I.          THE CONSENT CALENDAR

A.    Approval of Council Journals

1.      Regular Council Meeting July 21, 2009

B.     Letters

1.      Notice of New Property Number 163 North Brow Street.

2.      Rhode Island Ethics Commission New General Commission Advisory 2009-2.

3.      Rhode Island Ethics Commission Role of the Complainant in Ethics Commission Proceedings.

4.      Department of Environmental Management Water Quality Certification and Dredge Permit notice for Metropolitan Park Drive Bullocks Cove. 

C.    Cancellation/Abatements

2007                   $444.38

2008                   $396.80

2009                   $4,276.36

Total                  $5,117.54

D.    Vict/Not Over 25 (Transfer)

Chi Shing Cheng DBA Moon Star 219 Taunton Avenue (02914) to Chung C. Cheng DBA Moonstar 219 Taunton Avenue (02914)

A motion to approve the consent calendar is made by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.   

II.        PROCLAMATIONS AND PRESENTATIONS

A.    Municipal Court Judge Harry Asquith, Jr. – Oath of Office

Councilman Cusack expressed the Council’s appreciation to Patrick Rogers for serving as Municipal Court Judge and added due to circumstances in his professional and personal life it has made it difficult for him to continue. 

The oath of office is delivered to Harry Asquith Jr. by Mayor Joseph Larisa.  Judge Asquith thanked the City of East Providence for the opportunity to serve. 

B. Rumford Junior League All-Stars

Mayor Larisa provided background on the All-Stars.  The team had to win two games in a row and beat Smithfield twice in order to get to the finals.  They beat Barrington, Pineview and Pawtucket for the District 2 Title.  They went on to defeat Edgewood, South Elmwood, Chariho and beat Smithfield twice to win their ticket to New Jersey to the Regional Tournament.  The highlight of the tournament was a 5-3 ten inning game win over Chariho.  In the Regionals they lost 2 very close extra inning games to New Jersey and Maine. They did East Providence proud not only in winning the District 2 finals but also in their performance in the Regionals.

Mayor Larisa presented proclamations to the team and coaches of the Rumford Junior League All-Stars.  (put names here)

The Coaches came up to say a few words thanking the City Council for having them there today and acknowledging the team’s accomplishments and hard work.  They gave a special thanks to Councilman Cusack and Mayor Larisa for being at Kimberly Rock Field to see them off when they left for the Regionals.  They also issued a special thank you to Senator Frank Devall for attending all the games throughout the year.  They thanked the City for Glenlyon Field and how well it’s kept up all season.  They closed in thanking Bobby Silva for all the hard work he puts into making Rumford Little League a big success and to Scott Cronan the President of the League and two friends and their best fans Ben Patch and Kyle Markey.  There are two teams in the League to draw all stars from where other cities and towns have 5 -10 teams in their League and our team represented the Rumford All-Stars represented City and Rhode Island well. 

III.       APPOINTMENTS

A. Conservation Commission

Frank Dias, 94 Mowry Avenue (02914)

A motion is made by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.   

IV.       LICENSES REQUIRING PUBLIC HEARING

Barbosa, Christiano/Perry, Jason R. DBA E.P. Pawnbrokers 912 Broadway (02914)

Christiano Barbosa spoke stating the location is on the corner of Grosvenor and Broadway.  Our mission is to find superior pawn broker solutions for the community while changing the perception of pawn shops.  We want to be the first choice for people looking for a clean quality pawn broker and true to integrity, professionalism and excellence.  They showed a quick market analysis stating that pawn shops are usually located in low income areas but due to access to credit and loans lessening there are more middle income people turning to pawn brokers for capital.  For many years they have had a negative stigma attached to them.  They will provide low collateral loans instead of repossessing collateral they receive possession at the time of the loan.  Mr. Barbosa stated this is his first business.  Mr. Perry stated it was not his and that he runs EP Construction a local excavation business.  Mr. Barbosa stated the law to sell anything to a pawn shop is 18 or older.  We work with local law enforcement who provide us with a list of stolen items, we also take a picture of their ID in case something comes back stolen and we give a periodic list to local law enforcement of our items.  If someone is questionable we are not going to take the risk. Mr. Barbosa stated that for the last 10 years he worked for a computer company and was laid off in April.  Councilman DiTraglia asked if there was a bond issue, the Solicitor stated that under RI General Law there is a license bond requirement for $2,000.  The Solicitor let the applicants know what the statute was and that there were very specific guidelines as well as penalties for violations of the statute which the Attorney General oversees. 

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

V.        NEW BUSINESS

A. City Managers Report

1. Police Chief Update

The Police Chief selection process has been completed.  I will introduce you to the successful applicant and my choice to fill that position.  As a result of the vacancy from the retirement of former Chief Herbert Paquette, I worked with the RI State Police and they loaned us a police executive to assist us in the management of that department on an interim basis.  As you know, Ray Studley has been serving as the Interim Chief and he is in the audience and I would like to publically thank him for his commitment to East Providence during this assignment and for the valuable work he did for us.  As a part of the process we submitted an advertisement and received 34 applicants.  We asked for a written document to be completed.  Based upon that process a number of people dropped out.  The result left 12 applicants, 5 external and 7 internal.  The review process by a committee which was composed of the City Manager, Assistant City Solicitor Robert Craven and citizen Monty Monteiro who is a retired Major from the Providence Police Department and a retiree from the Department of Alcohol, Tobacco and Firearms.  We spent about two days interviewing all of the applicants and it was our unanimous decision that the individual chosen was an outstanding candidate and was fit for what we needed to accomplish in East Providence at this time.  My selection is Joseph Tavares, he is a retired Major from the Warwick Police Department and has about 29 ½ years in law enforcement in Warwick, received advanced training from the FBI Academy, grew up in East Providence and graduated from East Providence High School. 

The City Manager called Joseph Tavares up to the podium to introduce himself to the community. 

Joseph Tavares spoke, stating that he is honored to be here adding that the process was professional and fair. He went on to state he is sensitive to those applicants from within the department.  There will be no celebration.  He was raised in East Providence.  As a student at Central Jr High, Mrs. Wheeler’s class arranged for a police officer to come in and speak to them and from that point on he wanted to be a police officer.  The officer who came to speak was Roland Grant. He had been employed by the Warwick Police Department for 29 ½ years and just retired a few months ago and was thinking about a second career when this opportunity came up.  He loves police work and he loves the City of East Providence.  If the City was going to go outside the department he wanted to be considered.  He is his mother’s caretaker and can be found in East Providence on a daily basis and would like to give something back.  The City of East Providence has a great police department and very professional.  He is here to address some issues at this time.  There will be no honeymoon period, the job will be tough and the hours will be long.  He will be listening to all the officers and those areas that need to be addressed will be addressed there will be no A and B Team under his administration.  He will be looking for new leaders and to develop them so the next chief will be taken from within the department. He is proud to now be an East Providence Police Officer. 

The City Manager closed out announcing the new chief will be at work at 8:00am tomorrow morning. 

The Mayor added the City Council does not know the new Chief, did not select him and did not play a role in the process.  That is how the charter reads.  The people of East Providence passed the City Charter and we follow the charter, we work for the citizens of East Providence.  Members of the Council shall not direct or request the appointment of any person the City Manager hires and there is a penalty provision that if they do they shall be guilty of a criminal misdemeanor and shall cease to be a Councilmember.  Prior to 1954, East Providence was an extremely political system and people wanted that changed. 

Councilman Cusack agreed and felt it is a good idea that elected officials are not involved in personnel matters.  That process was respected here.  He stated he asked the City Manager if he was confident that this candidate is the best choice and he acknowledged that the candidate was.  He added that he wanted to know if it was decisively the best. City Manager Brown stated he was very certain that the candidate was.  Councilman Cusack continued, stating the Council cares about the process and the result but should not interfere.  He added that he asked the new chief a question tonight on whether he will insist on accountability in the police department due to the fact that in the past under the previous chief heard a lot of dissention was heard and the new chief stated that he would.  Councilman Cusack said he hopes that he will communicate with all members of the department and not just the command staff. 

Councilman Coogan stated that he always felt the problems were at the top with some of the leadership and out of the 11 men who applied for the job he was sure the City could have picked someone from the inside.  Warwick recently passed an ordinance for no more outsiders because picking from the outside didn’t work for them.  The City talks about layoffs yet tonight there are 9 police officers working over time.  The Warwick Police Department have spoken very highly of the new Chief and this is not to slight him, he has a tough road ahead in East Providence.  Councilman Coogan recognized the new Chief’s family and welcomed them. 

Councilwoman Perry added this is the City Manager’s decision and the Council should not be involved.  She added that Councilman Coogan had stated the officers are professionals. The Council expects this will continue and that they will work with the new chief and get back to what they have always been known, as the best police department in the state.  It’s time to put aside all of the problems, animosity and bad feelings of the past few years.

Councilman DiTraglia stated the Council is here because the people put us here to make the best decisions.  The Council hires the City Manager.  By us giving him that authority he is supposed to run the City.  When it comes to hiring a department head the City Council has nothing to say about it and I think that is wrong.  If you are heading a big department, things that cost the tax payers a lot of money the Council should have some say. What if something happens and the new Chief makes a mistake, not that I think this is going to happen but what if it did, the reflection by the voters is we put him in and we didn’t .  The reflection falls on the City Manager but we hired the City Manager, we need to have some accountability.  The City Charter says no but this should be changed, main departments such as police, fire and public works need to have some participation and accountability by the Council.  Saying you have to talk to the City Manager is not a good enough answer for my constituents.  I really don’t know anything about Mr. Tavares we just met 20 minutes ago in closed session, I have not seen a resume and I was only able to ask about three questions tonight.  We did have people from our department who did not get hired for this position. 

2. Water System Improvements: Water Main Cleaning and Lining – Phase I

The City is in need of a number of replacements for outdated and corroded water lines.  Bids were received from four pre-qualified bidders. The Council is being asked to award a contract to W Walsh Company in the amount of $3,881,161 for water line replacement and actually cleaning and lining 25,000 linear feet of water pipeline and then the replacement and installation of approximately 9,000 linear feet of water pipeline.  By contract the work is to be completed by July 1 of the year 2010. 

Director Coutu explained this is the drinking water $6,000,000 bond and because there is a limited amount of water projects in the state the City will be getting a 22%-23% forgiveness.   The City is going to one of the older areas where there is the oldest pipe in the greatest need.  Due to the economy, the City received very good prices from contractors to do the work.  The contractor is ready to go and get as much done as possible this Fall and come back in the Spring.  There is minimal pavement disruption but on some streets there will be a complete overlay.  They will use overland pipes while repairing and there will be a PR campaign to let people know.  The company is very well known for this work and is out of Attleboro.  The Director showed a prop of an old cast iron pipe with the buildup and this is where dirty water complaints come from. 

Councilman Coogan brought up the issue of companies doing work and doing really bad patch jobs and asked Director Coutu to please make sure they patch them correctly and replace sewer caps correctly because they cave in.  Councilman Cusack agreed stating someone needs to hold them accountable to make sure they leave the roads the right way. 

Director Coutu said they do have a road opening permit process for utility cuts.  It’s a constant follow up. The gas company is literally out there every day because they are replacing very old utilities as well. 

Mayor Larisa added that residents should call the Director of Public Works, call the Council, the City Manager or the City Clerk to let someone know if this has happened so the City can get it fixed immediately and not find out months and months later. 

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

E.     Council Members

1.      “Update on City Fiscal Woes – Union Contracts and Arbitrations” by Mayor Larisa

Since the last meeting the Governor has proposed to take away the City’s fourth quarter car tax reimbursement payment this comes on top of the 2.2 million in revenue sharing that was eliminated.  The Fire Union proposal was for a 6% pay increase, the hiring of 44 new firefighters and a list of other changes which will cost tax payers more than 3.5 million a year.  This type of increase would require a 10% or more tax increase which the City cannot afford.  This year they are asking for a 6% tax increase.  This will go to arbitration.  At that point the arbitrator settles in the middle which doesn’t work when the City needs actual cuts, that would give lead to a 3% increase and the City can’t afford that.  So instead the City proposed -6% and are hoping for 0.  The City’s proposal would keep all the firefighters in place and change the platoons from 4 to 3 which would save 1.5-2 million dollars a year without compromising any fire service.  But the union is opposed.  The City would like to meet with them to at the very least  find some common ground. The union only wants to meet with us to talk about their demands claiming the City isn’t following the labor rules and did not get back to the union in 10 days.  Our property tax payers are among the lowest income per capita in the State and the City can’t keep raising their taxes.  Regarding the teacher’s union, yes Dan Kinder’s fees have been between $300,000-$400,000 but if the City doesn’t win it will cost over 3.2 million dollars. This would be every single year and soon the costs are up to close to 10 million dollars. The teacher’s union is fighting for a 5% co pay and their 5% pay raise back.  This is not affordable with all the cuts the City is receiving.  Now they are asking for binding arbitration.  The arbitrator doesn’t take into account the City’s tax cap or the taxpayer’s ability to pay.  Regarding the Police Department no one wants to lay off 13 police officers but the City needs the million dollars a year in cuts.  The City Manager has been in meetings and maybe cuts and attrition may get the same amount in savings and this is all being discussed.  Hopefully the General Assembly will be stopped from passing a piece of legislation that will throw this City into bankruptcy.  Because of the unilateral decision the School Committee has been able to set a plan to pay off the debt, reorganize and keep special needs students close to home, save funds and increase infrastructure at City schools and more textbooks and supplies.  The courts have sided with the City twice to allow the City Manager to hire a chief from inside or outside the department. The issue of the right of Captains to use their cars, Captains can commute during the work day and back and forth to home within reason.  The State Labor Relations Board found it was not an unfair labor relations practice to limit the use of the cars. 

Councilman Coogan asked if the City Manager pays 20% co-pay and if all the department heads pay 20%, and added they should lead by example. 

City Manager Brown stated he pays 15% and has been paying 15% from the day he started when others were paying very little and police and fire pay 5%.  He added he doesn’t have a problem with paying 20% but didn’t appreciate being singled out especially when he volunteered to pay a larger amount when all others did not.  He would be glad to have the discussion with the entire Council and felt this was not an appropriate venue. 

Councilman Cusack addressed that in public meetings in the last month or so and written communications, union leaders, leading city employees have been talking about municipal bankruptcy as an idle threat.  This is a misleading tactic. The teachers are being misled into thinking that some court is going to restore the 3.2 million that was taken from them, that is false.  There is support on this council that instead of 20% or more of an increase in taxes which probably wouldn’t even be approved by the General Assembly anyway, there is municipal receivership.  That receivership would empower a receiver to take that contract and set it aside entirely.  If unions did not give sufficient concessions then the power is with the receiver to pay only what the City can afford.  That would be substantially less than what right now that contract provides for.  These leaders should be honest with their members.  This School Committee has put together for the first time in a very long time a responsible budget that is funding athletics, technology and supplies for the kids.  Bankruptcy is just going forward in another way.  There is no secret money locked away that the City can use.  In a period shorter than one year the City has lost over 3.7 million dollars in aid from the State.  No one wants to lay people off.  The receiver would get rid of the debts in one shot and balance the budget the Council and City Manager would be set aside in all of their authority.  The receiver will report to the court on a weekly basis at the very least.  The Council doesn’t enter into this lightly but if forced to that is what we will do. That money is never coming back.

F.     Introduction of Ordinances

1.   This ordinance would provide for the removal of a  no parking sign for GROSVENOR AVENUE (north side) from North Hull Street to North County Street during the hours of 8:00 a.m. and 9:00 a.m. and 2:00 p.m. to 3:00 p.m. school days.

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

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.  Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-307 entitled “Parking prohibited at all times.” is amended by deleting therefrom the following:

GROSVENOR AVENUE (north side) from North Hull Street to North County Street during the hours of 8:00 a.m. and 9:00 a.m. and 2:00 p.m. to 3:00 p.m. school days.

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

Requested by:  Councilman Coogan

Councilman Coogan explained the purpose is due to the fact that these no parking signs were prior to the one way on school days and time sign which is there now, so there is no longer a need to not allow residents to park in front of their own homes.  Mayor Larisa asked if the schools approved or know about this and asked the City Clerk to inform them of this change. 

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

2.   This ordinance will provide for no parking at Office Parkway (south side), from a point 33 feet west of utility pole #19, for a distance of 20 feet. 

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

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. Article X entitled "Stopping, Standing and Parking." of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Vehicles and Traffic." Subsection 1 8-3 07 entitled "Parking prohibited at all times." is amended to read as follows:

OFFICE PARKWAY (south side), from a point 33 feet west of utility Pole #19, for a distance of 120 feet

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

Requested by:  Director of Public Works

Councilman Cusack read the memo from the Director of Public Works stating that they had received a request for a no parking zone, the reason being large trucks have difficulty obtaining access and making the turn the Office Park noted that those who park there are generally visitors to the office park and there is ample parking in the lot. 

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

G.    Communications

1.      Dalila Raposo, 27 Angell Drive (02914) requesting to address the Council regarding a block party to be held on Saturday, September 5 (rain date Sunday, September 6) from 6:00pm-11:00pm blocking Martin St., Seabrook Dr. and Brookhaven Dr. 

Ms. Raposo spoke and stated that rather than blocking off all 3 streets they would instead request to block off Seabrook and Brookhaven, they contacted all the neighbors and made flyers and received written permission with 18 signatures, there are no objections, this is the first block party.  A diagram was submitted showing the block which is an L shape and which will really only blocking Angell Drive from the entrances. There is a permit for a DJ from the City Clerk and the Police Department.  Monday is Labor Day weekend if they have to use the Sunday rain date.  It is mostly all family, neighbors, kids, not a party per se.

Councilman DiTraglia made sure they were aware that if the noise was too loud as the license indicates the police may come and ask that they turn the music down.   They acknowledged this signed agreement.   

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

2.      Paul D. Charpentier, 99 Don Avenue (02916) requesting to address the Council regarding a block party to be held on Sunday, September 20 (rain date Sunday, September 27) 11:00am-4:00pm blocking off Selden with Lewis open for traffic to Catlin and blocking off Greenwood entrance to Don Avenue.

Testifying is William C. Fisher 65 Don Avenue testified on behalf of Mr. Charpentier who was unable to attend.  There will be lunch and entertainment for the kids, there will be a DJ set up in a neighbor’s driveway.  There will be a moon bounce set up on Seldon. This will be the 7^th year. 

A motion is made to approve by Councilman Cusack, seconded by Councilman DiTraglia and it is unanimous.

3.      Courtney Rook-Repoza 1100 Bullocks Point Avenue (02915) requesting to address the Council regarding proposed noise ordinance and one day entertainment license changes. 

Ms. Rook-Repoza was not in the audience. 

A motion to remove from the docket subject to her request to appear at another Council meeting is made by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.   

Councilman Coogan asked for unanimous consent announcing the passing of Senator Ted Kennedy and his honoring his service to the Country. 

He also spoke regarding a recent injury at Silver Spring School during a pee wee football game which he was attending with his sons. A young man broke his arm and the response from the fire department was great.  The firemen were great they calmed him down, got him to the hospital, the parents commented on how well they were treated and wanted to thank the department.  The parents were from Councilman Cusack’s ward, Sutton Ave, Julie, Dave and their son Dion. Councilman Coogan commended the Chief and the Department.

Councilman Cusack spoke of a call for a rescue run for his son who had a choking incident, the firemen took care of him and they were unbelievable, they were right in there in the emergency room, they didn’t just leave his son there, they waited until the Dr came and that is not the first time he knows that they have done this.  They have responded to his house in the past.  When old paint was being burned off and there was a small fire and they took care of everything.  Councilman Cusack acknowledged there was a firefighter in the audience at the Council meeting who saw his wife struggling to get their son up and out of the wheelchair and into the house and came right over and helped.  That is Oscar Elmasian.  Just as a neighbor, he saw a need and jumped in.  And we appreciate all the things they get credit for and do not get credit for. 

Councilman Coogan stated it was Timmy Cunha who was the rescue driver who responded to the playground incident and sat in the back with the small child and calmed him down. 

VI.       Adjournment

A motion to adjourn is made at 9:21pm by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous. 

Approved by Council:  October 6, 2009

Attest: 

__________________

Kim A. Casci

City Clerk