SPECIAL MEETING – CITY COUNCIL -MAY 10, 2010- A special meeting of the City Council was held on Monday, May 10, 2010 in the Council Chambers, City Hall, Cranston, Rhode Island. The meeting of the City Council was called to order at 7:05 P.M. by the Council President. Roll Call showed the following members present: Councilmen Lupino (appeared at 7:07 P.M.), Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin- Andrews, Council Vice-President Livingston and Council President Lanni -9. Also Present: Robin Schutt, Director of Administration; Robert Strom, Finance Director; Evan Kirshenbaum, Assistant City Solicitor; Patrick Quinlan, Esq., Council’s Legal Counsel; Steve Woerner, City Council Internal Auditor; Attorney Matt Oliverio. -MAY 10, 2010- The City Clerk read the following: CITY OF CRANSTON RHODE ISLAND *AMENDED NOTICE SPECIAL MEETING OF THE CITY COUNCIL In Accordance with Section 3.07 of the Home Rule Charter and, Section 2.04.060 of the City Code, I hereby call a special meeting of the City Council to be held on Monday, May 10, 2010 @ 7 p.m. Council Chambers 869 Park Avenue Cranston, R.I. 02910 4-10-1S Ordinance ratifying the IBPO (International Brotherhood of Police Officers) Contract, Local Union 301 (FY 2008-2009) and (FY 2009-2012). Ordinance no. 03-10-3 Diesel Emission Reduction Mayor Disapproved April 29, 2010 Approval of the Mayor’s proposed tax increase over cap *Executive Session pursuant to RIGL 42-46-5(a)(2); Pending litigation – School Dept. Deficit Reduction Plan *Open Session: School Dept. Deficit Reduction Plan I hereby request the City Clerk to notify all Council members of the Call of the special meeting. Executed at Cranston, Rhode Island, this __5th __ day of ____May, 2010____. ____________________________________ /s/ John E. Lanni, Jr., Council President -MAY 10, 2010- CERTIFICATION I hereby certify that a true copy of the attached Amended Notice of a special meeting of the City Council to be held on Monday, May 10, 2010 at 7:00 P.M. in the Council Chambers, City Hall, 869 Park Ave., Cranston, R.I. was delivered via electronic mail on the _ 5th _ day of May, 2010 to the addresses listed below. Council President John E. Lanni, Jr. Councilman Terence Livingston 111 Woodview Dr. 28 Tucker Ave Cranston, RI 02920 Cranston, RI 02905 john.lanni@yahoo.com Terry@livingstonlaw.us Councilman Anthony J. Lupino Councilman Emilio L. Navarro 15 Black Oak Court 61 Autumn St. Cranston, RI 02921 Cranston, RI 02910 tlupino@cox.net Navarro_emilio@hotmail.com Councilman Richard Santamaria Councilman Robert Pelletier 20 Burr St. 81 Laconia Rd. Cranston, RI 02920 Cranston, RI 02920 Ritatj10@yahoo.comrobpelletier1@verizon.net Councilman Mario Aceto Councilman Paul Archetto 152 Locust Glen Dr. 359 Princess Ave. Cranston, RI 02920 Cranston, RI 02920 maceto@hess.com Parchetto@ccri.edu maceto79@aol.com Councilwoman Michelle Bergin-Andrews 280 Summit Dr. Cranston, RI 02920 Michelle@andrewslawoffices.com ___________________________________ /s/ Rosalba Zanni Assistant City Clerk/Clerk of Committees -MAY 10, 2010- 4-10-1S “ORDINANCE RATIFYNG THE IBPO (International Brotherhood of Police Officers) CONTRACT, LOCAL UNION 301 (FY 2008-2009) and (FY 2009-2012)” Ms. Schutt highlighted the proposed contract and indicated that there have been numerous negotiations. Councilman Pelletier commended the Police Union for coming to the table and for the savings this contract will produce. Councilman Navarro also commended the Police Union for coming to the table with the concessions and savings. Councilman Lupino also commended the Police Union for coming to the table with the concessions and savings of more then what was anticipated. On motion by Council Vice-President Livingston, seconded by Councilman Navarro, the above Ordinance was adopted on a vote of 9-0. The following being recorded as voting “aye”: Councilmen Lupino, Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin-Andrews, Council Vice-President Livingston and Council President Lanni -9. 3-10-3 “ORDINANCE IN AMENDMENT OF TITLE 3.08 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED ‘CONTRACTS AND PURCHASES’ (Diesel Emission Reduction)”. Mayor’s Veto Message filed 4/29/2010. Councilwoman Bergin-Andrews asked for an opinion from the Council legal counsel with respect to the laws cited in the Mayor’s veto message and the Solicitor’s disapproval. Mr. Quinlan cited RIGL 23-23-9.5. On motion by Council Vice-President Livingston, seconded by Councilman Navarro, it was voted to override the Mayor’s Veto on the above Ordinance. Motion passed on a vote of 6-1 with 2 recusals. The following being recorded as voting “aye”: Councilmen Navarro, Archetto, Pelletier, Santamaria, Council Vice-President Livingston and Council President Lanni -6. The following being recorded as voting “nay”: Councilwoman Bergin-Andrews -1. Councilmen Lupino and Aceto recused. “APPROVAL OF THE MAYOR’S PROPOSED TAX INCREASE OVER CAP” On motion by Councilman Navarro, seconded by Council Vice-President Livingston, it was voted to continue this item. Motion passed on a vote of 9-0. The following being recorded as voting “aye”: Councilmen Lupino, Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin-Andrews, Council Vice-President Livingston and Council President Lanni -9. -MAY 10, 2010- “EXECUTIVE SESSION PURSUANT TO RIGL 42-46-5(A)(2): PENDING LITIGATION – SCHOOL DEPARTMENT DEFICIT REDUCTION PLAN” On motion by Councilman Aceto seconded by Council Vice-President Livingston, it was voted to go into Executive Session pursuant to RIGL 42-46-5(a)(2) Collective Bargaining/Litigation. Motion passed on a vote of 9-0. The following being recorded as voting “aye”: Councilmen Lupino, Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin-Andrews, Council Vice-President Livingston and Council President Lanni -9. The meeting went into Executive Session at 7:30 p.m. Present in Executive Session: Robin Schutt, Director of Administration; Robert Strom, Finance Director; Evan Kirshenbaum, Assistant City Solicitor; Patrick Quinlan, Esq., Council’s Legal Counsel; Steve Woerner, City Council Internal Auditor; Attorney Matt Oliverio; Maria Medeiros Wall, City Clerk; Rosalba Zanni, Assistant City Clerk/Clerk of Committees. The meeting came out of Executive Session at 8:20 p.m. On motion by Council Vice-President Livingston, seconded by Councilman Santamaria, it was voted to come out of Executive Session. Motion passed on a vote of 9-0. The following being recorded as voting “aye”: Councilmen Lupino, Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin-Andrews, Council Vice- President Livingston and Council President Lanni -9. On motion by Councilman Santamaria, seconded by Council Vice-President Livingston, it was voted to seal the minutes. Motion passed on a vote of 9-0. The following being recorded as voting “aye”: Councilmen Lupino, Aceto, Navarro, Archetto, Pelletier, Santamaria, Councilwoman Bergin-Andrews, Council Vice-President Livingston and Council President Lanni -9. Mr. Quinlan stated that the following vote was taken in Executive Session: authorize Attorney Oliverio to communicate to the School Department’s attorney and offer proposal from the Finance Committee; fiscal spreadsheet detailing this proposal will be made available to the public after this meeting. Solicitor Kirshenbaum added that the entire offer is not contained in this spreadsheet. The meeting adjourned at 8:30 P.M. The meeting reconvened for the purpose of public comment. Public Speakers: Dick Tomlins, 400 Farmington Ave., appeared to speak and stated that as to the spreadsheet presented, the average taxpayer needs explanation so they can understand it. Mr. Quinlan stated that the spreadsheet is the only document that can be made public. The verbiage can only be communicated by the Council attorney to the School Department attorney because this matter is in litigation. As to the Police contract, this is not a structural deal. He is not against unions, but in order for the City to be fiscally sound, we need structural changes. -MAY 10, 2010- Stephanie Culhane, 97 Concord Ave., School Committee Member, appeared to speak and asked the Council to consider the fact that even though the City has an extension to adopt the budget, the School Department has to start living their budget in mid-June. Diana Gordon, 363 Pontiac Ave., appeared to speak and stated that she is disappointed that the Council voted to override the Mayor’s veto regarding the Diesel Emission Ordinance. The City fleet is an old fleet and a lot will be replaced in the near future. She is opposed to this Ordinance. Albert Benetti, 24 Concord Ave., appeared to speak and addressed the spreadsheet regarding the Deficit Reduction Plan for the School Department. He questioned, if the School Department owes the City $6.5 million to be paid back to the City over the next five to six years, the City still has to budget for potential increases to them every year. He questioned how this can be done. Council President Lanni stated that we are in potential litigation and this cannot be discussed. This has to be done between the attorneys for both sides. Janice Ruggieri, 45 Overhill Rd., School Committee Member, appeared to speak. She stated that as to the sale of the Police Station, she asked if there is a deadline for the $1 million line item dedicated to the School Department. Council President Lanni stated that the details of effects of the negotiations of the Police Station cannot be discussed. The sale should be done sometime this year. The meeting re-adjourned at 8:50 P.M. Maria Medeiros Wall, JD City Clerk Rosalba Zanni Assistant City Clerk/Clerk of Committees (See stenographic notes of Ron Ronzio, Stenotypist)