I.          CONSENT CALENDAR

A.    Approval of Council Journal

1.      Legislative Breakfast January 23, 2009

B.     Alcoholic Beverage License - Class F – March 14, 2009

Irish/Italian Night - St. Martha’s Church  -  2595 Pawtucket Avenue (02914)

C.     Alcoholic Beverage License – Class F – March 14, 2009

Portuguese Dinner – Sacred Heart Church – 118 Taunton Avenue (02914)

D.    Alcoholic Beverage License – Class F-1 – April 24, 25, 2009

Manhattan At The Bay – St. Mary Academy-Bay View – 3070 Pawucket Avenue (02915)

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

II.        LICENSES REQUIRING PUBLIC HEARING

A.    Alcoholic Beverage - B – Full Privilege Victualer

Ichigo Ichi, LLC D.B.A. Ichigo Ichie – 5 Catamore Boulevard (02914)

Brian Cheng was sworn in and is the owner of Ichigo Ichi Japanese Steak House which he says should be open in early May.  He and his relative own a restaurant like this in Connecticut and Massachusetts. 

Councilman Coogan asked if in the other restaurants were there any issues, liquor related and Mr. Cheng stated no. 

Motion to approve by Councilman DiTraglia, seconded by Councilwoman Perry and on a roll call vote it is unanimous. 

III.       LICENSES NOT REQUIRING PUBLIC HEARING

A.    Vict/over 50

Ichigo Ichi, LLC D.B.A. Ichigo Ichie – 5 Catamore Boulevard (02914)

Mayor Larisa noted this is the same applicant and asked if there were any questions from the Council there were none. 

Motion for approval by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous. 

IV.       PUBLIC HEARINGS

A.    Ordinances Final Passage

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:

            (b)  It shall be unlawful for the operator of any vehicle to stand or park a vehicle, whether occupied or not, in all other areas in the city whether on public or private property when the parking space is within the purview of the state building code and is designated as a "disability parking space."

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

            Disability parking space shall be designated and identified by the posting of signs above ground level incorporating the international symbol of access of white and blue, and the words "Handicapped Parking," "Disability Parking," "Disabled Parking" or "Reserved Parking."

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Motion Councilwoman Perry to dispense with the reading of the ordinance, seconded by Councilman Cusack and it is unanimous. 

Motion for final passage by Councilwoman Perry, seconded by Councilman DiTraglia and on a roll call vote it is unanimous. 

V.        NEW BUSINESS

A.    City Managers Report (by Richard Brown)

1.      Marathon Road Race Course

Last year for the first time the City Council approved the use of East Providence streets by Cox Communications for their Providence Marathon which travels through the streets of East Providence.  They have asked to do this again this year, on May 3^rd, beginning at 8:00 a.m. Council members have been given a map as well as the timing along the routes.  The Deputy Chief is present at the Council meeting and he helped supervise last year.  They are asking for 17 officers to be hired on overtime and will be using 11 vehicles.  One of the concerns from last year’s event was the traffic at some of the intersections which was held up a little too long around the St Mary’s Bay View area.  These areas have been eliminated from the race and they are working around it.  In addition, the race organizers will be dropping off information in the neighborhoods before the race letting them know about it and about the timing.  The event will be much smoother than last year.  I am asking the City Council for approval for East Providence roads to be used for the May 3^rd race. 

Councilman Coogan asked who is paying the police overtime and cars? 

The City Manager replied Cox Communications and they will also be picking up debris along the route. 

Councilman Coogan stated last year he watched the race and there were a lot of volunteers and community policing that did a great job.

Major Dubois was called up and explained the route this year will avoid those intersections and instead will take the Henderson Bridge and come up Veterans Memorial Parkway avoiding the intersections of Pawucket Avenue. Also instead of going through Pawtucket they will be traveling into Barrington and around the golf courses there.  This year on the return trip they will use the Bike Path.

Councilman Coogan stated last year it was pouring rain and Fred Brown and others from Citizens Police volunteered and they should be commended for the great job they did.

The Major replied yes and stated some of the volunteers were from the Citizens Police Academy. The Major said Charles Brady is the race organizer and he also handles the Downtown 5 K and he is great at managing these.  There will be fewer delays and more information given out so people can be aware of alternate routes.

Motion to approve made by Councilman DiTraglia, seconded by Councilman Coogan and it is unanimous. 

B.     Claims Committee Report – by Solicitor James Briden

BRIAN MONTEIRO VS. CITY OF EAST PROVIDENCE, ET AL

C.A. NO. 09-066S

Oral Status Report

Motion by:  Councilwoman Perry                   Seconded by:  Councilman Coogan

Motion:  Refer the matter to the Law Department.  Vote:  Unanimous

Motion to accept the Claims Committee Report by Councilman DiTraglia, seconded by Councilman Coogan and it is unanimous.

C.    Council Members

1.        Update on School Budget Crisis (by Mayor Larisa)

There is still the question on whether or not the City’s $2.2 million in general revenue sharing is going to be eliminated or restored because of the federal stimulus package.  Also there is the question of whether $1-$3 million will be directed toward infrastructure at the schools. The roll back of the teacher salaries and co -pays will save $3 million and that will go a long way toward solving this year’s deficit. The School Department cutbacks will help with the additional $1 million.  The teacher’s union leadership has started a battle to take away from the issues and start attacking people.  First directed at Tony Carcieri and then myself.  The ad in the Providence Journal is an attack on people not on issues, the calls the Council is receiving are 9-1 against the teacher’s union position.  It’s a troubling turn when you start attacking people.  This ad leaves out a lot of facts.  The ad asks, “Can you trust Larisa to solve East Providence school issues?”  Frankly, all I am trying to do is protect the taxpayers of the City because we don’t have any more money.  The arbitrator’s decision will cost over $1.5 million over 3 years causing a huge tax increase.  In North Providence they are increasing taxes by 9%. East Providence taxpayers can’t take that hit.  They just can’t afford it.  The Arbitrator can’t consider the taxpayers ability to pay, he can’t consider the state and city property tax cap laws and this is why he came out with the decision he did.  Anyone interested can go to the City’s website for the spread sheet regarding this decision.  The Ad further talks about an ethics fine against me. By the way, this is the lowest fine in the history of the Ethics Commission.  It was due to pro bono/free legal work I did in June to protect voter rights, instead of January, and I was told I represented them too early.  The decision is on appeal to the courts which this ad doesn’t say either.  As a last item, the photo used is an AP photo and a copyright violation exists if this is used without paying a fee.  But the major issue is they misquoted me.  The ad states my quote as being, “Mark my words, the School Committee will lose before the State Labor Relations Board, does it matter, not a hoot.” Then the ad goes on to say I flout authority.  They left off the end of my quote, let me read it from the Providence Journal, “does it matter not a hoot,” then there is a comma then the quote states, “because we will appeal to Superior Court and then the State Supreme Court if we have to.”  This is the City Council and School Committee exercising their constitutional right to take the argument to bodies that actually apply the law.  The teacher’s union strategy is to get the City Council and School Committee to cave in.  When the State Labor Relations Board rules the teacher’s union will say you lost so you have to pay.  But now that the truth is out and a loss will be appealed to Supreme Court we get attack ads on Carcieri and Larisa.  The teacher’s union refuses to negotiate for the $3 million in savings and I can’t say it any clearer than that. 

Councilman Cusack was recognized and stated that he found it disappointing that the PR strategy has taken this particular turn.  One of the teacher’s union’s major tenants is that reasonable people can disagree but that we should be respectful of one side to the other.   I wrote a piece about this in this month’s East Providence Reporter.  We are elected officials and we are supposed to set a good example.  But teachers are also respected professionals and they have a duty to set a good example.  They asked for us to accord them respect by negotiating and not using incendiary language on radio talk shows.  I have tried to afford them this but first we had the atrocious behavior at the School Committee meeting at the high school auditorium and now we have these personal attacks. The behavior at that School Committee meeting backfired strategically and tactically, those activities and actions had recently been dropped for a more civil demeanor.  Now the leadership is taking out these personal attack ads and I think that is the wrong direction.  We need to keep the argument based on facts.  This undercuts their whole argument of civility and respect.  One thing I will hold the teachers individually accountable for is they have a position of respect in the community they also are responsible for those who they choose to lead them. When those whom they choose to lead them take tactics of screaming at public officials two inches from their face and when their leadership uses obscene gestures sitting a few feet in front of the dais during a meeting, this is certainly not anything that any adult should do as proper behavior in front of little kids.  It’s absolutely reprehensible, in the area of public opinion, the teacher’s union is behind 9-1in this area. All the calls we are receiving are all unique but the great majority are scared that in reaction to these flyers and ads the School Committee and City Council might stop what we are doing.  They are asking us not to give in.  It has prompted a reaction but the exact opposite reaction the union had designed it for.  This economy is in a free fall. There is great uncertainly and fear in the Country, job security, decreased equity in homes, people fear for the future and they have little and dwindling sympathy for the cause of the union.  I have sympathy for it but we can’t afford what they are asking.  Not that I don’t think people deserve things but like other communities we have an ability to pay problem.

Councilwoman Perry stated that she is usually quiet as many know she has a son and daughter-in-law who are teachers in the system and doesn’t want the appearance of a conflict.  She stated she feels very badly the situation with the teachers has happened.  She can see both sides of the respect issue.  There have been comments from both sides.  She added though she was horrified by the performance of certain teachers at the School Committee meeting at the High School, using foul language and calling elected officials disgusting.  Both sides have to sit down and talk this out.  She stated she knows the teachers will work with the Council to make concessions but asked them to do it in a way to get both sides to work together.  Consolidation issues need to move from being discussed into action.  The School Committee and City Council are working together but we need to get the teachers on the same page now.

Councilman Coogan was recognized and stated he understands when you take away a piece of someone’s livelihood that they have set aside certain monies and then they have to scramble.  But he asked teachers to go back to their leadership and ask them to sincerely sit down with the School Committee.  He believes not all of the teachers feel the same way as the leadership.  He added, at the end of the day somebody’s going to lose. Neither side wants to be on the losing side.  Let’s sit down and work this out.  He asked teachers to go back and recommend to their leadership, to their union, to work something out. 

Councilman Coogan asked for Council consent to make a couple announcements.  He provided news that Tony Bravo from East Providence died of a massive heart attack and that calling hours were tomorrow from 5:00pm-8:00pm.  Also that MaryAnn Mathews Gobern’s father died he was a good man.  And that Sammy Abood had a massive stroke, Sammy is from Ceba’s Diner and is a good man and an asset to the community.  Lastly, Councilman Coogan announced that on Saturday March 21^st at 9:00am, with a rain date of Saturday 28^th at 9:00am, there we will be a community clean up day for the area around Jones Pond.  This is a great community event and anyone interested can contact Councilman Coogan at his home or they can call the City Clerk.  He added if the teachers want to come out we can work together on something and that would be great.

2.        Update on Legislative Breakfast Discussion (by Mayor Larisa)

The discussion went very well.  There were two pressing issues.  I will ask the City Clerk to get in touch with Senator DaPonte and Representative Dennigan regarding the special education cost issues. We learned our special education costs were less than $3 million 5 years ago and are now over $8 million today with East Providence being disproportionately affected.  With the stimulus monies coming in and much of that going to special education let’s see if the General Assembly needs a resolution or support from the City Council or School Committee to do what Representative Savage has been trying to do for several years now.  The City would need to reach a cap and then the remaining funds would come from a statewide fund so the City is not paying the whole freight.  Also, I would like Solicitor Briden to work with the City Clerk to get on for the next City Council meeting a resolution asking for General Assembly ratification for the charter amendment which requires City Council approval of any collective bargaining agreement much like Providence has now.  This Charter Amendment was voted on in the positive by over 70% of East Providence residents and the School Committee and City Council are both in favor. We are not sure why it was not ratified by the General Assembly in the last two years.

3.    MassMutual Program to enable Families to apply for Free Life Insurance (by Mayor Larisa)

The Mayor called up Edwin Alvarez and Scott Bedford who previously met with the Mayor and the City Manager to discuss MassMutual’s offer for low income families in East Providence to receive free life insurance.   If the parent passes away the amount would be $50,000 to be used for education and MassMutual has 20,000 of these policies available.  All the information will be at the City Clerk’s office.  Hopefully parents will never need to use this but it’s a good insurance policy towards their children’s education if the need does arise. 

Mr. Alvarez spoke and gave a brief description of the policy, there are no strings attached, a person has to qualify, be between the ages of 19-42, be a resident or a non-resident alien, be employed, have a combined household income totaling between $10,000-$40,000.  The policy would go to your dependent(s) for the purpose of education. 

Mayor Larisa asked if both parents apply separately and Mr. Alvarez responded yes but only one parent per household. There is a blood test and urine test required which both are paid for by MassMutual and it takes about 20 minutes to complete. 

Mayor Larisa stated they had looked into this and there are no strings attached.  It’s a good will gesture and its good PR for MassMutual.  The reason the City is able to promote this is because it’s totally free and anyone offering a free program can come here and offer it.  The forms are available in City Clerk’s office.  This will also be presented at the School Committee so more people can find out about it. 

Councilman Cusack asked if a resident were to buy this insurance what would be the cost?  Mr. Bedford stated that it would depend on the health of the person but added this amount is below our minimum coverage amount, we don’t usually offer it.  But to estimate the value, it would be couple of hundred dollars a year. 

Councilman Cusack added that most people don’t take the initiative and it’s important to note that a company like MassMutual doesn’t even offer this small size policy and he asked Mr. Bedford about MassMutual’s rating. 

Mr. Bedford replied they are a AAA rated company and although there have been downgrades in the industry, MassMutual is still AAA rated and added only two insurance companies did not take funds during the bailout and they were one.

Councilman Cusack added he is very glad they have offered this to East Providence.  Often in those earning years money is so tight and people don’t think to purchase the insurance and then if a need arises they lose the income of a parent when it is really needed. 

VI.       Resolutions

VII.     COMMUNICATIONS

1.      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. 

Caroline Sadono and Carmin Subatine were sworn in, the sponsors of this legislation is made up of many different groups Operation Clean Government, Common Cause and RI League of WomenVoters to name a few.  The legislation would provide for full public financing for General Elections in RI.  With the spike in campaign costs the average citizen has been forced out.  This is already used in Arizona, Maine and Connecticut.  For anyone who has an interest in getting elected, it essentially eliminates the barrier of money.  The candidate must first raise a certain number of $5.00 donations to prove they out talking to community members.  They can qualify for monies for the primary and then for the general election. The amount of money given is the average of the last couple election cycles.   This is a total voluntary system where a candidate can opt in or out.  There is a matching system where they match the amount based on how much the opponent, who has not decided to participate in the program, has raised.  In Maine, the highest participation ever was realized the year this was established, 86% of Maine legislators use the system, 82% of the population in Maine agrees with the system.  In Arizona, 10 of 11 statewide elected officials, including the Governor use it.  Women and minorities elected in Arizona have increased by nearly 250% in some districts, nearly half of the women in the state legislature said they would not have run for office if this system were not available.  When Governor Napolitano passed a new sweeping prescription drug plan, at the time she signed the bill in to law, she stated she would never have been able to pass this legislation before the system was implemented.   The speakers indicated they were here to ask the Council to pass a resolution in support of the legislation they are working on.  There have been 7 other City Council’s in RI that have passed resolutions in support of  the legislation they are; Barrington, Charlestown, Newport, Portsmouth, Providence, South Kingstown and Westerly.  They would like East Providence to be 8^th City Council. 

Mayor Larisa asked if there was a fiscal impact statement for Rhode Island.  The reply was the cost is somewhere around $7 million utilizing unclaimed properties and tickets. 

Mayor Larisa asked them to send to the City Clerk a link to the bill and the fiscal impact statement. He further asked if a person is running for, as an example, State Senate, they would need only $200 in $5 contributions and they would get $16,000 for the Primary and $20,000 for the general election?  The response was yes.

The Mayor clarified currently, if a person wants to run for general office, in order to receive a million dollars in matching funds, they have to raise $800,000 and a lot of small donations to match. The Mayor asked if this would replace that current system.The response was yes.

The Mayor indicated that the process for approval by a resolution would be for the Council to look at bill itself and get the fiscal impact statement. 

Councilman Coogan asked how many town councils they have been in front of so far. 

The answer was they believed 10 in RI, some of which need more time to think about it.  They were all ideologically in favor but were concerned about the funding issue especially with regards to the current deficit issues.  However, they added Maine, Arizona and especially Connecticut all passed this law when their states were having a deficit issue and this can actually be very effective.

2.      Antonio J. Silva, 40 Richfield Avenue (02914) requesting to address the Council concerning property tax expenses, recent City calendar/annual report mailer and teacher contract. 

Mr. Silva explained that he lost two jobs in a 4 month period.  Each job he was with for over 20 years of service.  He is against raising taxes.  He stated he has nothing left to pay with and he doesn’t even want to pay the 3.5%.  The appraisal on his house is way off costing more in taxes.  When he fixes up his property his taxes are raised, if he lets the property go the City tells him he has to fix it.  How did the Council end up with this large deficit? Every time the unions come to ask for a new contract the City gives them the keys.  How much did it cost to have the calendars printed and sent to each person in the city? 

Mayor Larisa stated that this is required by the City Charter.  The annual report is required, this year they turned it into a calendar so people wouldn’t just throw it in the garbage. 

The City Manager replied it is required by the City Charter that we produce an annual report every year and provide it to the public.  Previously the annual report was passed out to the public at public places.  He stated he created a product within the same budget that actually had some utility.  The total expense for the project was $13,605, the funds to pay for that were a grant from the Resource Recovery Agency the calendar has a section with a heavy emphasis on recycling.  That grant which could only be used for that calendar was $10, 937.  In addition, the City used funds that were accrued within the recycling program about $2,000 toward the balance with the total general fund dollars in that calendar project totaling $435.  This compares to $9,000-$10,000 in past years from the general fund. 

Mr. Silva stated the recycling money is supposed to be used for relief for the tax payers. 

Mayor Larisa stated he does not believe that item was used for property tax reduction. 

Mr. Silva stated the School Committee Chair Tony Carcieri is spending almost $347,000 in attorney’s fees.

Mayor Larisa said the attorney is saving $3 million in taxpayer funds.  That would mean an 18%-20% property tax increase.  Mayor Larisa asked Mr. Silva if he received free healthcare.

Mr. Silva stated no that he has no healthcare and no raises because he lost his jobs. 

The Council thanked Mr. Silva for coming to speak.

3.      Anthony Shepard, 40 Rosemere Drive (02914) requesting to address the Council concerning Police vehicles, anonymous letters and cost cutting measures.

Mr. Shepard congratulated Mr. Silva and stated he is absolutely right.  Tonight he brought a thermometer with him, the temperature in the Council Chamber is 76 degrees, he doesn’t know what the City is paying for fuel but they are wasting a lot of it.  He is a bit surprised that the police vehicles didn’t come up tonight because at the last meeting the Council said they would have some answers this week.  Mr. Shepard went through the various steps the police vehicle discussion has been through.  He made up a form for the Council that lists the vin number, color, model, mileage, driver etc…and he would think the police department would have a similar list and that Councilman Coogan should have had these answers within a day from the Police Department, and instead it’s taken hours and hours of the Council time with no answer yet.  At the last Council meeting there was report on city vehicles at the next meeting which is today a report was going to be completed regarding the gas mileage etc… and this was not done.  Mr. Shepard stated he does not agree with anonymous letters and they shouldn’t be recognized .  Mr. Shepard discussed several cost cutting items such as the heat in the room, elimination of the police vehicles at construction sites like he notices in Providence, where there is no car just an officer.  Cars cost money and the City is just running the cars down. 

Mayor Larisa said he believes the detail cars make money, this is put into a detail account, the construction companies pay for the police hours. 

Mr. Shepard stated the City Council should negotiate into the school contract collectively our schools are near the bottom of the barrel for grades but high for wages.  Wages should be tied to performance not automatic step increases. He also believes in reducing the hours or days that some public places are open.  Mr. Shepard added that as he mentioned before, converting vehicles to natural gas is a cost savings and he has spoken to several mechanics who agreed that the engines last longer, they are more economical and Mr. Shepard added, they reduce your carbon footprint tremendously.  If the City has a natural gas filling station the vehicles can’t leave town because they have no other place to fill up.  In this manner the City can track their vehicles and eliminate that problem.  He added he would like to see the City Council provide at the next meeting what the other city departments planned for cost savings.  Where have there been reductions besides the school and the other departments that have voluntarily taken a hit?  In closing, Mr. Shepard stated, the City should also be doing a better job of plowing if they want to present the city well.  There is ice in front of the City Hall and someone could fall.  The ceiling tiles in this room have been this way for over a year with no repair, it’s not good housekeeping.  

VIII.    ADJOURNMENT

A motion to adjourn by Councilwoman Perry,  seconded by Councilman DiTraglia and it is unanimous.  Council adjourns at 9:04pm.

Attest:

___________                                                        Approved:  March 17, 2009

Kim A. Casci

City Clerk