James T. Higgins, At Large

Council President

Jeffrey J. Mutter, District 2

Bruce A. Lemois, At-Large

Council President Pro-tem

Board of Licensing Chair

Antonio J. Albuquerque, District 1

Kelley Nickson-Morris, District 3

Council Member

Board of Licensing Vice Chair

Mia A. Ackerman, District 5

Jason B. Kirkpatrick, District 4   

Council Member

Council Member

 

MINUTES FOR THE REGULAR MEETING

OF THE CUMBERLAND TOWN COUNCIL

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

CUMBERLAND TOWN HALL, SECOND FLOOR

JANUARY 17, 2007

                                     

7:36P.M.

REGULAR MEETING

 

MEMBERS PRESENT:

    

Council President Higgins, Councilors Mutter, Morris, Kirkpatrick, Albuquerque, Ackerman and Lemois     

 

Also present, Thomas E. Hefner, Town Solicitor, Daniel J. McKee, Mayor and Sandra M. Giovanelli, Deputy Town Clerk

 

MEMBERS ABSENT: 

 

GENERAL ANNOUNCEMENTS

 

Council President Higgins welcomes back Mayor McKee to the Council Chambers.  He announces for the public and members of the audience who may be present to hear the matter regarding the resolution to abandon a portion of Maple Street will not be heard due to the fact that the applicant has withdrawn his petition and will not be heard tonight.  He also informs that the Zone Change for the CVS Pharmacy will be continued to February 7th because the Project Engineer submitted an abutters list that was missing four property owners’ names so they needed to be notified again and will not be heard tonight.    

 

UNANIMOUS CONSENT ITEMS

 

A.   Acceptance of Previous Minutes- Special and Regular Meeting of January 3, 2007

 

B.      DEPARTMENT REPORTS:

 

 Animal Control

 Building Official

 Municipal Court’s Annual Report

 Parks and Recreation Department

 Police Department

 Rescue Department

 Rescue Department Annual Report

 Tax Assessor

 

C.   COMMUNICATIONS:

 

 1.   C-07-03A letter from DEM regarding an Insignificant Alteration-Permit, Application No. 06-0472 in reference to AP 12 Lot 15 c/o Charlene Labbe of 1327 Cranston Street, Cranston, Rhode Island

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

FINANCE REPORT:

 

1.      General Fund Report as of 12/31/06 for the current FY 2006-2007 period.

 

Thomas Bruce, the Finance Director, states that the report this evening is in regard to the six month period ending December 31st.  He mentions that like usual, each month they track the current year tax levy and they are right in line with prior years at 59.6 percent of the 2006 budgeted tax levy.  He adds that the value of the collections year to date $15.1 million.  He also informs that for 2005 and prior years delinquent taxes are at a value of 26.15 percent, which is very comparable to last years 25.81 percent.  Mr. Bruce states that in terms of other revenues such as Town Clerk and Real Estate are exhibiting adequate performance.  He points out that the Realty Transfer Taxes are somewhat low due to their financing activity in terms of consumers which are down both last year and this year causing them to lag about 10 percent.  He declared that the Rescue fees collected as of December 31st are reported and they have expenditure amounts that are generally in line with anticipated budgets, non-seasonal payroll, and accrual overlap of the fiscal year into next July reflecting exactly the half way point.  He points out that if they see departments that at less that 50 percent, it most likely indicates that there were vacancies for some period of time.  Mr. Bruce states that if they see a department payroll of an excess of 50 percent, they are most likely looking at severance pay that was paid out last month.  He announces that health insurance costs are still running favorable relative to budget, after 6 months they are at 46 percent of their $2.3 million budget, slightly favorable.  He continues to state that the Rescue overtime account at six months is already overspent by $54,739 and this particular performance of this account is similar to prior years.  He explains that they usually first go to the Rescue Department accounts that have shown additional money to transfer within a department and they have not yet done that, but now that they are setup with a new administration they will be meeting to discuss doing just that.  He informs that the tax collections between now and April 30th are very important.  He states that currently the collectors’ office is preparing delinquent notices for all real estate.  He informs that they are under a new tax sale law and are working with Attorney Montabano’s Office in terms of the proper method of sending out three certified mailings, each one spaced out 10 weeks, which would bring the tax sale date sometime in August due to that spacing in notice.  He concludes by pointing out that included with his report is the check register report for the second month and they will be adding this every month.                              

 

2.      School Department Financial Report

 

Alex Prignano, the School Department’s Business Manager, states that the report that he has provided the Council with might be a little different than what they are use to seeing in the past.  He believes that the copy of the general ledger that has been provided in the past is a little difficult to comprehend unless they are very familiar with the accounting codes.  He explains that he has tried to condense it into a report that basically takes what their major cost setters are actually costing and their percentage of the budget.  He further explains that there a couple of areas in the budget that he would like to point out because there are two areas where at this point he sees potential shortfall: one in the areas of transportation and the other is the health insurance claims.  He states that he believes that they will overspend the transportation budget by $190,000 as of June 30, 2007 and he expects that they will overspend the health insurance claims through December 31st by $598,000.  He adds that those two items make up about a $700,000 short fall of a $277,000 shortfall.  Mr. Prignano points out what this report does not reflect as of December 31st, because they hadn’t been posted as of then and because they couldn’t do the calculations until sometime in January, is the grant charge backs for the fringe benefits.  He states that for the first 6 months of the year those charge backs will total $233,000 from people that are being paid by grants but their fringe benefits on a regular basis are charged to the general fund; they then charge them back to grants at the December 31st period and then again June 30th.  He concludes that, if they took the $233,000 and add it to the $277,000 shortfall, they would see that they have $44,000 shortfall at this point.       

 

OLD BUSINESS:

 

A.   RESOLUTIONS:

      

1.  R-06-123A Resolution Proposing the Abandonment of Maple Street in the Town of Cumberland, Rhode Island   

 

Thomas Hefner, the Town Solicitor, states that he received a letter from Attorney Michael Kelly’s office stating that the applicant had reconsidered the application before the Council request the abandonment and he is withdrawing, so he recommends that the Council accept the request with withdraw. 

 

Council President Higgins clarifies that this is not a continuance it is being withdrawn.  He states that in order for the matter to resurrect itself the petitioner would have to re-file the application with the Town Clerk. 

 

B.   ORDINANCES FOR PUBLIC HEARING:

 

1.   #06-29An Ordinance in Amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 4 in the Town of Cumberland ordains (from Commercial -1, C-1 to Commercial-2, C-2)    

 

Council President Higgins states that he received a letter from Attorney Scott Partington, who represents the petitioner, requesting a continuance due to the fact that the Project Engineer has notified him that the abutters list is not the most updated list.

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 7, 2007.  VOTE 7/0. 

 

 2.   #07-01An Ordinance Amending Sunday Sales to Holiday Sales (Presented by Council President Higgins on behalf of the Administration)

 

Councilor Morris explains that this was in the Ordinance Sub-Committee for review and they ran out of time at their meeting tonight to review this ordinance.  She suggests tabling the matter so that Mr. Hefner get to review the ordinance and advise them.

 

Mr. Hefner states that he had not reviewed it prior to the Sub-Committee meeting but he has since had the opportunity to review the ordinance.  He explains that this is an ordinance that he believes was drafted to bring our ordinances into compliance with Title 5 Chapter 23 of the Rhode Island General Laws.

 

Public Hearing opened at 8:05p.m.

 

Public Hearing closed at 8:06p.m.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 7/0. 

C.   COMMUNICATIONS:

 

1.   A Request from Brian Kelly to go before the Town Council to address the issue of Tax Synchronization Council President Higgins states that he received an email from Mr. Kelly explaining that he could not be present at tonight’s meeting so they will pass on this item.

 

NEW BUSINESS;

 

A.   CLAIM:

 

1.   Brigid Way of 67 Lilac Street, Cumberland, RI

 

FORWARDED TO THE SOLICITOR’S OFFICE

 

B.   APPOINTMENTS-

 

TOWN SERGEANT:

 

1.   Appointment of Ray Lane of 22 McGirr Street (Town Council’s Appointment)

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

INTERIM PUBLIC WORKS DIRECTOR:

 

1.                  Eugene Jeffers, P.E.

 

Mayor McKee explains that Mr. Jeffers could not be present tonight.  He further explains that this is the only position they have left to fill on a permanent basis.  He states that Mr. Jeffers has been a past employee of the Town and has a great deal of experience with Cumberland on the Water Department as well as the Public Works Department.  He concludes that Mr. Jeffers is retired so he can give the Town 75 full days based on his retirement but at this point in time they would have him on a full time basis until such time they can come back before the Council with a permanent recommendation.

 

Council President Higgins would like to state for the record that the Council was provided with a series of resumes and reference letters as appropriate for all of these applications. 

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

EXECUTIVE STAFF:  

 

1.   Animal Control Office                                 Paul Rose

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

2.   Assistant Animal Control Officer                 Sandra Phillips

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

3.   Building Official                                          Raymond Madden

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

4.   Assistant Inspector                                     John Runge

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

5.   Electrical Inspector                                     Ed Skwirz

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

6.   Finance Director                                         Thomas M. Bruce, III

 

MOTION BY COUNCILOR ACKERMAN AND LEMOIS, SECONDED BY COUNCILOR MORRIS  AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

7.   Deputy Finance Director                             Patricia Anderson

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

8.   Accounting Supervisor                                Christine Losea

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

9.   Chief of Police                                            John Desmarais

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

10. Confidential Secretary to Police Chief         Donna Lavallee

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

11. Superintendent of Public Works                  Michael Ethier

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

12. Superintendent of Water                             Christopher Collins

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

13. Recreation Director                                    Craig Letourneau

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

14. Senior Citizens Director                              Leon A. Drury, III

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

15. Deputy Tax Assessor                                  Richard Arpin

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

16. Town Clerk                                                Sandra Giovanelli

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

17. Deputy Town Clerk                                    Augusta Johnson

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

18. Town Solicitor                                            Thomas Hefner

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

19. Legal Assistant                                           Ruth S. Bascombe

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

20. Probate Judge                                            Alfred Thibodeau

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

21. Administration Assistant to Mayor               Barbara Goodrich

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

22. Executive Assistant to Mayor                      Harold Stallwood

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

23. Administrators of Telecommunications         Dennis Couture

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

24. Assistant to EMA Director                          Anthony Silva

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

25. Human Resources Director                         Kathleen Stoddart

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

26. Planning & Development Director               John Aubin, III

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND MUTTER AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

Mayor McKee publicly thanks the people that were on the transition team, involved in the selection process, and the work that they did and provided the community at no charge but with the simple interest of having and excellent staff on board from day one.  He also states that the staff that he has before the Council tonight, he believes is a staff with a great deal of potential and certainly one that is committed to work as hard as they possibly can for the Town of Cumberland to achieve that potential.  Mayor McKee concludes by stating that he looks forward to working with each and everyone of them.  Mayor McKee concludes by swearing in the Executive Staff. 

 

Council President Higgins congratulates everyone on the executive staff and states that he believes that this is a good blend of veterans and newcomers.  He welcomes the newcomers and states that he looks forward to working with them in moving the Town forward. 

C.   COMMUNICATIONS:   

 

1.  A request from Mayor McKee to discuss the Hydrogen Sulfide Odor Problem at Highland Corporate Park

 

Mayor McKee states that a month before he left office the first time, he became aware of sewer smells coming from the Highland Park and to neighborhoods that the pipe runs through.  He adds that two years later the problem is still there.  He explains that he spoke with David Carr, the Sewer Superintendent, who could not be here tonight but brought this situation to his attention.  He further states that this is a quality of life for the individuals impacted by this situation and it is also a economic issue in terms of the liability of the park.  He points that he believes that this situation raises to the level of emergency to get out immediately to do a quick study in order to come out with some options to correct the problem. 

 

Councilor Ackerman thanks the Mayor for grabbing hold of this issue and she would appreciate if the Administration would keep her informed of any progress that is being made with this matter.    

 

Council President Higgins states that Scott Gibbs from Highland Park has informed him that they are doing additional studies with a different firm. 

 

Adam Slesinger of 16 Grand Avenue states that when he arrived here today he was surprised to hear that a lot of people were not aware of the situation.  He reads a statement he prepared into the record explaining their subjection to a large and obnoxious smell.  He states that the rotten egg and sewage smell is both poisonous and destroying their property value caused by hydrogen sulfide gas emanating from the sewer system built for the Highland Corporate Park that also services a dozen of households including theirs.  He explains that hydrogen sulfide is considered a broad spectrum poison meaning that it can poison several different systems in the body although the nervous system is most affected.  He further explains that the short term affects of hydrogen sulfide include headaches, nausea, eye irritation and respiratory problems and his family is suffering from some of these symptoms now. 

 

Council President Higgins addresses Mr. Slesinger by stating that as the surviving member of the previous Council they were never informed of the problem.  He also states that he did not read the article in the Valley Breeze in December, so the first time he heard of this matter was by an email from him.  He affirms that this Board does care about his problem and it isn’t because of any bad publicity.  He assures Mr. Slesinger that they are going to work with the administration to make sure this gets resolved.         

 

2.   A request from Council President Higgins to follow up on the discussion regarding method to collected the uncollected impact fees and whether Attorney Mark Russo’s scope of work includes the collection of those fees

 

Council President Higgins explains that he placed this item on the agenda, as a result of a previous discussion in executive session, so they wouldn’t lose track of the issue.  He states that he spoke with the Mayor and the Solicitor earlier in the week and at this time they are not prepared to go forward on this discussion.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 21, 2007.  VOTE 7/0.

 

3.      A request from Council President Higgins to the Town Solicitor requesting information on what ordinances require annual reports to be submitted to the Town Council

 

Council President Higgins states that during the first couple of months of this Council’s term, the Council has not been receiving regular annual reports from all of the various boards, commissions and so forth that are required to do so by ordinance.  He explains that they are requesting assistance of the Solicitor’s Office to review the existing ordinances and provide the Council with a report. 

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 21, 2007.  VOTE 7/0.

 

D.   IMPACT FEE WAIVER HEARING:

 

 1.  A request from K. Joseph Shekarchi on behalf of Kevin Murphy for an Impact Fee Waiver under Section 36-177

 

K. Joseph Shekarchi representing Kevin Murphy and Mr. Murphy are present tonight pursuant to a letter he sent to the Town Clerk dated November 17th requesting a waiver to the impact fee.  He explains that there are three reasons they are requesting the waiver.  He states that he believe the ordinance as it is written is unconstitutional. He also states that his client is a distinct member of 39 people as generated by the former building official, who are in a distinct class that were never notified that they would have to pay this fee and that this ordinance as it has been enacted and applied to is unfair.  He further explains that there are people in that group of 39 that have applied for and received their Certificate of Occupancy and have not been charged the impact fee.  He states that there is a lot of conflicting information regarding this ordinance and has included copies of correspondences, minutes and newspaper articles in their packets supporting their findings. 

 

Council President Higgins explains that they hired Mr. Russo to provide advice to the previous Council because the administration had a different view of their statutory construction of an ordinance and what occurred upon the passage of that.  He further explains that Mr. Russo was hired as an independent counsel to advise the Council in general not to amend any ordinances or collect any fees.  He points out that Mr. DiLibero’s and Mr. Favreau’s opinions were not consented to or conceded by the previous Council so any records or statements they made  in the minutes have no weight as far as they are concerned.  He asks Mr. Shekarchi if the ordinance reads upon what occurrence are impact fees collected.     

 

Mr. Shekarchi states that page 3 of the ordinance reads, impact fees should be paid in full upon the application of the issuance of Certificate of Occupancy or other final action authorized by the attend use of the structure.  He also refers to the prior section in the ordinance that reads, impact fees shall be assessed upon the issuance of a building permit or other appropriate permission to proceed with development.  He explains that assessment to him means notice because how does a homeowner know he is going to be charged a fee if he is not told by the Building Inspector or given written notice.

 

Council President Higgins asks when the Building Permit was issue.

 

Mr. Shekarchi replies that it was in September in 2005 but the permit itself was submitted prior to that and completed.  

 

Councilor Morris states that Mr. Shekarchi said that it was identified in someway as complete does he have any documentation regarding that.

 

Mr. Shekarchi replies that he doesn’t have that because the builder is out of Town but the application was submitted and only based on the report generated by the Town. 

 

Councilor Morris agrees that there is a typographical error in the written and signed ordinance but it is clear by the minutes of the meeting so it was meant to be issued prior to May 14, 2005.  She states that in any event, even if you read it literally, you are only not subject to the ordinance if you were issued prior to May 14th.  She adds that this was issued after May 14, 2004, so although there is one character that has a typographical error your client’s application still falls within there parameters.                 

 

Mr. Shekarchi replies that he respectfully disagrees because they have an ordinance that is wrong.  He states if all it is a typographical error that they should correct it but instead their Building Official and Planning Director are giving conflicting and inconsistent information to the public.

 

Mr. Hefner states that he reviewed the situation and it appears that not only was the building permit not complete before the date in the ordinance, it was not issued until well after May 14, 2005.  He explains that there is a box in the Building Official office with 39 files.  He further explains, what if anything has been done on them in the last two years he has no knowledge but he can tell them what will happen; every one of those 39 files will be reviewed.  He adds that if all those files indicate that an impact fee is due, the impact fees will be collected.  He states that one way or another if this gets into court that is fine and he might on behalf of the Town file to seek a Declaratory Judgment to end this.  He concludes that as far as he is concerned this is an unfortunate situation but he is not surprised at what this gentleman may or may have not been told in the last several months.  He concludes that he is familiar with the criteria that was set by the Planning Department in 2004 and he believes that this ordinance is constitutional. 

 

Mayor McKee publicly apologizes to Mr. Murphy about receiving a letter from the previous administration stating that he was going to be criminally charged as a result of no payment of the impact fees and on behalf of this administration he would like to apologize and say that was not right.  He also states that they stand by the fact that the ordinance was done properly and it is not a surprise to him that the previous administration never recognized the growth management effort in this Town, but now it is put on them to make some kind of sense out of it and they are going to do their very best that they can.

 

Councilor Mutter asks Mr. Shekarchi if it is his belief that his client is excluded because his building permit application was submitted and completed before February 15, 2005 and issued prior to May 14, 2004.

 

Mr. Shekarchi replies that his client does not meet both those dates but no one would. 

 

Council President Higgins states that because an ordinance has a typographical error it does not render the entire ordinance null and void. 

 

Mr. Shekarchi replies that he respectfully disagrees and he sites a 1981 Supreme Court case, Montgomery vs. Bevilacqua, also disagrees.  

 

Anthony Nobrega, the former Councilor, clarifies the numbers as the Council looked at them a year ago while sitting on the Council.  He states that the record will show that the May 14, 2004 date was incorrect and it should have been May 14, 2005.  He also states that they were under the assumption that that was the only error in the ordinance, which is what they believed they also believed that the Building Official and Planning Director interpreted the ordinance incorrectly and that they didn’t understand the intent of the ordinance.  He explains that if they look at that ordinance with the May 2005 date instead of the May 2004 date, than they have three types of application and permits; the type that was prior to the 39 application in question, the type after the 39 in question and the type that consist of the 39.  He adds that, they believe anything prior to the 39 that those did not have to pay a fee and anything after the 39 did have to pay the fee.  He points out that the question they had with the 39 was multiple.  He concludes that the only different that did exist between those 39 and everything after it was that anything after when they sent in an application and received a permit they received a letter from the Town saying that when they got a Certificate of Occupancy you have to pay an impact fee. 

 

Councilor Kirkpatrick states that Mr. Murphy is one of his constituents.  He also states that he has provided the Council in their packets, with a copy of a letter that Mr. Murphy wrote him and he would like to go on record that this is an unfortunate incident where he would receive that type of letter from a Town Official and believes that was and is unacceptable.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO DENY THE WAIVER BY A ROLL CALL VOTE.  VOTE 7/0.                                   

 

E.   RESOLUTIONS:  

     

1.   R-07-35A Resolution Authorizing the Issuance of Tax Anticipation Notes

                       

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.                                   

 

2.   R-07-36A Resolution Authorizing the Issue of General Obligation Notes of the Town of Cumberland in Anticipation of Water User Charge Revenues

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.                                    

                                

3.    R-07-37A Resolution Awarding the Lonsdale Village Revitalization project to Lucena Bros., Inc. of Cumberland, Rhode Island in the amount of one hundred twenty-seven thousand, nine hundred dollars ($127,900)

 

Mayor McKee explains that this is a situation where the money was secured during his last administration and was bid out in the last administration, approximately 8 months ago.  He further explains that it is a time sensitive issue involving $175,000 to $180,000 appropriated by DOT for streetscape improvements and there are some concern that those monies could expire. 

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE SUBJECT TO RECEIVING THE DOT GRANT.  VOTE 7/0.  

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE AS AMENDED.  VOTE 7/0.                                   

 

F.   ORDINANCES FOR PRESENTATION:

 

 1.   #07-02 - An Ordinance Establishing the Salaries of the Executive Staff and Other Positions (Presented by Council President Higgins on behalf of the Administration)

 

REFERRED TO THE FINANCE SUB-COMMITTEE

 

 2.   #07-03An Ordinance Relating to the Mayor’s Office of Children and Learning (Presented by Council President Higgins on behalf of the Administration)

 

REFERRED TO THE ORDINANCE SUB-COMMITTEE

 

PUBLIC COMMENTS:

 

VOTE TO GO INTO EXECUTIVE SESSION TO DISCUSS ITEMS OF BUSINESS CITED IN R.I.G.L SECTION 42-46-5(a) (1)-(9):

 

A.   R.I.G.L. 42-46-5 (a) (2) – Pending Litigation

       1.   Redwood Realty II, LLC vs. Thomas Bruce III, et al – C.A. No. 06-5810     

       2.   Pending Claim for Personal Injury – Dennis Dailey

 

Councilor Morris and Town Solicitor recuse

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO GO INTO EXECUTIVE SESSION AT 9:34P.M. BY A ROLL CALL VOTE.  VOTE 7/0.  

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO SEAL THE MINUTES OF THE EXECUTIVE SESSION.  VOTE 7/0.  

                                 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN FROM EXECUTIVE SESSION AT 10:28P.M.  VOTE 7/0.  

      

ADJOURNMENT:

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN FROM EXECUTIVE SESSION AT 10:29P.M.  VOTE 7/0.  

                                                           

 

                                                               _____________________________________________

                                                                        Sandra M. Giovanelli, Town Clerk

 

**A VIDEOTAPE AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY**

 

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