)

Mayor Larisa related the press regarding the non-liberal public policy on public speaking at the School Committee.  The Council has had its policy in place for many, many years and the School Committee is just adopting this policy.  In the past anyone could speak and the School Committee had to remain mute and they had no idea what was going to be discussed.  Usually people would like feedback and so the School Committee requested they get their item on the docket.  The meeting is supposed to help get decisions made, get on the docket so we can be prepared and we can have a back and forth which makes for intelligent and informed decisions.  Sometimes your item could come up for a vote and you didn’t get a chance to get on the docket and that is where unanimous consent comes in.  In that case, in Roberts Rules, under those exigent circumstances you are allowed to do this.  This is not a First Amendment issue.  Those who are complaining do not like the unilateral decision to roll back raises and increase co-pays for the teachers.  If we stick with the arbitrators decision that means a 10% tax increase this year to pay for that, that’s $300 per year more for the rest of taxpayers lives.  Teachers living in this City who pay taxes would pay $300 but get $6000 back.  Yes, they made a major sacrifice but regarding a tax increase, teachers will benefit from a property tax increase.  The one tool the School Committee and the City had was the unilateral implementation to try to cut the budget to balance the School Committee budget for this year, when you reach an impasse and you have a deficit you unilaterally take action just to balance the budget.  The Rhode Island Senate passed a bill against this. They passed an amendment to the collective bargaining law stating the existing contract shall remain in effect, making East Providence keep the co-pay at 0% and keeping the 5% increase in pay.  Our East Providence Senators DePonte and Devall signed on to what would cause East Providence to file bankruptcy.  The pro-taxpayers bills don’t even get a hearing at the State House.  The $300,000 to fight the unilateral implementation will save over $3.5 in savings for the City. Why didn’t we try to do this earlier a 20% co-pay and no 5% raise?  The policy for the School Committee to speak is the same as the City Council. 

Councilman Cusack agreed the bill is unbelievable and would bankrupt the City and provide the unions no incentive to negotiate especially if they have fiscally conservative representatives, they would just wait it out and try to get new people elected. Only Senator Pinga from West Warwick and one other Senator voted against this bill.  They are completely out of touch at the same time they accuse the City of making sweet heart deals with the unions they condemn us for trying to change these deals.  It is hypocrisy.  Imposing on us yet more burdens while they condemn us ignoring the bills put forward by the League of Cities and Towns that might relieve us from the previous bills forcing us to continue spending.

Mayor Larisa asked the Council to approve a letter to be sent to the Representatives from East Providence not to pass that same bill.

E.        COMMUNICATIONS

1.      Wesley Plante, 5 Ferncrest Drive (02915) requesting to address the Council regarding former Forbes Street Sanitary Landfill re-use plan. 

Would like to see the old Forbes Street landfill turned into a combination of a wildlife sanctuary and a cemetery and gave a presentation as such.  This presentation was submitted to the Council and Council instructed Wesley Plant to bring these items to Jeanne Boyle Director of Planning for further study. 

2.      Melissa Andrade, 89 Interlocken Road (02915) requesting to address the Council regarding the need for improvements to Silver Spring Playground. 

Ms. Andrade is asking that the City Council approve a $75,000 capital improvement for Silver Spring Playground.  Not only children in the neighborhood but also various sports teams including the Mohawks.  Unfortunately, Silver Spring lacks in care and upkeep where others have received renovations.  The wooden shelter was falling apart and brought to the attention of then Director of Parks Joseph Crook that this would be fixed and a grant was coming to refurbish the basketball courts.  This did not happen.  Mike Bartlett visited after Mr. Crook’s retirement and he stated he has made various recommendations to refurbish and they never happened.  He suggested I contact David Bachrach and explained to me how the CDBG grants worked.  Nothing seemed to be working so in August of 2008 at David’s direction I went before the Planning Department, currently we are ranked 3^rd in line on the Parks Department list.  We still have not gotten anywhere.  The park was built in the 1960’s, basketball courts the 1970’s and the tennis courts were never finished.  No renovations were ever made.  The wooden shelter was torn down as it was deemed unsafe a new construction is being done using old wood from the original shelter.  We have one swing set and one play structure.  This is only its 3^rd play structure only replaced when others were deemed unsafe. She then went over the list of renovations at other playgrounds. Since 1999 we have received nothing from the City.  There are funds available.  The City just actually has to look for them.  We believe it’s time the City pays some long overdue attention to our playground. 

Mayor Larisa stated there are other playgrounds on your list that you didn’t state received renovations.  Usually this is based on usage and we need to find out from the Parks Department to see what the usage is.  Petitions from residents always help as this helped when we built the Tot Park at Hull Street Playground.  There is money somewhere, it may take a while but we can find a grant for certain things.  We need to get answers from Director Alba Curti on why this has happened. 

The City Manager stated he did have a brief discussion with Alba and there was a plan in place to rehab facilities, in most cases the rehab of playgrounds resulted from either CDBG or specialized grants for the playgrounds themselves but we will assist in looking for monies for this playground. The tree rehab vehicle results from our number one complaint Citywide which is tree upkeep.  We will work and look for monies for this project. 

Councilman Cusack stated he used to spend a lot of time there for soccer games and the use for that whole field area is intense and at one point the grass was really beat down and the playground area was a mess, there may be no usage because there is nothing to use.  It is a thickly settled area.  I think the usage would be there if they had the items to use. 

Jeanne Boyle came up to the podium and stated that sometimes there is a City match required but it sounds like if there was another DEM grant similar to Hull Street that could be used.   Jeanne will look into possible funding and will advise Ms. Andrade on the next round of grants. 

Councilwoman Perry said the Mohawks and others practice there, there is something going on there all the time.  Having to travel with her children and see all the other playgrounds, why should this one place be in such poor condition? I would like to see if we could do something about this.

Councilman Coogan stated that park is surrounded on all sides and children really use this park a lot and it needs some attention and you have my support. 

Mayor Larisa stated it looks like we have unanimous Council support to get this on the next round of DEM grant proposals. 

3.      John J. Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding continuing violations of the CBA between IBPO Local 569 in regards to the filing of the Chief vacancy.  Also disparaging remarks made by City officials about IBPO Local 569 and the East Providence Police Department. 

John Rossi came to the podium and addressed the concerns stating that the best way to address the Council is by meeting them head on, on all issues.  Mr. Monteiro from the NAACP addressed his concerns in wanting to engage in the recruiting efforts and was upset he did not receive notice.  The IBPO has been a leader in affirmative action recruitment.  Mayor Larisa indicated in the paper EP history the department has always had white males in the position of chief it isn’t any wonder why the NAACP would be in favor of going outside the police department to hire. Hiring from inside the Police Department is best because they know the Department and the City.  Major DuBois did not have an attorney paid for by the union.  The City Manager was passing over the Major and bringing in an outside person to run the department if you try to take legal action and then you’re supposed to tell the person who is doing this to you that you are suing them? Someone who served 30 years on the police department is being told by someone who doesn’t carry a badge that they are not qualified to run the department. Councilman Cusack and I have very different opinions on investigations taking place in the police department.  I would like to assure everyone that there is nothing sinister, I am the officer’s union representative and they are informed of anything being charged against them if they make me privy to this information that is their choice.  The union supplies them their legal representation. 

Who sent the Lt in question to the State Police, former Chief Paquette and I was astonished as were other union members.  Also in the paper Councilman Cusack stated in recent history there has been a sharp divide in rank including acts of retribution.  This is not true.  If calls to him are anonymous then how does Councilman Cusack know if they are even officers?  We are not divided.  There are two other departments holding no confidence votes in their Chiefs right now this is not uncommon.  I knew that Paquette had issues with leadership and had issues with sticking up for his officers and taking blame when he was at fault, I knew him for all the years we were in the department.  But the powers that be named him chief and we tried to work with him.  The department moral was brought to an all time low with the chief gone so are these problems.  Councilman Cusack, Mayor Larisa and Councilwoman Perry said they can’t get involved in personnel matters and it’s a misdemeanor, if this is correct why did the City Manager state he would be fired if he selected a chief from within the department?  Is Councilman Coogan lying when he says Mayor Larisa said he would resign if an inside chief was selected? 

Mayor Larisa interjected that as stated in the past this was wrong. 

The reason we have the message to keep politics out of the police department is to have the Council honor our contract.  The majority of this Council is looking for an outside chief to be a malleable puppet.

Mayor Larisa stated the City Manager would not sit in silence any longer. 

The City Manager stated I don’t remember what I said it’s easy to slant a conversation your own way.  There is no disputing the fact that I do work for Council. 

Mayor Larisa said is it possible you told Officer Rossi that you would be fired by the Council if you did not pick an outside candidate and the City Manager replied no. 

There was some decision where the City Manager was not allowed to make because he never carried a badge and it is clearly in my job description that I do.  Elmer DePina did state we had an appropriate outreach to the minority community.  There was no discussion regarding incompetence in the Deputy, I stated I did have confidence in his ability but there was a process that had to take place. The acting chief is able to attend meetings on his own just like every other department head. 

Mayor Larisa stated everything that has ever happened in the police department is former Chief Paquette.  This isn’t about inside or outside but about a particular inside candidate.  The notion of racism was not said by me, the picking from within has resulted in all white males, the contract ensures this as an effect by its interpretation, I am not saying that is what was meant to happen.  There is a difference.  We disagree with the union interpretation who we believe cannot dictate who management can pick for a management position.  I said the captains could charge not would charge for overtime.  The union has filed a grievance that the City Manager sign an agreement that as long as it’s one hour from their home including Red Sox games they can use their City vehicles. 

Councilman Cusack stated that basically that speech started with intellectual dishonestly and went downhill from there.  Racism. We spin things?  I think we just got a lesson in being a spin master.  This was scurrilous lies. Falsehoods and bologna.  What is disingenuous is that there is a difference in the testimony that the Assistant Solicitor gave and what was transcribed by Officer Rossi. The twisting of words is just amazing to me.  We have kept all the emails, I do know some of the identities of junior officers, you are not all united, you are united on inside chief outside chief generally but that is all.  Making comments like the Council wants to choose their own “malleable puppet”…to do that is just the height of irresponsibility.  To represent your members is one thing but this but is to cast disparaging remarks.  I understand it wasn’t the chief who sent that Lt to the State Police but I’ll wait until the investigation is complete and we’ll see.  Its one thing to make all this personal, I don’t think the union president is an effective leader and all he does is ruin his own credibility, after today I wouldn’t believe anything he says. 

Councilwoman Perry stated it keeps being mentioned that I don’t want to get involved in personnel matters, well I received a support for a candidate from team A and one from team B while I know who I think would be the best candidate, I am not going to make that call it is not my responsibility, the City Manager is the person who hires and I haven’t told him anything about who I believe to be the best chief, I would be making someone unhappy either way.  This is not a strong Council form of Government it is a strong Manager form of Government and I am not going to make the decision on who will be the next chief. 

F.         ADJOURNMENT

A motion to adjourn is made at 11:24pm by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.

Attest:                                                                                                  Approved:  July 21, 2009

____________

Kim A. Casci

City Clerk