City Council, November 25, 1991.
A special session of the City Council is held Monday, November 25, 1991, at five o’clock p.m. All the members are present except Councilman William Lynch and President Barry presides.
COUNCILMAN WILLIAM LYNCH ARRIVES AT 5:10 PM.
Discussion of Audit Report prepared by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. IS TAKEN UP:
President Barry recognizes R. Robert Popeo, Attorney, from the Law firm of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. to discuss the Audit Report prepared by his firm.
Also in attendance from the Law firm are Richard Rose and John Markey.
From Arthur Andersen and Associates are Andrea MacNabb and James Leach.
Mr. Popeo first cautions against violating attorney/client privilege. He states that because of the continuing criminal investigation and future civil cases, the Council should not give up any rights it now enjoys.
In response to questions, Mr. Popeo states the following:
The kickback on the McCoy Stadium Contract was possible by using RFP’s instead of competitive bids. By awarding the second stage of the Contract at a later time, the City was able to greatly increase the value of the contract. He states that the bidding process should be used in all of these contracts because it minimizes profits which are kicked back, as was done in this case.
Another problem was the use of claim vouchers instead of purchase orders, because claim vouchers do not require Purchasing Board approval.
Mr. Popeo states that the Purchasing Board was a "rubber stamp" on many of the "advice of change" (AOC) reqests because the work had already been done. He also states that the Board Members should meet during the evening hours or should be paid more money so that there will be a larger pool of applicants who will be available to attend meetings.
He states that the City should be considered as a "victim" on any restitution granted by the Court. The City should bring civil action against those who did political business on city time. He also states that the Charter allows dismissal for those who did political work on city time, or those who solicited political contributions from vendors.
He states that the same inadequacies which existed in the Sarault Administration existed in previous administrations, but they did not review information to determine if the same types of activities took place in those Administrations.
He recommends that the Finance Committee take an active role in the financial affairs of the City until they are certain that the Finance Department is following procedures properly.
Miss MacNabb discusses what some other communities do. She states that in some communities the Council or Board of Selectman will review the warrant register on a weekly basis (turnaround report.) Some review the vendor list, some review contracts periodically to see what is being done, some have the Finance Department report regularly to the City Council, some have a fiscal advisor to the City Council on financial matters. She states that another problem Pawtucket has is there is no standardization on record keeping for the Departments. She recommends that Department Heads get together and set some criteria on what records need to be kept and by whom. She states that some communities have a Department of Records whose sole duty is to maintain the Records of the entire City.
On the matter of the suggested maximum contribution of $500, Mr. Popeo states that this is consistent with other states of approximately equal size.
THE COUNCIL RECESSES AT 5:50 O’CLOCK PM INTO EXECUTIVE SESSION TO DISCUSS MATTERS OF PENDING LITIGATION PER RHODE ISLAND GENERAL LAW 42--46--5 (SUB 4) ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0.
THE COUNCIL RECONVENES AT 7:12 O’CLOCK PM.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, Councilman Vieira introduces the following resolution:
Upon Motion made by Councilman Vieira, seconded by Councilman Calista, the following Resolution is passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0.
Resolution rescinding previous resolutions of the City Council, As Amended.
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, William Lynch, Rabbitt and Vieira.
Noes - Councilmen Kinder and Robert Lynch,.
Ordinance regarding prompt payment by City.
The following Ordinance is read for the first time and passed on a roll call vote, as follows:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch, William Lynch, Rabbitt and Vieira.
Noes - 0.
Ordinance Creating a City Pension Board.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
Upon Motion made by Councilman Vieira, seconded by Councilman Kinder, and with the unanimous consent of the Council the President of the Council is requested to name a Committee to investigate zoning complaints against Gerard Lupien, Administrative Assistant to the Mayor.
PRESIDENT BARRY NAMES THE CITY COUNCIL TO SIT AS A COMMITTEE OF THE WHOLE AND THE EXPENDITURE OF UP TO $1000 TO HIRE A ZONING EXPERT TO LOOK INTO THIS MATTER, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
Ayes - President Barry, Councilmembers Calista, Doyle, Kinder, Robert Lynch,, Rabbitt and Vieira.
Noes - 0.
Abstain - Councilman William Lynch.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, Councilman Rabbitt submits the following communication:
Upon Motion made by Councilman Rabbitt, seconded by Councilman Calista, the following communication is READ AND ORDERED FILED:
Communication from Lucie M. Coughlin, Quality Hill Neighborhood Association to Council President John Barry. (Gerard Lupien - Zoning investigation)
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, the following Motion made by Councilman Rabbitt, seconded by Councilman Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank Rendine, Director of Zoning and Code Enforcement, requesting that a 30 day extension be granted for absentee landlords to register with the City. The purpose of the extension is to give the Council time to consider amendments to the ordinance, which were suggested by some landlords. Also, Mr. Rendine is requested to send each member of the Council a copy of the ordinance and the form being used by the City.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman Rabbitt is passed on a unanimous voice vote:
The Clerk is instructed to send a Communication to Mayor Houle requesting his comments on a Communication from Christopher Fay, dated November 21, 1991, regarding the City’s tow list.
THE CHAIR RECOGNIZES COUNCILMAN RABBITT.
With majority consent of the Council, Councilman Rabbitt submits the following communication:
Upon Motion made by Councilman Rabbitt seconded by Councilman Kinder the following communication is READ AND ORDERED FILED:
Communication from Joseph Rogue, Purchasing Agent to the Honorable City Council. (High-Speed Folder, Office Services Division/Councilman Rabbitt’s request for Information.)
Upon Motion made by Councilman Vieira, seconded by Councilman Kinder the meeting is adjourned at 8:00 PM.