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August 28, 2006

Update: Carcieri manager fires back at Fogarty campaign

PROVIDENCE – Governor Carcieri’s campaign manager this afternoon said he and a team of lawyers are looking into what he called a “bogus complaint” filed this morning by the campaign for his Democratic gubernatorial challenger.

The complaint filed by Lt. Gov. Charles J. Fogarty's campaign manager accuses Carcieri of failing to disclose that his fundraising has exceeded a $1.96 million cap.

But Carcieri campaign manager Kenneth K. McKay IV said it appears that the regulation that Fogarty is relying on isn’t on the books anymore.

McKay said his research shows that a regulation from 1994 would have mandated the governor’s campaign to file such summary reports about Carcieri’s fundraising.

However, during what McKay called a “massive regulatory overhaul” in 2002, the Board of Elections never re-filed that regulation. According to McKay, it does not appear on the Secretary of State’s Web site under campaign regulations and does not appear in the campaign manual issued by the Board of Elections.

“If it does require us to file, then we will,” McKay said, but the governor’s team simply hasn’t determined yet whether they believe they are bound by that old regulation.

Fogarty’s campaign said earlier today that campaign finance laws require the candidates for governor to notify the Board of Elections and their opponents within 24 hours of exceeding a cap under the state’s matching funds program.

-- projo.com staff writers Kate Bramson and Steve Peoples

McKay said the Republican Carcieri is not taking taxpayer dollars as matching funds for what he raises in the campaign.

Fogarty is relying on the matching-funds program. The idea behind the old regulation, McKay said, is that if the governor raises more than the $1.96 million cap, then his campaign must alert Fogarty, thus allowing Fogarty to raise more and receive more matching funds as well.

“This law in place for a reason," Fogarty campaign manager Brett Smiley stated this morning. "The amount of money our campaign can raise and spend is directly related to the amount of money Governor Carcieri raises and spends. His decision to disregard the law puts our campaign at a disadvantage."

Early this evening, Fogarty’s campaign responded to McKay’s comments, saying the regulation the Fogarty campaign is relying on is on page 19 of the 2006 campaign finance manual for the public financing of campaigns for candidates for general office.

Fogarty spokesman Adam Bozzi faxed a page to The Journal labeled “MPF Manual 6/06,” which states: “All candidates for general office, including those who have elected not to avail themselves of the public funding provided under 17-25-18 through and including 17-25-29, will report to the Board when such candidate has exceeded either the contribution or expenditure limits of 17-25020 (2).”

-- projo.com staff writers Kate Bramson and Steve Peoples

Posted by Kate Bramson at 7:02 PM | Comment

Update: Memorial Hospital, union clash over buttons

PAWTUCKET – The union representing nurses and other health-care workers at Memorial Hospital of Rhode Island today filed an unfair labor practice charge against the hospital with the National Labor Relations Board.

United Nurses & Allied Professionals, Local 5082 – which represents 373 hospital employees -- says the hospital has ordered employees to remove union buttons, which the union says is in violation of federal labor law.

The union has issued a notice saying it intends to go on strike at 7 a.m. on Saturday.

The hospital is allowing managers, supervisors, administrators and other non-union employees to wear buttons, said Christopher Callaci, the field representative for the union and the chief negotiator in the labor dispute.

Callaci said the union’s buttons say, “Know Respect.”

He said he has not seen the hospital’s buttons, but is told they say something such as “Vote yes/Accept the contract.”

“What’s remarkable is that they have decided to discriminate against union employees,” Callaci said. “They’ve said we’re going to allow non-union folks to wear our button, but not allow union folks to wear their buttons. That’s a clear double standard, and it’s discriminatory, which is the basis of the charge.”

Both sides are scheduled to meet with federal mediator Joseph Kelleher tomorrow morning and Thursday evening. The union intends to ask its members to vote once more on the hospital’s final offer, which the union rejected earlier this month 229 to 58.

The NLRB's office in Boston will handle the union's complaint.

-- projo.com staff writer Kate Bramson

On Friday, the hospital called for union members to stop "subjecting patients to undue stress and rhetoric," according to a press release issued that day. The hospital took issue with what it called "inflammatory" buttons union members were starting to wear on the job.

"This attempt to subject patients, many of whom are gravely ill, to inflammatory, combative rhetoric is unacceptable," said Francis R. Dietz, president/CEO of the hospital.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 6:56 PM | Comment

Teacher talks: Tentative pact in Westerly, Burrillville teachers ratify

The Westerly teachers union and school administrators have reached a tentative contract agreement that union members will vote on tomorrow afternoon.

Students are due to return to class on Wednesday.

That narrows to three the number of public school districts that are still without ratified teacher contracts for the upcoming school year, according to Robert A. Walsh Jr., executive director of the Rhode Island chapter of the National Education Association. The state-run School for the Deaf is also still working to reach agreement.

Earlier today, the Burrillville Teachers Association ratified a contract settlement hammered out in a Friday-night mediation session that lasted until 3:30 a.m. Saturday morning, according to Walsh.

The Burrillville School Committee plans to vote on the proposed settlement at a special meeting Thursday. Teachers returned to school today, and students start Wednesday in Burrillville.

The remaining public districts without ratified contracts are Cumberland, where teachers picketed today instead of reporting to work, Middletown and North Smithfield, according to Walsh.

-- projo.com staff writer Kate Bramson, with reports from Journal staff writer Cynthia Needham

The NEA is the teachers' union that represents teachers in all of the districts and the School for the Deaf that have outstanding contracts.

Cumberland teachers and administrators met until 5:30 a.m. today with a mediator and are expected to meet again with a mediator at 6 p.m. tonight, Walsh said. Classes start Wednesday, although teachers were expected back today.

Middletown teachers and administrators have a negotiation session set for Wednesday. Teachers in that district are due back next Tuesday, and students begin a week from Wednesday.

North Smithfield teachers and administrators have a negotiation session tonight at 6, Walsh said. Classes start next week.

Teachers and administrators at the state-run School for the Deaf are still negotiating and are considering going into mediation, Walsh said.

-- projo.com staff writer Kate Bramson, with reports from Journal staff writer Cynthia Needham

Posted by Kate Bramson at 5:52 PM | Comment

Former nursing home owner indicted on state charges

A statewide grand jury handed up an indictment today charging former nursing home owner Antonio L. Giordano with one count of embezzlement, one count of conspiracy to embezzle, 34 counts of money laundering, one count of conspiracy to commit money laundering, four counts of Medicaid fraud and four counts of conspiracy to commit Medicaid fraud.

John Montecalvo, Giordano's longtime chief financial officer, was also indicted on the same charges.

Additionally, Montecalvo is named on 10 counts of patient neglect, according to the state Attorney General’s Office.

The counts against the two men relate to the operation of the Hillside Health Center, LLC, at 99 Hillside Ave. in Providence, which went into receivership in March 2004, according to the Attorney General’s Office.

Giordano and Montecalvo pleaded guilty in June to federal charges they skimmed $780,539 from the Hillside Health Center, the former Coventry Health Center and Mount St. Francis Health Center in Woonsocket.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 5:10 PM | Comment

Demolition of Old Kent County Courthouse set

WARWICK -- Demolition of the old Kent County Courthouse is scheduled to start this Wednesday morning.

The work is expected to be done with a mechanical claw that will pull the building apart and take about two weeks. The structure, built as an office building in the 1970s, had been plagued with environmental and design problems for many years.

Workers have been doing site work at the old courthouse, such as capping utilities and removing hazardous materials, since it closed at the end of July.

The new courthouse next door opened on Aug. 1. It's due to take center stage next week, when jury selection starts in the trial of Michael Derderian, facing manslaughter charges stemming from the disastrous Station nightclub fire in 2003.

Posted by Andrea Panciera at 3:46 PM | Comment

Update: Accident slows traffic on Rte. 295N in Smithfield

SMITHFIELD – Traffic on Route 295 North at Route 44 is backed up because of what appeared to be a minor two-car accident.

The two right lanes had been closed before 3:30 p.m. The accident is now cleared, according to the state Department of Transportation. No significant injuries have been reported.

Posted by Kate Bramson at 3:36 PM | Comment

Photo: Over the top of the new bridge

The view looking west over the top of the new Providence River bridge toward Route 95.
--- Journal photo Andrew Dickerman

Posted by Peter Phipps at 3:29 PM | Comment

Astor family feud: Of public interest or gossip-mongering?

NEW YORK - The grandson of 104-year-old philanthropist Brooke Astor and news organizations squared off in court today over whether a family feud over her care is of genuine public interest or just fodder for gossip-mongering journalists.

Intimate detail of the famed socialite's declining health "is not the kind of thing that belongs on the front page of the newspaper," attorney Ira Salzman argued on behalf of her grandson at a hearing in state Supreme Court in Manhattan. Coverage of the case so far, he added, has been "nothing more than gossip."

Justice John Stackhouse reserved decision on a request by The Associated Press, the Daily News, The New York Times and the New York Post to reopen the case file. It was sealed in July at the request of the grandson, Philip Marshall, a professor at Roger Williams University in Rhode Island, after the Daily News reported that he had gone to court to remove his father as her legal guardian.

Marshall has alleged that his grandmother, a woman best known for sharing her vast wealth with worthy causes, was reduced to sleeping on a filthy couch to escape a cold bedroom and subsisting on pureed peas and oatmeal, the News reported. His father, Anthony Marshall, has denied any mistreatment.

Family lawyers say that both records and court hearings need to be kept out of the public eye to protect Astor's privacy - a position challenged today by Katherine Bolger, an attorney for the news organizations.

-- Associated Press

Bolger argued that the public had a genuine interest in the well-being of Astor as a "self-described public monument." She also warned against setting a double standard for rich people.

A decision in Philip Marshall's favor "would send the message the people who are wealthy have closed proceedings," she said.

An attorney for Anthony Marshall told the judge his client agrees with his son on one point: that their dispute should be fought behind closed doors. He claimed the publicity had made Anthony Marshall the target of anonymous threats.

"You're dealing with real-world consequences," said the lawyer, Harvey Corn.

-- Associated Press

Posted by Andrea Panciera at 3:01 PM | Comment

Update: Police seek suspects in Rte. 95 rock throwing

CRANSTON -- Police today are looking for the people responsible for throwing rocks and pieces of concrete from a highway overpass onto Interstate 95 over the weekend, an incident that damaged more than a dozen vehicles.

"For 10 to 15 minutes, it rained stones," state police Capt. James Swanberg said today.

The police received several calls from motorists who reported being hit by falling objects between 1:15 and 1:30 a.m. Saturday. Damage included smashed windshields, headlights, and dents to hoods, bumpers and trunks, Swanberg said.

There were no injuries reported.

Authorities believe that the suspects threw small crushed stones onto the speeding vehicles. It could have been worse, according to Swanberg.

"They weren't bolders," he said. "But I'm sure it gave the folks quite a jolt."

CORRECTION: An earlier blog item on this incorrectly reported the time of the incident.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 2:12 PM | Comment

R.I. sending teams to help with Tropical Storm Ernesto

Rhode Island is preparing to dispatch its Disaster Medical Assistance Team to the Southeast to help those affected by Tropical Storm Ernesto, which is bearing down on the Florida coast and may strengthen soon.

Members of the state's DMAT team have been told to report to Atlanta, Ga., by 6 p.m. tomorrow. A division of the Federal Emergency Management Agency, the volunteer team consists primarily of medical professionals such as doctors, nurses and emergency medical technicians.

Rhode Island's group, one of 32 on-call teams across the country, previously responded to New York City during the Sept. 11 terrorist attacks and Hurricane Katrina in Louisiana.

The state Red Cross chapter has also sent one person to Alabama to work on communications systems to prepare for Ernesto. The Red Cross is expected to send at least two more people to work at emergency shelters.

-- projo.com staff writer Steve Peoples with reports from Amanda Milkovits

Posted by Steve Peoples at 12:42 PM | Comment

Suspect in Central Falls killings to face 3rd murder charge

CENTRAL FALLS -- The man accused of killing three people in Central Falls when he shot them each in the head on Aug. 18 will be arraigned tomorrow morning on a murder charge for the third victim.

Central Falls police said one charge against Adelino Duarte, 38, of Main Street in Pawtucket, has been upgraded to a murder charge since the death of Elizabeth Orellana, 37. She died Friday at 4:45 p.m. at Rhode Island Hospital, spokeswoman Andrea Barbosa said today.

Duarte will appear in Sixth District Court, Providence, where he was arraigned last Thursday on two charges of first-degree murder after the deaths of Orellana’s daughter, 20-year-old Kristal L. Duarte (no relation to Adelino); and Orellana’s boyfriend, Octavio Calcagno, 23.

Adelino Duarte was initially arraigned last Monday on a number of charges, including three counts of assault with intent to commit murder and felony domestic assault.

He was not initially charged with murder because no one died immediately from the shootings. For some time, all three people who were shot at Orellana’s Central Falls apartment were on life support at Rhode Island Hospital.

Duarte is held without bail at the Adult Correctional Institutions in Cranston and is also due back in court Sept. 7 for a bail hearing.

-- projo.com staff writer Kate Bramson and Journal staff writer Tatiana Pina

Posted by Kate Bramson at 12:36 PM | Comment

Update: Charlton Memorial power outage

FALL RIVER -- Charlton Memorial Hospital likely will be running on backup power into this evening, according to a hospital spokeswoman, who said the hospital lost power at about 3 a.m. after "a meltdown at our main switch gear."

All elective surgeries have been postponed and some non-essential employees have been sent home, said spokeswoman Joyce Brennan, noting that emergency surgeries will take place.

"There was a seamless transition to backup power," she said. "Right now our main concern is getting our power up and running at Charlton."

The hospital has enough backup power to last "several days," Brennan said. While she expects power to be restored soon, it takes hours of testing before the hospital can access that power, she said.

"When power is restored to a hospital, it's a little different than to a residence, because of all the equipment we have on site," Brennan said. "You can’t just have a surge, you need methodical testing, which can take hours. It’s a delicate process."

Roughly 2,200 electric customers lost power this morning, according to National Grid spokesman David Graves. "There is a piece of equipment that has failed at the hospital," he said. "Right now we’re trying to figure out why it failed."

Power has been restored to all customers, with the exception of the hospital, Graves said. National Grid crews are currently working with a hospital contractor to fix the problem.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 11:56 AM | Comment

Update: Bridge in place, crowd cheers

PROVIDENCE -- Workers and the tide slowly put the new Providence River bridge into place this morning.

Using two barges, construction crews earlier this morning started shifting the 400-foot center arch of the new Route 195 bridge into position adjacent to the Providence hurricane barrier along Wickenden Street.

The falling tide helped the arch settle onto piers on each side of the river. By about 11:50 a.m., the arch was in place.

Workers patted each other on the backs and shook hands. Spectators on both sides of the river cheered.

-- Peter Phipps

Posted by Jack Perry at 11:53 AM | Comment

Gas prices drop another 8 cents

Gasoline prices in Rhode Island dropped an average of eight cents this week, the fourth straight week of falling prices, according to AAA Southern New England.

The average price for regular, unleaded gasoline is $2.97 per gallon at the self-service pump, according to AAA's weekly survey.

It's the lowest price locally since the last week of June, but still 33 cents more than drivers were paying at this time last year.

Posted by Jack Perry at 11:31 AM | Comment

Cumberland teachers don't show for work today

CUMBERLAND -- District teachers did not report for work today after weekend negotiations with school administrators failed to produce a tentative contract, according to union president Rod McGarry.

The union and the district, which broke off a 12-hour negotiation session today at 5:15 a.m., will resume state mediated negotiations at 6 p.m.

Meanwhile, around 350 teachers are picketing in front of the high school on Mendon Road.

“Both negotiating teams are functioning on six hours of sleep. It is not for a lack of trying on both sides” that a contract has not been reached, McGarry said. “Talks have gotten much more serious, and there is much more dialogue than there was leading up to today.”

McGarry added that the district rejected the union’s proposal this morning to work “per diem” until a contract is settled.

Teachers were scheduled to attend the first of two professional development days today before the start of school Wednesday.

-- By Journal Staff Writer Philip Marcelo

Posted by Jack Perry at 11:25 AM | Comment

Update: Journal Register exploring sale of R.I. papers

The Journal Register Co. today said it is looking to sell newspapers it owns in Rhode Island and Massachusetts.

The papers include the daily Pawtucket Times, Woonsocket Call, Kent County Daily Times, all in Rhode Island, and the Fall River Herald News and Taunton Daily Gazette in Massachusetts.

It is also exploring the sale of its weekly group, the Southern Rhode Island Newspaper Group in Wakefield.

Company chairman and CEO Robert M. Jelenic stated in a press release, "Although we are continuing to operate our business well despite an extremely challenging period in today's complex newspaper environment, we must continuously consider how to best deploy our resources. In that regard, we are evaluating a strategic divestiture of our New England Cluster and focusing our efforts on those operations, including our growing online operations, which generate a higher return on capital and produce a higher level of profitability and cash flow."

For the year ending June 30, the properties generated $39.9 million of revenues and $8.9 million of operating cash flow. But the company said it has hired Dirks, Van Essen & Murray to help it to "focus on more profitable operations."

According to the company's press release, there is no guarantee any transaction would occur.

Journal Register Company owns 27 daily newspapers and 366 non-daily publications. It operates 222 individual Web sites affiliated with the company's daily newspapers, non-daily publications and its recently acquired network of employment Web sites.

All of the company's operations are clustered in seven geographic areas: greater Philadelphia; Michigan; Connecticut; greater Cleveland; New England; and the capital-Saratoga and mid-Hudson regions of New York. The company owns JobsInTheUS, a network of seven employment Web sites in the Northeast.

Posted by Peter Phipps at 10:45 AM | Comment

Update: Bridge moving into place

Tom Collins of Cranston shot this picture Sunday of the bridge passing by the Ponham Rocks Lighthouse in East Providence.

PROVIDENCE -- The bridge is moving.

Using two barges, construction crews this morning have already started shifting the 400-foot center arch of the new Route 195 bridge into place adjacent to the Providence hurricane barrier along Wickenden Street.

The plan is to have the massive structure in place by high tide, which is scheduled for 11:32 a.m., according to state Department of Transportation spokeswoman Dana Alexander Nolfe.

The arch section of the new Providence River bridge made a calm trip up the Bay from North Kingstown yesterday morning, ending up next to the piers on which it is to be installed today.

The 400-foot-long arch is part of a 1,235-foot bridge that will carry a relocated section of Route 195 across the river.

Read more about the bridge in today's Journal.

Posted by Steve Peoples at 9:15 AM | Comment

Save the Bay celebrates Barrington project

BARRINGTON -- A host of local, state and federal officials plan to gather at the Walker Farm this morning, the site of an eight-year, $494,000 restoration of a salt marsh set along 100 Acre Cove.

U.S. Sen. Lincoln D. Chafee and Rep. Patrick J. Kennedy will join representatives from Save the Bay, the National Oceanic and Atmospheric Administration and the state Coastal Resources Management Council at the 9:30 a.m. celebration.

The project successfully restored the natural tidal flow in and out of the marsh. It also improved public access to the area, which "was once an overgrown and inaccessible thicket of invasive plants," according to a statement released by Save the Bay.

Posted by Steve Peoples at 7:33 AM | Comment

Hold on to your umbrella

PROVIDENCE -- The rain isn't supposed to stop for a while.

The National Weather Service is calling for periodic rain throughout today and into tomorrow, with up to an inch and a half of rain possible over the two days.

Today's high temperature should only reach 73, the weather service says, and the bulk of the rain should fall before noon. There will be a chance of showers tonight with a cool north wind blowing between 5 and 7 mph.

Heavy rain isn't supposed to start tomorrow until about 9 a.m.

For more weather and updates, see projo.com/weather.

Posted by Steve Peoples at 7:00 AM | Comment