| 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
APRIL 4, 2007
7:55P.M.
REGULAR MEETING
MEMBERS PRESENT:
Council President Higgins, Councilors Mutter, Morris, Albuquerque, Ackerman, Lemois and Kirkpatrick
Also present, Thomas E. Hefner, Town Solicitor, Daniel J. McKee, Mayor and Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS
Council President Higgins announces that tomorrow, April 5, 2007 at 6:00p.m. the Town Council will be holding a special meeting in the Council Chambers and there will also be a Finance Sub-Committee Joint workshop with the Playground Committee in the Council Chambers at 6:30p.m.
UNANIMOUS CONSENT ITEMS
A. Acceptance of Previous Minutes-Special Meeting of March 15, 2007, Regular Meeting of March 21, 2007 and Special Meeting of March 22, 2007
B. COMMUNICATIONS:
1. C-07-15 – A letter from the Town of Burrillville seeking support for a resolution that they adopted on February 28, 2007 relating to Opposition to Privatization of Food and Housekeeping Services
2. C-07-16 – A letter from the Town of Burillville seeking support for resolutions that they adopted on March 14, 2007 relating to Legislation amendments to §40-13.2-5 Criminal Records Check-Employee of Youth Serving Agency, amendments to §33-21.1-14.1-Property Held by Police Departments and Senate Bill 2007 – S 0060 An Act Relating to State Affairs and Government Elimination of MTBE as a Gasoline Additive
4. C-07-17 – A letter from the Town of Hopkinton seeking support for resolutions that they adopted on March 5, 2007 relating to Group Home Educational Funding and School Housing Project Costs
5. C-07-18 – A letter from the Town of Portsmouth seeking support for resolutions that they adopted on March 12, 2007 relating to School Housing Project Costs and Group Home Educational Funding
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND KIRKPATRICK IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSE:
A. VICTUALLING HOUSE TRANSFER:
1. An application for a Fourth Class Victualling House License from Octavio B. Fonseca of 132 White Flower, Irvine, CA and Joseph Mancebo of 95 Wilbur Road, Lincoln, RI for First Mill Ventures LLC, d/b/a Del’s of Cumberland located on 170 Mendon Road
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. An application for a Third Class Victualling House Transfer from Eddie Martin of Pepper’s Deli located at 417 Broad Street to Robert G. Paquette of 15A John Street, Attleboro, Massachusetts for Peppers Pizza
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. PEDDLER LICENSE:
1. An application for a Peddler License from Octavio B. Fonseca of 132 White Flower, Irvine, CA and Joseph Mancebo of 95 Wilbur Road, Lincoln, RI for First Mill Ventures LLC d/b/a Del’s of Cumberland located on 170 Mendon Road
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS:
A. ORDINANCES FOR PUBLIC HEARING:
1. #06-28 – An Ordinance Amending the Zoning Ordinance (tabled from March 21, 2007 for Status Review)
Councilor Morris states that the Ordinance Sub-Committee is meeting next Monday, April 9, 2007 to continue the discussion on sequential review beginning with Article 6 Supplementary Regulations. She also states that the next meetings are scheduled for Thursday April 12, 2007 where they will cover inclusionary zoning and merger and Thursday, April 26, 2007 to continue sequential review. She concludes that all the meetings will be held in the Council Chambers at 7:00p.m. and there will be no meeting during the week of April 16th.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND KIRKPATRICK TO TABLE TO APRIL 18, 2007. VOTE 7/0.
2. #07-06 – An Ordinance relating to the Town of Cumberland Pension System (tabled from March 7, 2007 and March 21, 2007)
Council President Higgins states that they need to schedule a workshop with just this item on the agenda because they need to finalize this matter.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 18, 2007. VOTE 7/0.
B. RESOLUTIONS:
1. R-07-44 – A Resolution to Approve a Memorandum of Agreement between the Town of Cumberland and Dennis Dailey regarding the issue of liability resulting of said ordinance (tabled from March 7, 2007 and March 21, 2007)
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 18, 2007. VOTE 7/0.
2. R-07-55 – A Resolution Awarding the Contract for the Reconditioning of the Elevator located at Cumberland High School to American Elevator, Inc. of North Attleboro, Massachusetts in an amount not to exceed $40,000 (tabled from March 7, 2007 and March 21, 2007)
Council President Higgins explains that the first time this resolution was before them there was a question whether this was a sole sourced provider or that it went out to bid and he believes that was answered at the last meeting, that this item was bid out.
Richard Hilton, School Department’s Director of Buildings and Grounds, states that what has happened here is that in the CHS2010 there were three elevators that were identified to be replaced at the high school and doing some value engineering with the selected contractor to carry forth with the School Departments repair and maintenance of elevators when it was learned that this one elevator could be rehabbed. He adds that in accordance with the contract, the committee asked if that work would fall under the School Department’s bid when they were informed by Tom Bruce that they could ride the School Department’s bid.
Council President Higgins clarifies that on an annual basis the School Committee awards a contract for maintenance, inspection and repair of the elevators and that contract was awarded by a bid process. He adds that if he understands correctly the School Department is now attempting to add on to that bid.
Mr. Hilton replies that the CHS2010 Committee or the Town are becoming a parting to that bid.
Council President Higgins asks the Town Solicitor if that is legal.
Mr. Hefner states that he is unsure why the CHS2010 Committee decided to do this because they can only use the money if it is part of CHS2010.
Thomas Bruce, the Finance Director, states that these are the specifications that the School Department has and the reconditioning of the elevators clearly falls under the annual specifications of the bid that pass the test of the bid laws. He also explains that it is appropriate to pay out from the CHS2010 bond money because it is in the scope going back to the original budget that the voters approved the bond for included the rehabilitation and/or replacement of the elevators to meet current ADA law and fire safety standards.
Councilor Lemois asks Mr. Hilton what was his budget for the elevator maintenance and repair for next year and will this affect that budget.
Mr. Hilton replies that he does not have that number with him but knows that it is no where near $40,000.
Councilor Morris states that it has been stated that they know now that this was not a sole source provider and it did go out to bid but the resolution does not read that way currently.
Mr. Hilton explains that there were two bidders, Thiessen and American Elevator with American Elevator was the lowest bidder. He adds that American Elevator’s bid for the project was $28,670 and Thiessen’s bid was for $43,255.
Councilor Morris asks why the resolution reads an amount not to exceed $40,000.
Council President Higgins states that the information they are getting is coming in bits and pieces of the contract. He adds that the contract originally bid and received by the School Department consisted of several components and that $28,000 relates to the maintenance contract.
Councilor Mutter asks Mr. Hilton if he has a comfort level that that bidder, which was basically a service contractor and it appears that most of the bid is material, that the same difference between those two vendors would be similar under this situation.
Mr. Hilton replies that the short answer would be yes but he needs to explain that the difference between American Elevator is that they are a vendor of elevator products. He gives the example of the Thiessen elevator in the Wellness Center and they are now a proprietary system so they can no longer go out for elevator maintenance because all of the maintenance to the Wellness Center has to be done by Thiessen or have to pay added cost for any other vendor that touches that elevator. He concludes that this will still allow them to publicly bid and get several vendors to bid for the future operation of the elevator.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-07-57 – A Resolution Awarding a Purchase Agreement to Central Nurseries, Inc. for the Purchase, Delivery and Installation of Playground Equipment and Playground improvements at the Monastery Playground, the BF Norton, Cumberland Hill, Community, Ashton, and Garvin Elementary Schools and the Fatima Preschool in an amount not to exceed $103,926.00 (tabled from March 21, 2007)
Councilor Mutter explains that the Finance Sub-Committee met last week on this resolution and the following resolution with the Parks and Recreation Director and members of the playground committee but not all were in attendance so they have scheduled a workshop for tomorrow evening at 6:30pm.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 18, 2007. VOTE 7/0.
4. R-07-58 – A Resolution Awarding a Purchase Agreement to Lucena Brothers, Inc. for the Installation of Playground Walking Path at the Ashton Elementary School in an amount not to exceed $14,595.00 (tabled from March 21, 2007)
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 18, 2007. VOTE 7/0.
NEW BUSINESS:
A. COMMUNICATIONS:
1. A request from Mayor McKee to discuss the status of the Hydrogen Sulfide Odor Problem at Highland Corporate Park
Mayor McKee states that this is a follow-up from the meeting in February that discussed an odor problem that was being caused by a sewer line that has been coming out of Highland Park. He adds that they have had meetings and have engaged a company to perform a report on the situation, which Mr. Jeffers, the Interim Public Works Director will give a short presentation.
Mr. Jeffers explains that the problem coming from Highland Park goes back to when the design was made when they naturally assumed the park would be fully built out and they assumed certain flows and designed pump for the park accordingly. He adds that the flows are not there to support the pumps so when they start up they pump at a high capacity and this causes turbulence in the line with a steep grade causing the hydrogenate sulfide to be emitted from the effluent. He points out that there are various ways to look at the problem such as taking pumps out and put in reduced pumps but the problem with that is if they get a heavy water user there they would have to put the pumps back. He states that another way is to take the flows coming from the park at a certain point where the gravity system begins and then bypass the Biltmore Avenue section and bring it down through Town roads and back around and then tie it into the sewer. He mentions that there are several recommendations that they can look into and they are starting to do that now. He reads into the record a memo that lists eight of the recommendations and the cost of each.
Adam Slesinger of 16 Grand Avenue thanks the Mayor for an open line of communication on this matter. He states that he keeps hearing reference to the cost and he asks them what the price is that they are willing to put on the health and safety of the residents. He adds that there shouldn’t be any worry about price; they should take the surest solution and implement it. He also states that it is discouraging to hear this referenced to just a bad odor and a nuisance and it is a lot more than that, it is a poisonous gas coming into their homes. Mr. Slesinger mentions that Scott Gibbs from Highland Park had another engineering firm do an assessment where they put together a report that included solutions of their own and he is asking if they are considering those solutions because he has not heard any reference to those solutions. He stresses that they need to aim for a long term solution and there were some solutions in that report that seem like they make sense. He requests that the report done by Gordon R. Archibald, Inc. is made available to him and the others that are affected. He emphasis that he wants to make sure that they do not sit on this and that they realize that they are still being affected by this right now. He concludes by stating that he is a little disheartened that the investigation on this matter was conducted without any input from them, the people who are directly affected by this situation with valuable information to add to the investigation.
Council President Higgins states that they do take this situation seriously and he will only favor a long term solution. He states that the Mayor has mentioned that he will be meeting with Scott Gibbs tomorrow and asks the Mayor if there is a time table for this matter.
Mayor McKee believes that they are looking at all the options to solve the problem and they do have to factor in the cost because if they can come up with a solution that will take care of the problem at a lower cost than another cost he believes they have an obligation to tax payers to do that research. He states that within 30 days they can come before the Council with a proposal solution. He also states that the report prepared by the engineer firm hired by Scott Gibbs has been reviewed by Gordon R. Archibald, Inc. and there have been some conversation on that.
Antiliano Estrella of 35 Eaton Street echoes the sentiments of Mr. Slesinger and states that he deals with the community a lot in his field of fire service where they do put a price on safety. He adds that reality is when people die or their health is affected that is when people take action and they shouldn’t wait to get to that point.
Pamela Swartz of 5 Vale Street states that a lot of the neighbors have been getting sick and it is a very concerning matter. She points out that this has been going on for several years and in that time there have been a lot of the women who have had breast cancer and have gotten lumpectomies and it is very sad. She stresses that this poisonous gas is eminently into their house and they fear that some of these health concerns could be related.
B. RESOLUTIONS:
1. R-07-63 – A Resolution Recognizing April 24, 2007 as Rhode Island Day of Remembrance of the Armenian Genocide
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-07-64 – A Resolution Authorizing an Increase to the Approved Amount for Professional Engineer of Records for the Cumberland Water Department with Woodard & Curran of Dedham Massachusetts from $496,688.00 TO $541,688.00
Christopher Collins, the Water Superintendent, states that when they did the design phase with Woodard & Curran for the upgrades to the treatment plant one of the things that they discussed was the implementation of the Supervisory Control and Data Acquisition Programming after all the instruments were purchased. He points out that it was their recommendation and he agreed that they would keep the Supervisory Control and Data Acquisition portion out of the bid process so that they could pick a contractor on his expertise in order to control the programming of it. He adds that they have a five year contract with Woodward & Curran who has provided them with a schedule of rates and he has included an estimation of hours that would be put into this effort. He concludes that this is also subject to the 55 percent reimbursement from the federal government.
Councilor Morris asks why this is an increase to a contract rather that separate issues.
Mr. Bruce explains that the answer to that goes back to the actual multi year relationship in this case it is water related professional engineering. He adds that the projects involving the improvements that are being done to the water system over time is best served and traditionally served by the same vendor. He states all the original bid historically was quite small and he thinks that is fine too. He states that it was anticipated at the time that this would be a new partnership and he believes that this is the first time that this water system has had a firm of this type. It has usually had a local sole practitioner where as Woodard & Curran is more regional and national with a lot more resources which he believes is what the water system needs.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-07-65 – A Resolution in Support of the Coalition of Communities Improving Rhode Island
Council President Higgins states for the record that they have received an amended version of this resolution this evening.
Mayor McKee explains that this is resolution regarding communities who share a problem relating to the state aid funding for education decreasing every year. He uses the example that in 1992 Cumberland was at 37.5 percent state aid to their budget and today they are at only 25.5. percent of state aide. He states that this coalition is a group of communities that have had a severe decrease in state aide that has put a tremendous burden on our local property tax payer. He also states that the purpose of this resolution is to make a direct contact to their representatives and senators through a resolution from the Town Councils that are involved in this coalition which today there are about 11 to 12 members representing about 450,000 people in the State. He mentions that it is difficult to move legislation through the General Assembly and it is difficult to get the attention of a body that is interested in doing the best for the State but historically their communities have not had a very strong voice in these matters. He adds that this will also speak to some issues such as reducing unfunded state mandates such as the fire codes as well as providing relief from State mandates that exceed federal mandates.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR AND UNANIMOUSLY VOTED TO AMEND BY ADDING TO PAGE 2, LINE 3 “F. THE COALITION IS ASKING OUR GENERAL ASSEMBLY MEMBERS TO INCREASE THE COMMUNITY’S SHARE OF THE REAL ESTATE CONVEYANCE TAX. THIS LOCAL REVENUE NEEDS TO STAY LOCAL TO PROVIDE EACH COMMUNITY’S TAXPAYERS WITH TAX RELIEF.” AND ALSO AMEND ON PAGE 2, SECTION 6, LINE 32 BY ADDING, “SPEAKER OF THE HOUSE WILLIAM J. MURPHY, PRESIDENT OF THE SENATE JOSEPH A. MONTALBANO, AND GOVERNOR DONALD L. CARCIERI”. VOTE 7/0.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
4. R-07-66 – A Resolution Awarding a Purchase Agreement to 146 Supply Center, Inc. for the Purchase of a John Deere Tractor/Mower for Maintenance at Tucker Field
Mayor McKee states that this is a lawn mower that they need to take care of Tucker Field and the funding is coming out of the Capital Improvement line where there are available funds.
Council President Higgins points out that the fiscal note refers to the Capital Account and if needed the Vehicle Reserve Account which he thinks is a stretch.
Councilor Mutter states that he will not be in favor of this resolution if any of the funds will be coming out of the Vehicle Reserve Account. He also asks why this wasn’t included in the budget amendment if it wasn’t budgeted for.
Mayor McKee replies that it wasn’t included in the budget amendment because he thought that they would purchase this July 1st and would be handled in the next budget but both the Recreation Director and the Highway Department have expressed that purchasing the mower in July would not help them take care of the fields in May. He adds that the Recreation Director knowing their need for this mower has offered to take the funds from the Recreation account but he is being told that there are funds in this years budget and that is their preference.
Councilor Mutter asks if there is another item from the Capital Improvement Account that has to be sacrificed to purchase this item that was not budgeted.
Mr. Bruce replies not that he is aware of.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH THE STIPULATION THAT THE FUNDING COMES OUT OF THE CAPITAL IMPROVEMENT ACCOUNT. VOTE 7/0.
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR MUTTER, SECONDED COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO ADJOUNR AT 9:31P.M. VOTE 7/0.
______________________________________
Sandra M. Giovanelli, Town Clerk