I.          THE CONSENT CALENDAR

A.    Approval of Council Journals

1.      Regular Council Meeting April 21, 2009

2.      Executive Session April 21, 2009

3.      Regular Council Meeting May 5, 2009

4.      Executive Session May 5, 2009

B.     Letters

1. Notice of Proposed Rule Making and Public Workshop DEM, rules and regulations governing administration and enforcement of the fresh water wetlands act, public workshop scheduled May 21, 2009 4:00pm Room 300 DEM.

2. Town of Charlestown notification of resolution passed in support of US Supreme Court Opinion in Carcieri vs. Salazar and urging opposition to any and all efforts of the US Congress to undo the decision.

3. Rhode Island Ethics Commission request for comment inviting people to provide written information and comments concerning possible changes to the Code of Ethics.

C.    Peddler-Ice Cream

1.Bardhok Gjoni, D.B.A. Valbona’s Frozen Lemonade Ice Cream, 87 Parsanage Way, Attleboro, MA 02703.

D.    Carnival

                                 1.The Gordon School, 45 Maxfield Avenue, 02914, May 16, 2009.

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

II.        APPOINTMENTS

            A.Historic District Commission (by Councilman Cusack)

                1.Edna Aness, 403 Greenwood Avenue (02916)

A motion is made to accept the nomination by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

            B.Historic District Commission (by Councilman Cusack)

                1.Nancy Moore, 14 Josephine Avenue (02916)

A motion is made to accept the nomination by Councilman Cusack, seconded by Councilwoman Perry and it is unanimous.

            C.Economic Development Commission (by Mayor Larisa)

          1.Frederick S. Radway, 225 Pleasant Street (02916)

A motion is made to accept the nomination by Councilman DiTraglia, seconded by Councilman Coogan and it is unanimous.

III.       LICENSES NOT REQUIRING A PUBLIC HEARING

A.St. Martha’s Church, Carnival, Rev. Douglas Spina, 2595 Pawtucket Avenue (02914), June 5, 6, 7.

Nelson Demaris came to speak on behalf of Father Spina indicating this year the carnival will be smaller and utilizing smaller rides, there will be food and lots for kids to do. Councilwoman Perry stated as a member of St. Martha’s Parish she understands this year the rides will be more kiddie rides than in the past. 

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

IV.       PUBLIC HEARINGS

A.ORDINANCES

A.An ordinance in amendment of Chapter 18 of the revised ordinances or the City of East providence, as amended, entitled “Vehicles and Traffic” regarding stop sign at Villa Street (Northbound Traffic) at Lincoln Avenue. 

            STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            CHAPTER

            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.  Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:

VILLA STREET (northbound traffic) at Lincoln Avenue

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

Requested by:  Director of Public Works

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

A motion to accept the ordinance is made by Councilman DiTraglia, seconded by Councilwoman Perry and on a roll call vote it is unanimous.

B. Zoning Map Amendment

Rezoning Request for 741 North Broadway (Devaney Real Estate, Inc.) 02914

Advertised Providence Journal – 4/29/09, 5/6/09, 5/13/09

Notices Sent by Certified Mail – 4/29/09

Rezoning – recommendation for requested zoning map amendment requested rezoning from Commercial C1 to Commercial C4

Petitioner: Devaney Real Estate, Inc, William C. Maaia, Esq.

Change to: District C1 to District C4

Lot: Map 205 Block 18 Parcel 22

Location: 741 North Broadway

            STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED

            ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND

            1998, AS AMENDED, ENTITLED “ZONING.”

            THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:

Parcel 22 on Assessors Map 205, Block 18 presently located in a Commercial 1 District is hereby changed to be included in a Commercial 4 District subject to the condition that no more than 14 vehicles are to be displayed on the property.

The Zoning Map of the City of East Providence shall be amended accordingly.

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

Requested by:  Planning Department

Attorney William Maia representing his client passed out a folder with background on the issue.  John Devaney owner of the property was sworn in also.  Attorney Maia explained this is the third generation of Devaneys running this business which was started 75 years ago.  Changing this zone is more appropriate and makes the change from what the neighborhood historically started as to what it is today.  The Planning Department provided Council with its report after reviewing the matter.  In the review it states no objection to the change with one condition of not expanding used car sales beyond 14 cars at a time. The client does not object.  Devaney Tire does repairs as well as sells used cars.  The approval is not adverse to the public interest, basically everything would stay the same just the status would be different, adding the car sales would add some diversity.  Small businesses like the Devaney’s have to compete with the larger chain stores. 

Councilman Cusack asked Attorney Maia what the applicant will be able to do that he can’t do now.  Attorney Maia stated really nothing, at one time it was a residential area and somewhere along the line the listing did not catch up with the changes in the neighborhood.  If Mr. Devaney ever wanted to change or sell the business which he has no intention of but one never knows with the uncertainty of the future this change is an added bonus. 

Councilman Cusack stated that with the care and diligence that the Planning Department went through and their feeling that it is consistent to the comprehensive plan he stated it was fine with him.

Councilwoman Perry asked if there are cars for sale on the property now and Planning recommends there be no more than 14 vehicles on the property will this be an issue?

Attorney Maia said yes that variance was acquired originally through the Zoning Board.  The Planning Board wants to keep that condition and the owner agreed.   

Councilman DiTraglia questioned Attorney Maia regarding the abutters list stating he only saw two signatures from that area. 

Attorney Maia stated because they do business from all over the City and they didn’t restrict where the signatures came from. 

Councilman DiTraglia stated usually you have to get the signatures from those around the property.  We don’t want cars parked on North Broadway, it makes it very congested. 

Councilman Coogan stated the problem in the area is there are a lot of absentee landlords and transient tenants so it is understandable that he had a problem getting some of those signatures. 

Attorney Maia stated that he felt because it was not a new business, a business that has been there for 75 years and everyone knows there is not a problem with the business.  There are no major changes in this zoning change. 

Mayor Larisa asked if he planned on selling anytime soon and the owner stated no.  Mayor Larisa asked if he planned on changing the business to any other business and the owner stated no.

The owner stated that he has been zoned wrong for a long time and if he ever wanted to sell it needs to be zoned properly not zoned residential.

Solicitor Briden stated that automotive repair is not a permitted use under C-1 it is under C-4 what they are doing now is conforming with the zone.   

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

V.        NEW BUSINESS

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, seconded by Councilman Cusack to convene in closed session for the purposes of discussing claims & litigation and the vote is unanimous. 

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

            NEW CLAIMS

AMICA MUTUAL INSURANCE COMPANY      $6584.95

(INSURED: PETER PAUL BOYD)

RM No. 09-003, Claim No. 09-025

Subrogation claim for property damage sustained to insured’s vehicle involved in an accident with a City vehicle.  Recommend referral to insurance carrier.

Motion by:  Councilman Cusack                    Seconded by:  Councilwoman Perry

Motion:  Refer the claim to the insurance carrier.

DORIS BOYLE         $Unspecified

RM No. 09-041, Claim No. 09-024

Claim for personal injuries sustained as a result of a slip and fall on the sidewalk located in front of 3645 Pawtucket Avenue.  Recommend referral to insurance carrier.

Motion by:  Councilman Cusack                    Seconded by:  Councilwoman Perry

Motion:  Refer the claim to the insurance carrier.

LIDUINO FARIA     $425.55

RM No. 09-038, Claim No. 09-030

Claim for property damage sustained to claimant’s parked vehicle which was struck by a police vehicle.

Motion by:  Councilwoman Perry                   Seconded by:  Councilman Cusack

Motion:  Approve the claim in the amount of $425.55.

Councilman Coogan arrives at the meeting.

CLAIMS FOR RECONSIDERATION

RICHARD NORIEGA          $59.97

RM No. 09-024, Claim No. 09-010

Claim for property damage to mailbox sustained during snow plowing operations.  The Claims Committee voted at its meeting held on April 7, 2009 to deny the claim.  Claimant is asking for reconsideration of the claim.  See letter from neighbor who witnessed the incident.

Motion by:  Councilwoman Perry                   Seconded by:  Councilman Cusack

Motion:  Approve partial payment of the claim in the amount of $40.00.

A motion to accept the Claims Committee Report is made by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

2.Donation of Fire Boats to Friends of Pomham Rocks Lighthouse

A bill of sale has been drawn up which includes a standard release and required proof of adequate insurance as a condition of this transfer. 

Mayor Larisa asked if we knew what the value was of the boats and Solicitor Briden stated he did not know.  Mayor Larisa indicated that he was contacted by someone who wanted to know why the City was donating them and not selling them so it would be good just to know the value of the boats that are being donated. It would be nice to hear from the Pomham Rocks people as to what their plans are for the boats.

Councilman Cusack stated that he is familiar with the Pomham Rocks Project and there has been an awful lot of money spent refurbishing that facility and there are education programs to bring kids out to see the lighthouse, I am not sure if that is what the plan is for the boats.  It is a great project and a good cause.  It would be nice to hear from them regarding what they are going to be using the boats for, it sounds like it would be a good idea instead of just selling them.

Mayor Larisa agreed that he too supported the donation but wanted hear from the Pomham Rocks people, it’s a treasure and the City and the Federal Government have provided funds for this restoration, it would be a small token and not put the City out of general fund money but rather make use of boats we can no longer use.  I would also like to hear an update on the lighthouse. 

A motion was made to defer for two weeks to hear from the Pomham Rocks people by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous. 

Mayor Larisa asked the City Clerk to alert them.

C.COUNCIL MEMBERS

1.Safe Summer Program by Mayor Larisa

Mayor Larisa reminded everyone about the program which began 8-10 years ago by Councilman Patrick Rogers. When the kids get out of school we try to keep them safe from speeders and the City Manager usually prepares some type of proposal to increase the patrolling of the streets and an increase in speeding tickets to be issued and signs to go up.  If there is no objection I am requesting the City Manager to let the Council know about this year’s plan and any cost increase if there is one.    The Council was unanimous in agreement.

2.Update on New Police Chief Search – ALL applicants welcome (some problems with “insider” candidates). by Mayor Larisa

Mayor Larisa stated this is a topic that has generated much interest and there is a large contingency tonight from the East Providence Police Department. I would like to congratulate the force for the way they are handling the situation, we know they are not in favor of the current policy to bring in an interim outside officer from the Rhode Island State Police to run the department and they are also against the City Manager interviewing both insiders and outsiders for the Chief’s position.  In East Providence we try to allow debate on topics and we agree to disagree and we can do so reasonably.  Judge Silverstein ruled that the City Manager has the authority to appoint an acting chief.  The men and women of the EP police force are abiding by the rule of law and tonight everyone was able to exercise their first amendment right to informational picket which was orderly, there wasn’t disruption then or at this Council meeting.  The Council encourages debate and the articulate spokesperson Union President Rossi is here tonight and after the Council speaks we will move him up on the docket so we can have this discussion all together and while we disagree, we disagree reasonably and I think that is a tribute to our City and its operation.  As you know the City Manager has sole authority to select a chief and he is exercising that authority whether he picks from inside or outside that is his right.  Granted we know that is not the Union’s position and the goal is to hire from within and there have been times when the Union tried to mandate that the chief come from within the department but instead, we have a provision where the goal is to hire from within but if that is not in the best interest of the City then the City Manager has the right to go outside.  All eleven members of the force have been alerted to submit their applications.  The City Manager and the committee which he shall select will begin interviews forthwith.  The issue I have is the chief is supposed to be the manager of the department, manage the union, he is supposed to report to the City Manager not the local brotherhood 569, he is to sit on the management side of the table, sometimes he has to discipline and sometimes the Union does not agree and can fight that discipline.  What has occurred is an issue of problems within the department as to a lack of functionality within the department that this Council has been contacted on time and again. The last two weeks might indicate a problem which we have to consider outside candidates and it stems from a lack of willingness to manage by some of those members who are eligible to apply. The City was confronted with a lawsuit claiming that the City Manager couldn’t appoint an interim chief from the outside.  Only it wasn’t the Union it was from management, the Deputy Chief suing the City of East Providence using the free union lawyer sitting with the union president in full uniform. It got so bad, that in chambers, Judge Silverstein in speaking to the union lawyer who was representing management without the knowledge of the City Manager and certainly against the wishes of management he said the union will be irreparably harmed and the Judge asked if the Deputy Chief was part of the union, and since the answer was no, the Judge asked if they wanted to amend their complaint to include someone who was in the union. Mayor Larisa went on to state that the union should not be representing management in a matter, management reports to the City Manager not to the local 569 union. If you have someone ingrained in the union aspect can create a problem and asks the question do we have someone who will represent the City. Then there is a webpage set up, this is the right of the union to set up a webpage if they desire but the webpage preserve EPPD.com purports to represent not the union but the City and the Department.  The head of the City was not aware of this webpage, it should have been paid for by the local 569 union, it goes on to talk about how the department was betrayed, anti-management webpage unauthorized by the City, the department is not the union.  Then we get to the Captains, we were told several months ago by the City Manager and Councilman Coogan brought up at Council meetings the take home cars used by the three Captains and Council was told there was no personal use on these cars and then it was discussed whether or not they could stop on their way home to run a local errand, or to use them at lunch etc…this was labeled commuting use and I was in favor of this in lieu of the fact that they are also not entitled to overtime relative to their position as a Captain.  In the last 3 weeks we learned when the City Manager went to confirm there was no personal use on the cars we find out that in fact there is personal use. They were requesting the right to use these cars for this purpose within one hour of their homes. I am bringing this up because of the threat that if we do take away the cars the Captains will go after the taxpayers of the City for overtime.  These are the top four people from the inside who you would think would want to be Chief. Some of us are asking shouldn’t we at least look at someone who might be on the side of management and the City? Contrary to popular belief the Council does not vote to tell the City Manager whether or not to pick someone on the inside or the outside.  If he chooses to pick either the decision is his alone.  The point of this is to let everyone know it is not all perfect in the department and many officers know this.  The City Manager will look at all candidates, not what is in best interest of the union or the Council but the best candidate for the City. 

3.Wrongful Superior Court Complaint by “Management/Union” to stop City Manager choice of State Police officer as Interim Chief.  by Mayor Larisa

Mayor Larisa stated that he addressed this issue via the comments he has already made.

4.Court ruling rejecting “Union” position that CBA, ordinance or Charter violated.  by Mayor Larisa

Mayor Larisa stated this item was also covered and he would just like to respond to misinformation that he feels is being circulated, the cost of Chief Studley is $4,300 bi-weekly, had Chief Paquette stayed and went two more years the cost of his salary would be $4,960 bi-weekly.  There are two officers there, the Colonel of the State Police has given Chief Studley the ability to take someone with him at no cost to the City the State Police are paying his salary. Regarding the notion that we could have let the acting Chief stay there without appointing an interim, the union’s position is that you only get 30 days to do that anyway and you have to promote from within so there really wouldn’t be any savings there. There is no giant huge tax-payer cost issue.  The second issue has to do with the fact that we get beaten up for assisting Chief Paquette in leaving the office when we had two no confidence votes and call after call and email after email telling us the Chief must go. Now he is gone and it’s being circulated that it’s a  big problem because we paid for it but the truth is $45,000 did go into the pension fund, it doesn’t go to the Chief, it covers pensions for all of you and everyone that is retired.  All the Chief gets is about $4,100 more a year, $71,000 or so a year vs. $67,000 or so a year that he would be entitled to if he just retired without the City doing anything, and he gets this two years early. That is the total cost of doing what the overwhelming majority of the union members in the police department wanted us to do.  Had we known at the time that getting the Chief to retire would result in a problem about as equal as the one when the Chief was there I am not sure we would have even entered into this arrangement. 

Councilman Cusack spoke and addressed the issue, I listened very carefully at the last Council meeting when Union President John Rossi came up and addressed the Council.  I put my thoughts in a press release and sent them out and the East Providence Post reported my comments very accurately.  I have never been someone that was very familiar with the police department in East Providence.  However, I knew that they were doing a good job and saw no real problems so I do not seek to try to get involved in the police department to cultivate enemies or friends however the reason I was brought into it is because I received phone calls, emails, letters and so now we have an oversight responsibility and I take all that seriously.  Last meeting Union President Rossi spoke to us and he was absolutely adamant that the City Manager had no right to appoint an outsider as interim chief and that anyone other than Major Debois was illegal.  The union took its case to Superior Court and Justice Silverstein disagreed with that.  He stated not only is the Chief other than the Major ok but that the City Manager is the one who appoints the Chief.  Mr. Rossi by his quotes and appearance on the website and his points to cover addressing the Council tonight, he is sure that no applicant from the outside can be considered because the contract says so, unless there are unusual circumstances.  Everything is fine we heard him say.  Everything is not fine with the East Providence Police Department the allegations by phone calls, letters and emails and those just coming up to us on the street would tell us that.  Councilman Cusack went on to list a few of them, such as photos of the captains cars being used for personal use that were then distributed to Council, we don’t ask for this we don’t solicit it, it comes to us.  Accusations by an officer of officially sanctioned intimidation tactics by a supervisor against the author of an anonymous letter sent to Council.  Anonymity can be a cheap shot but when you are in a paramilitary organization and you have a chain of command and you are subject to the orders of others it’s not so easy to put your name on things and I understand that too and that mitigates it to a degree and so we have to look at both sides.  A Lt is sent to the State Police headquarters to help with an investigation only to find he is the target of an investigation with no warning.  In the same case, a junior officer yells profanities outside a courtroom when it looked like a defendant was not going to get jail time when the prosecutor felt jail time was not warranted but because the defendant was a friend of a Councilman some department senior officials wanted him in jail.  Are these unusual circumstances, I think they are.  I hope they are not usual circumstances in police departments across the state of Rhode Island.  The unprofessional conduct by that certain individual are corroborated by one of our Assistant City Solicitors, he was there and had the profanities yelled at him.  We want to find the best candidate for the job the department has been riven with strife and acrimony for at least several years. There is an us and them, an A team and a B team.  To increase the chance that the chief knowing these problems has the stature, willingness and ability to bring change to the department we support the search being both inside and outside.    Why not just appoint the Deputy Chief and be done with it because he is currently under investigation in connection with a prosecution which departed from standard procedures and because in bringing an action against the City using the union even though he is management brings into question if he is part of the union or part of management.  The two teams, even though they are wearing the same shirts right now still exist, they both hope that one of their team gets picked and when one is the losing team they will start the complaining again.  With an inside pick there are promotions regardless of which team gets the job, things shift around and that is understandable, moving up is important but it’s not as important at getting the right person for the job now.  That person may be one of the 11 in the department and I hope it is.

There is a gulf between me and you guys right now and I didn’t know how big until just this moment because you think that I want an outsider and that is what I am committed to.  I am not, I am committed to the best fit person at this department at this time.  I am not the guy who picks.  Can we as Council members make our voice be heard, yes we can, but we can’t order the City Manager to hire someone, we can’t pressure him to do it, if we do we are in violation, we lose our seat, it’s a felony.  I’ve been a member of this Council for about 2 ½ years I don’t know how it was done in the past and if you are cenacle about how it gets done maybe you have a reason to be but that is not how I believe it should be done.  I don’t believe I pressure the City Manager and make him do something, I can pressure him on many things but on this issue it’s a charter violation and it’s a very serious matter. I will hold my comments there.

Councilwoman Perry stated she was taken aback by one thing tonight and that was the sign on the picket line that read “Keep Politics Out of the Police Department”.   I have been approached over the years from various police officers who wanted to meet me for coffee to discuss problems in the police department.  It was always my contention and I told everyone it’s not my job as a councilperson to get involved and I would be in violation of the city charter to get involved and this is between you and the Chief and the City Manager, go to them and talk to them. The Council should not be involved. But what happened, some of you hitched your wagon to politicians and now we start hearing about what is going on in the police department, things are being brought out in the public and we start getting phone calls and emails and no confidence votes in the chief. The Chief is gone and you say the problem is gone but what about all of these allegations about each other, those are probably still there, we don’t know, how are we supposed to know who to trust and who to believe.  I have known a lot of you for a long time, now when I talk to someone the next day people are calling me saying you talked to so and so and I don’t know who to trust anymore, I don’t know who to believe anymore.  How are we going to find out what is going on unless we bring somebody in from the outside and I am not saying a permanent chief  because I certainly would believe that if we have an inside person and an outside person equally qualified I naturally would want to get someone from inside the department.  For right now we need to find out who is telling the truth and what is going on and I don’t know how we are going to do that if we keep listening to both sides. 

Councilman Coogan directed everyone to a young man standing in the back of the room, his name is Jarad Cole and Councilman Coogan stated he has two passions, politics and law enforcement, he came in late last night from the Navy he left for 8 months and he’s back just for 15 days, he is a graduate of East Providence High School and I would just like to thank Jarad for going to serve our Country.  Jarad Cole’s grandmother was on the School Committee for 20 years she is very ill right now in a nursing home.  Jarad wants to come out of the Navy and become an East Providence Police Officer and Mr. Mayor I ask you why if there are 11 men eligible for the position of Chief and if we cannot get one of those 11 men then go outside at that point.  We went outside for a City Manager and I am not happy about him.

Mayor Larisa stated we went inside for a chief and they weren’t happy about him.

Councilman Coogan continued that before he was elected a vote of no confidence was taken and the Council never took action then.  I have always felt if there is a problem hit it head on this City Manager didn’t deal with the problem when they voted no confidence the last time.  There are some familiar faces out there that have helped me in my campaign as well as yours Mr. Mayor and politics will always be in a police department, a chief is a political appointment whether you use the City Manager as a front guy or not it’s always going to be a political appointment and there will always be politics in the police department whether you like it or not.  There are 11 men in this department qualified for the job and I strongly suggest who I would like to see as chief and I can suggest it, I am not telling the City Manager who to pick as chief but I feel as though there is someone qualified in those 11 people. Being born and raised in this City I have been towing for the City for some time and I know a lot of these men and women and there are many good ones. I was the one fighting for the frontline police vehicles.  I was also fighting to take some captains cars away, that is right but you’re the one who told me the police department does not interest you, I am the one who brought this to light, I am not afraid to say it.  But the problem is gone, how many officers have a problem now and how many are working together and the police officers assembled agreed the problem was gone and are working together.  Many hands were raised indicating how many officers lived in or came from East Providence. 

Councilman Coogan continued stating he feels and he knows Councilman DiTraglia feels the same way that the City should start with the 11 and if no one is qualified then move on.  The morale is down. What is going to happen if we do pick an outsider? These people are not getting rich going to work every day, it’s a tough job so when a promotion comes up and they study to take the test to better themselves and their families to move up, we are blocking them.  We signed a contract, the City Manager signed a contract, we have great lawyers, we can probably find a loop hole and break their contract but the intent was to stay inside to let these men and women move up.  Most of us on the Council work for ourselves and we can do things to make extra money their kind of stuck and if you go outside the morale will be down, these people can’t move up and we’re holding them down if I worked for a corporation and you kept bringing in an outsider and I couldn’t move up I would be disgruntled. 

Councilman DiTraglia stated when this first started I thought there must be some problems in the police department, my home phone and cell phone started ringing, usually the City Council doesn’t get involved but this seemed like a big issue and I met with a dozen police officers to talk to them.  As a City Councilman I should know what the situation is, I represent the people of the City, it’s my right to care what is going on in the police department.  When they come to a city councilperson and they have a problem it’s up to us to address that problem.  Sometimes it’s hard to keep the problems within the department.  The voting shows that officers were not happy with the former chief.  When someone is not a leader, they can’t lead, and that is what the officers felt was happening.  I know how you feel because I work for the State and I have experienced the State going outside instead of promoting from within.  It’s only fair to stay inside and it’s a right as an American, as a police officer within the department for a hire to be made within the ranks.  When they hire from the outside the morale goes downhill and it reflects on everyone, a negative attitude that reflects on all those around you at work and at home and everywhere.  You will never get 100% who are in favor but you can get 90%.  Staying within the department gives everyone a chance to better themselves, to get a better retirement.  Out of 11 officers there should be one who is qualified.  I don’t think it’s right to hire a City Manager from the outside I think we have enough good people in the City of East Providence.  We have the same situation in the Fire Department we had two men who finished the exam number one and they still went on the outside to hire someone.  In essence then what you are saying is that our own people aren’t qualified for the job, that is absolutely wrong, that is why you take a test to show you are capable of doing the job.  It’s not right and it’s not fair to the ranks in the police department to go on the outside you have enough people qualified on the inside to hire a chief.

Councilwoman Perry stated so much for the signs stating, keep politics out of the police department, what is this?

Mayor Larisa stated  this is what is considered politics that some of us want to the City Manager to continue along a process that will have the City Manager find a chief that will manage the department and  report to the City Manager, to management and to the people of East Providence and not the local union. Some of us don’t want to limit this to people who are already in the union or to people who are reporting to the union and using free union lawyers to back the union’s position. That’s politics.  Some of us want to give all 11 the chance and anyone else the chance to apply so the City Manager can interview them. To me politics is limiting the field, keeping people out and saying only a union member and someone who reports to the union can manage the department, to negotiate with the union on the other side of the table to discipline members when they need discipline. Two council members here have spoken and have never said the word management. The city is near insolvent we need big co-pays, maybe pay cuts and furlough days, are we going to have the union members agree to that with the union members leading and managing the department accusing those of us who want the best and the brightest of playing politics?  If so then you need to look closely as what you are asking.

Councilman Coogan asked if the Mayor stated that if they pick from within the department he will resign.  Mayor Larisa stated absolutely never at anytime. That has never been said to anyone at anytime.  The City Manager is making the choice under the charter. 

Mayor Larisa asked for unanimous consent to change the order of the docket to have Union President John Rossi come up and address everyone.  The motion was made by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.

John J. Rossi, 29 Woodbine Street (02915) requesting to address the Council concerning violations of the terms and conditions of the Police Contract and requesting that the City to cease and desist from violating the terms and conditions of the CBA.

Mr. Rossi stated no matter what someone speaks about I speak for the union that is my duly elected office, my position is the union position.  Mr. Rossi read a letter addressed to Councilwoman Perry indicating a conversation they had regarding problems in the police department.  Since 1888 the Chief has always come from our ranks.  It is not only my belief but that of the entire police department the problems that existed emanated from outgoing Chief Paquette. To illustrate this I sent this letter from the entire police department and their signatures.  All officers signed except for Steve Hall who does not disagree with the letter but the process.  Steve Hall indicated that he felt that the only way to resolve the situation is to go outside and he has brought this to the attention of Councilman Cusack, I believe that is wrong as does the union.

Gary Gentile represented Donald Dubois, he is the IBPO attorney, he is also licensed to practice in this state and can represent whoever he wants. Major Dubois apparently cannot become the chief because he exercised his rights.  Judge Silverstein ruled nothing to do with collective bargaining that the City Manager can make the appointment of an interim chief.  The ruling is because of the word absence.  If you are absent you are not there.  Silverstein stated that if you are retired you are not absent anymore.  We had to go with what Silverstein said.  I was adamant that I believed what the law said.  The deputy chief position was created so that when the chief’s position was vacant the deputy chief could take over.  As far as the captain’s cars I believe the City Manager might lie to you, myself and Ralph Wazaski met with the City Manager, we told him that we would like to bargain because the captains have been taking cars home since 1956.  They are not subject to the provisions of the over time contract and in lieu of being on call 24/7 they are allowed to take a car.  They have always been allowed to use the car for personal use because of the fact that they are on call 24 hours a day.  We submitted the letter of understanding to the Manager.  Assistant Solicitor Matt Oliverio prepared the document regarding a one hour commute from the police station.  We were willing to sign that document. The only reason why we didn’t sign it was because of number 7 which indicated braking the policy and damage to the car and we just wanted that item clarified.  Before we hashed that policy out, Ralph asked the City Manager if things would remain status quo and the City Manager stated yes they could continue to use the cars the way they always did.  This is what occurred.  Photos were submitted with Captain Hogan’s car sent to Council and the East Providence Post of him with his son at his Little League game which was 5 minutes from his house.  He was operating under the status quo which the City Manager said was fine to do.  He got called back into work the next day because all the laptops crashed he was there for 5 hours repairing the situation as the records captain.  That would be $55 an hour under call back overtime and that is waved for the use of a car for the distance of an hour from the department.  When a captain gets called in he responds with the car, it’s not the best car or the top of the line car it’s not a clown car as Councilman Cusack has referred to in the past. 

Councilman Cusack spoke up and asked to clarify this item.  What I said was during a discussion it was brought to our attention that the captains may not be using the cars to respond to emergencies  and the car is only for commuting, if that were the case I stated, maybe they should use a smart car.   I don’t characterize captains on any police department in a bad way. 

Mr. Rossi moved on and discussed the anonymous letters and photos that are taken, asking that the Council produce the people who are sending these items. We believe the anonymous pictures may have been taken by a fired police officer.  An order has since come down where they can only take the cars back and forth to home and they are complying with it.  To say that the union drafted the agreement is wrong the City’s attorney did. 

Mayor Larisa stated Councilman Coogan brought up the issue of the captains cars many times at Council meetings.  Later the Council was informed that there was no personal use.  The only use allowed in January was commuting back and forth to work, to lunch and stops on their way home and this is what we were told.  We can’t live with them taking the car to Red Sox games. 

Mr. Rossi stated we could modify that.  The reason they have the cars is so that on their personal time they could respond in the car with the lights and sirens to emergency calls for service. 

Mayor Larisa stated he had no issue with that. 

Mr. Rossi continued that in cases of a hostage situation, one of the captains who has been a long term hostage negotiator has resigned.  Not because he has an axe to grind but because he is prohibited by the rules and regulations from using his own car to respond to any emergencies.  If he gets into an accident the City is not going to cover him.  He has responded in the past from his mother’s house in Blackstone Valley to a hostage situation.  He no longer can do that.

Mayor Larisa stated under the policy that we thought was in effect the Council was fine with take home cars, emergency use, back and forth to work and incidental use such as home depot and back and forth to lunch but not things like Red Sox games.  That shouldn’t have caused him to resign.

Mr. Rossi said but if he goes to see his Mom for example he cannot respond.  He is on call 24/7. 

Mayor Larisa asked why can’t he take his own car in and get reimbursed for mileage?

Mr. Rossi said because he can’t respond under the rules and regulations and state law. 

Mayor Larisa stated that they can discussed these items further and make adjustments.  My only point with the captains was because of the no personal use rule the taxpayers might be charged for overtime. 

Mr. Rossi stated we don’t want to but we may have to make a Department of Labor complaint and go back over the past two years for back pay for overtime.  They are not in a position to hire and fire and therefore are entitled to it, in the past they got to use the cars.  Your attorney recognized this.  An hour is reasonable to go anywhere in RI. 

Mayor Larisa asked if he would agree if a resident saw a captain’s car at a Red Sox game there would be a reasonable expectation that it shouldn’t be there as Boston is one hour away. 

Mr. Rossi stated that would be a use that I would say should be prohibited.  The reason there is animosity here is because they feel like they are being belittled, they are fine officers, they have never abused the cars, there are disgruntled employees, under the last chief there were officers who were wrongly targeted and they took their cases outside of the department.   I would like the witnesses to be produced who say the captains are abusing their cars.   It’s their right. Interim Chief Studley has his take home car.

Mayor Larisa stated the only issue was the personal use. 

Mr. Rossi is it more economical for them to take the car home than get over time with the four hour minimum call back provision?  The used car is worth probably $8,000.  They are always on call.  That is why I feel it is disingenuous that it saves the taxpayers any money.

Mayor Larisa stated if it is used just for non personal use and no overtime that is where the savings came in.  If you agree a Red Sox game is going too far there should definitely be further talk about the issue. 

Mr. Rossi stated this was really directed at Councilman Cusack’s remarks.  You stated one of the solicitors stated an officer was using profanity outside of a courtroom and yelling and screaming. That same solicitor, Bob Craven, told internal affairs that no such thing happened. 

Councilman Cusack stated that he recalls Solicitor Craven attributed the witnessing of that incident to the prosecutor from the Attorney General’s office.

Mr. Rossi stated the case has been investigated. 

Councilman Cusack well let’s find out if I have been misled let’s find out.  

Mr. Rossi stated Solicitor Craven called the City Manager that he received a tip that Internal Affairs was destroying records after Chief Paquette left.  The City Manager didn’t call the captain in records to look at the computer system and note that the officers in IA don’t even have the rights to destroy or delete records.  But instead the City Manager calls the IT Director Lori Fox to go in there and look at the records. 

Councilman Cusack stated Solicitor Craven did not say that he knew of his own knowledge but that he received a call and he reported that call to the City Manager. 

Mr. Rossi said that is correct and the City Manager didn’t bother to call the captain in charge he called in the IT Director.  What the Manager should have done was to call the captain in charge. 

Mayor Larisa stated that Judge Silverstein said once an Interim Chief was appointed the chief is no longer absent and therefore no position for the Deputy Chief to fill. 

Mr. Rossi said what he remembered hearing was there has to be a chief in order to have an absence and when he retires you don’t have a chief therefore you don’t have an absence. 

Councilman Coogan asked Rossi to tell the Council what is the atmosphere like in the police department now? Have the state police found any problems?

Mr. Rossi stated it was the belief within the department that they don’t need the state police, not because we don’t like them but because there is no wrong doing, corruption or criminal activity in the department. We just had a bad chief.  Councilman Cusack you were here with the whole Lisa Pinto situation.  The chief did nothing to defend the police department when when it was clear she was lying.

Mr. Rossi proceeded to read a prepared statement, thanking the Council for the moment of silence honoring fallen men and women of the police.  He continued with a history of the police department and how long a chief has been selected from within the department since its establishment in 1888. He continued reading the statement detailing the positive aspects of the police department including the lowest crime rate, criminals being afraid to come here, there are no unsolved murders with the exception of East Providence police officer Peppa from 1921, in a recent survey 85% of the citizens responding excellent for the police department.  The statement continued detailing Mayor Larisa’s personality traits as viewed by Mr. Rossi and itemized events relating to Mayor Larisa’s past recount and as the attorney involving the Narragansett Indians.  This followed by some personal attacks and indicating Mayor Larisa’s desire to humiliate the department.  He further discussed the meaning of the word absence and Judge Silverstein’s ruling.  Mr. Rossi discussed Major Dubois having to report to the state police after 30 years of an unblemished record and who is completely qualified to run the department.  Mr. Rossi added that the City is in debt and should not be paying any extra amount to pay the state police to serve as interim chief.  He ended explaining that the problems in the police department were caused by the former Chief Hubert Paquette and covered some examples explaining this statement.  Adding that at that time the City Manager would meet with us regularly, address the concerns and send Chief Paquette to leadership training.  This never happened. 

Mayor Larisa stated that a man of integrity and honor does not do what Officer John Rossi did.  If anyone else was subject to that personal attack on this council the gavel would have been banging a dozen times.  But I let him do on because you learn this in law and politics, in law if you got the law on your side you argue it, if don’t have the law you argue the facts, if you don’t have the law and facts on your side you argue policy and if you don’t have the law, the facts or policy on your side you relentlessly attack the person because that is all you have left.  What in the price of tea in China does those cases or the fact that I have been married for 2 years does any of this have to do with this?  He argues about me but the Judge ruled in the case.  He states there is an axe to grind, I was contacted by police officers, I have several friends on the police department some who are my supporters, I have no axe to grind.  All I am doing is for $4500 a year to take all this grief is trying to represent the people of East Providence as their Councilman at Large.  This Council is run by a majority.  The City Manager can pick who he wants and the Council has to say fine that is his responsibility under the Charter. The City Manager will start the process including all 11 that wish to apply and may the best person for the City of East Providence win whether inside or outside and the City Manager will make the pick. 

5.The City is Officially Insolvent – The Auditor General Letter – 10% - 20% tax increase, Bankruptcy or Substantial Union givebacks?  by Mayor Larisa

The amount of overtime, scheduling and lack of real co-pay that the City cannot persist in.  Ernie Almonte sent a letter highlighting the precarious position the City is in.  Each year we have a balance in our budget, that is the way the City is designed because we have no design set up for a rainy day fund. I proposed we set one up a few years ago but the City was never able to put any money in it.  Usually it’s 3 1/2-4 million dollar surplus to ensure the bond holders we have a surplus.  Last year we had that 4 million dollar surplus but the school side had a deficit of about 5.2 million dollars so we were on the books for the first time ever being insolvent.  We spent more than we took in.  The 3.5% tax cap will stay and we will find a way not to exceed that tax cap where other cities and towns are increasing taxes.  The School Committee is committed to not suing the residents of the city for more money as happens in some other communities.  Over half of the deficit was from a contract extension that was too costly and the rest was special education costs and other costs.  The School Department is working on a 5 year plan to pay this back.  The funds cut from the State will put the city side 1.5 million dollars in debt.  The City Manager will be going to the unions to negotiate savings and he is looking at other cuts as well.  Bankruptcy is still an option on the table as are pay cuts, layoffs, furloughs and other items.

Roberta Brady came to the front asking to speak, the Mayor asked for unanimous consent, Councilman Cusack objected.  Mayor Larisa asked Mrs. Brady to speak at the next Council meeting under Communications.  Mrs. Brady continued speaking over the gavel and the Mayor called a point of order.  She later took her seat.    

E.COMMUNICATIONS

1.      Kristen Moran, 71 Catlin Avenue, asking to address the Council concerning a Block Party request for a child’s birthday, Catlin Avenue from Fiske to Selden from 4:00-6:00pm on Saturday, May 30, 2009.

Ms. Moran had to leave and Council approved the block party referring it to the City Manager and pending police approval with Councilman Cusack making the motion, seconded by Councilman DiTraglia and it is unanimous.

2.      Frederick A. Vinhateiro, 78 Read Street, requesting to address the Council regarding blocking off Pawtucket Avenue between 3730 and 3712 from 9:00am-3:00pm on Sunday, May 24, 2009 for a Car Show to benefit Brandon Motta. 

This block party was approved with a motion by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.

3.      Kathy Santos, 4 Thurston Street, and Sue Story, former State Representative from Barrington/Riverside requesting to address the Council to ask for their support in the elimination of the straight party vote. 

Mrs. Santos and Representative Story brought before the Council the legislative information regarding the elimination of the straight party vote.  The issue with the voting machines is that when someone selects the straight party vote they are not able to vote for non partisan local races. The voter will still be able to choose all democratic or republican candidates if they choose but they will be selecting them one at a time instead of just one arrow at the top.  This is a non partisan supported bill with a majority of the Board of Elections supporting.  Twelve city and towns have supported this.  The Council voted to support the legislation going before the General Assembly with a motion by Councilman Coogan, seconded by Councilwoman Perry and on a roll call vote it is unanimous. 

Councilwoman Perry asked for unanimous consent and it was granted to address the East Providence Education Foundation which was founded to help supplement items the schools need and can’t get due to budgetary constraints.  They are hosting their 2^nd Annual Duck Race at Hunts Mills on June 6^th the ducks go in the water at noon time and are $5 each and there are monetary prizes, there will be various vendors and food.  

F.ADJOURNMENT

A motion to adjourn is made at 9:57pm by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.

Attest:                                                                                                  Approved:  June 2, 2009

__________

Kim A. Casci

City Clerk