MINUTES FOR THE REGULAR MEETING

OF THE CUMBERLAND TOWN COUNCIL

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

CUMBERLAND TOWN HALL, SECOND FLOOR

APRIL 18, 2007

                                     

7:32P.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 Mayor McKee will be presenting some citations this evening. 

 

Mayor McKee states that he would like to make two different presentations.  He explains that the first is to recognize the accomplishments of a young man in the hockey program for the recognition he received as a student at Cumberland High School.  He further explains that the second is a community service recognition to STOP, group and a particular couple from Town that have stopped a trash facility from coming into our community.  He presents Jon A. Pora, a Cumberland High School Junior with a citation for receiving the Hobbie Baker Award for excellent sportsmanship and character.  He then presents Walter and Renee Ducharme with a citation for their involvement as the point person to prevent having a trash facility in our community.  He states that he is not sure that they would have not caught it as a community if it weren’t for the Ducharmes actions. 

 

UNANIMOUS CONSENT ITEMS:

 

A.   Acceptance of Previous Minutes-Regular Meeting of April 4, 2007, Special Meeting of April 5, 2007 and Special Meeting of April 12, 2007

 

B.     DEPARTMENT REPORTS:

 

Building Official

Animal Control

Parks and Recreation Department

Police Department

Tax Assessor

Rescue Department

 

C.   COMMUNICATIONS:

 

 1.   C-07-15 –A letter from the Town of East Greenwich seeking support for resolutions that they adopted on March 12, 2007 relating to School Housing Project Costs and Group Home Educational Funding 

 

 2.   C-07-16 – A letter from the Town of Westerly seeking support for resolutions they was adopted on April 9, 2007 requesting the Governor and the General Assembly to support Senate Bill 2007-S0545, An Act Relating to Public Utilities-Excavation Near Underground Utility Facilities-Costs

 

 3.   C-07-17- Third Quarter Growth TEAM Activity Report for Central Rhode Island Development Corporation (CRIDCO) in Cumberland

 

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

 

LICENSES:

 

A.   VICTUALLING HOUSE LICENSE TRANSFER:

 

 1.   An Application for a Second Class Victualling House for Cumberland Creamery located at 3400 Mendon Road Unit C from Steven J Pereira of 9 Ballou Street, Cumberland, Rhode Island   

 

Council President Higgins states that they have received a letter from the Building Official indicating that before this license can be granted the applicant must obtain a special use permit from the Zoning Board.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO TABLE TO MAY 2, 2007.  VOTE 7/0.

 

FINANCE REPORT:

 

1.   General Fund Report as of 3/31/07 for the current FY 2006-2007 period

 

Tom Bruce, the Finance Director, announces that the Town has collected and recorded 90.70 percent or approximately $22.8 million of last May's tax bill that is in their current year budget. He states that the tax account receivable for that levy stands at $2.5 million and they have mailed approximately 2,000 delinquent real estate tax letters in the series of two. He explains that further significant collections have been achieved by these mailings and delinquent real property taxpayers with receive letters two collection letters along with another two letters from the Town prior to an August planned tax sale. He adds that a strong first quarter 2006 collection rate of 44 percent contributed to their modest operating surplus, however, it depleted their 2006 tax receivables to a level lower than their pre established budgeting revenues. He states that the expenses are generally within budget and significant to the projections for year end that they are basing the levy on is that health insurance costs are running with about 32.6 percent remaining. He points out that he included a report that shows an improvement in terms of staffing by increasing the Rescue personnel by two so in the last two pay periods the overtime cost as a result has decreased from approximately $14 thousand to $16 thousand to what they have now sustained in the $10 range and they do expect additional improvements with additional staff.

 

2.   School Department Financial Report

                  

Alex Prignano, the School Department’s Business Manager, states that he is going to try to highlight some of the positive and negative variables that he believes the Council should be aware of. He starts with the revenue page of the report that shows a shortfall of $40,000 for Medicaid and the next four or five items from the $10,000 negative balance from section 125 co-pays down to the $11,265 for the retiring life insurance are all of their co pays and cobra payments that they received from employees and retired employees. He explains that if they combine that group of items he thinks they would have a $50,000 positive variance in that area. He points out that interest income is something that with the help of the Town's Finance Director to allow them to combine their accounts in Bank of America's analysis of their accounts with the Town's and they have received a preferred customer rating on their accounts that has generated thousands of dollars in interest where before their interest was in the hundreds. He states that the report shows a reimbursement of $71,330 in their food service account were for dishwasher they purchased last year that they purchased out of the School's General Fund operating budget because the food service account at the time didn't have the money and he has since reimburse the general fund.

 

OLD BUSINESS:

 

A.   ORDINANCES FOR PUBLIC HEARING:

 

 1.  #06-28 – An Ordinance Amending the Zoning Ordinance (Tabled from April 4, 2007 for a Status Review)

 

Councilor Morris announces that they have scheduled an additional meeting on May 10, 2007 at 7:00pm in the Council Chambers.  She adds that on April 26, 2007 at 7:00pm they will be meeting at the Library to discuss Article 9 and then continue sequential review beginning with Article 6, and they will then determine what article they will start with after that meeting.  She also states that the Planning Director has located most of the maps that they were looking for and they are hoping to get them on the website soon.  

 

 2.  #07-06 – An Ordinance relating to the Town of Cumberland Pension System (tabled from March 7, 2007, March 21, 2007 and April 4, 2007)

 

Council President Higgins states that this afternoon there was some new developments and they should have all received a memo at their desk that they should review but at this point it seems that they are not ready to proceed on this ordinance. 

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 2, 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 April 4, 2007)

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 2, 2007.  VOTE 7/0.

 

 2.  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 April 4, 2007)

 

Councilor Mutter explains that the Finance Sub-Committee met this Monday on this matter and have had various discussions as to the intent of this resolution as an equity issue.

 

Mayor McKee states that the Administration would like to withdraw the resolution  

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO ACCPET THE WITHDRAWAL.  VOTE 7/0.

 

 3.  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 April 4, 2007)

 

Councilor Mutter explains that the Finance Sub-Committee met this Monday on this matter and is forwarding recommendation to the Council to approve this resolution.

 

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

 

 4.   R-07-69 – A Resolution to Award the bid for Fire Protection for Part III of Phase III Renovations at Cumberland High School to Simplex Grinnell of East Providence, Rhode Island in an amount not to exceed $909,299 (tabled from April 12, 2007)

 

Councilor Mutter explains that the Finance Sub-Committee met this Monday on this matter and there was some discussion with Mr. Morris from Dimeo.  He states that they know the Mayor has been working to seek some relief on some of the new fire codes so the Committee did recommend passage of this resolution with the stipulation that if the Mayor is successful and there would be some relief that there would be a change order that would lower the amount.

 

Council President Higgins asks Mr. Morris when they expect to start the work.

 

Mr. Morris states that they expect to start the work in the beginning of May.

 

Council President Higgins recommends to Mr. Morris that this work be held off as long as possible without delaying the project so that the General Assembly lets them know what is going on with this law.

 

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

 

 5.   R-07-73 – A Resolution Authorizing Tax Assessment Levy Fiscal Year 2006-2007 (tabled from April 12, 2007)

 

Councilor Mutter explains that the Finance Sub-Committee met on this matter Monday evening and are forwarding the Council for a vote and all requirements by ordinance are included.

 

Mr. Bruce explains that the adjustments and corrections that have been made since Monday are based on evaluation data from the Tax Assessor and change of projections in expenses and revenues that are the backup to the worksheet.  He further explains that this evening handout for the resolution changes the range of levy so he has offered tonight on R-07-73 that they will see a range is $47,700,000 to $49,700,000 and the levy on the worksheet is right in the middle of the $2 million window.    

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND R-07-73 BY REMOVING FROM LINES 13 AND 14 THE WORDS, “FORTY NINE MILLION, ONE HUNDRED THOUSAND DOLLARS ($49,300,000)” AND INSERT IN ITS PLACE, “FORTY SEVEN MILLION, SEVEN HUNDRED THOUSAND DOLLARS ($47,700,000).  ALSO STRIKING FROM LINES 15 AND 16 THE WORDS, “FIFTY ONE MILLION, ONE HUNDRED THOUSAND DOLLARS ($51,300,000) AND INSERTING IN ITS PLACE, “FORTY NINE MILLION, SEVEN HUNDRED THOUSAND DOLLARS ($49,700,000).  VOTE 7/0.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE.  VOTE 7/0.

 

NEW BUSINESS:

 

A.   COMMUNICATIONS:

 

1.   A Request from Police Chief John Desmarais to go before the Council to present the Department’s 2006 Annual Report

 

Council President Higgins states that the Chief has asked that they table this matter for two weeks because of a schedule conflict.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 2, 2007.  VOTE 7/0.

 

 

B.   CLAIM: 

 

 1. Brian Smith and Linda Rosasco of 49 Rosemere Road, Cumberland

 

REFERRED TO THE FINANCE SUB-COMMITTEE

 

C.   ORDINANCES FOR PRESENTATION:

 

 1.   #07-11 – An Ordinance Authorizing a “No Parking” Zone on Legion Avenue (President by  

                Council President Higgins on behalf of the Administration)

 

FORWARDED TO MAY 2, 2007 FOR A PUBLIC HEARING

 

 2.   #07-12 – An Ordinance Relating to the Senior Citizen Tax Deferment Program (Presented by Council President Higgins on behalf of the Administration)    

 

REFERRED TO THE ORDINANCE SUB-COMMITTEE

 

D.   RESOLUTIONS:

 

1.   R-07-74 – A Resolution to Award the bid for Demolition for Part III of Phase III Renovations at   Cumberland High School to A.A. Asbestos Company, Inc. of Johnston, Rhode Island in an amount not to exceed $378,052

 

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

 

2.   R-07-75 – A Resolution to Award the bid for Finish Carpentry for Part III of Phase III Renovations at Cumberland High School to Iaccarino & Son, Inc. of Boylston, Massachusetts in an amount not to exceed $329,200

 

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

 

3.   R-07-76 – A Resolution to Award the bid for Rough Carpentry for Part III of Phase III Renovations at Cumberland High School to Essex Newbury North Contracting Corporation of Newburyport, Massachusetts in an amount not to exceed $773,320

 

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

 

4.   R-07-77 – A Resolution to Award the bid for Roofing/Sheet Metal for Part III of Phase III Renovations at Cumberland High School to Eagle Cornice of Cranston, Rhode Island in an amount not to exceed $85,270

 

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

 

5.   R-07-78 – A Resolution to Award the bid for Aluminum Entrances and Polymer for Part III of Phase III Renovations at Cumberland High School to Advantage Glass Company of Cranston, Rhode Island in an amount not to exceed $287,950 

 

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

 

6.   R-07-79 – A Resolution to Award the bid for Metal/Composite Panels for Part III of Phase III Renovations at Cumberland High School to Advantage Glass Company of Cranston, Rhode Island in an amount not to exceed $36,215

 

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

 

7.   R-07-80 – A Resolution to Award the bid for Masonry for Part III of Phase III Renovations at Cumberland High School to Spino Brothers, Inc. of Smithfield, Rhode Island in an amount not to exceed $274,256

 

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

 

8.   R-07-81 – A Resolution to Award the bid for Doors, Frames and Hardware for Part III of Phase III Renovations at Cumberland High School to Columbus Door Company of Warwick, Rhode Island in an amount not to exceed $454,600

 

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

 

9.   R-07-82 – A Resolution to Award the bid for GWB/Metal Studs, Firestopping for Part III of Phase III Renovations at Cumberland High School to Cape Cod Plastering of New Bedford, Massachusetts in an amount not to exceed $514,505

 

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

 

10. R-07-83 – A Resolution to Award the bid for Acoustical Ceilings for Part III of Phase III Renovations at Cumberland High School to Dillon Acoustical Ceiling, Inc. of Smithfield, Rhode Island in an amount not to exceed $457,548

 

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

 

11. R-07-84 – A Resolution to Award the bid for Flooring for Part III of Phase III Renovations at Cumberland High School to Ruggieri Brothers, Inc. of Cranston, Rhode Island in an amount not to exceed $475,949

 

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

 

12. R-07-85 – A Resolution to Award the bid for Toilet Accessories for Part III of Phase III Renovations at Cumberland High School to Pyrobain, Inc. of Needham, Massachusetts in an amount not to exceed $18,335

 

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

 

13. R-07-86 – A Resolution to Award the bid for Plumbing for Part III of Phase III Renovations at Cumberland High School to GEM Mechanical Services of Lincoln, Rhode Island in an amount not to exceed $362,900

 

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

 

14. R-07-87 – A Resolution to Award the bid for Appliances for Part III of Phase III Renovations at Cumberland High School to G.E. Consumer and Industrial of Hanover, Maryland in an amount not to exceed $1,178

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 2, 2007.  VOTE 7/0.

 

15. R-07-88 – A Resolution to Award the bid for Window Treatments for Part III of Phase III Renovations at Cumberland High School to D.M. Lonergan Paint and Wallpaper of Warwick, Rhode Island in an amount not to exceed $55,615

 

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

 

16. R-07-89 – A Resolution to Award the bid for Painting for Part III of Phase III Renovations at Cumberland High School to W.F. Shea and Company of Warwick, Rhode Island in an amount not to exceed $209,230

 

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

 

17. R-07-90 – A Resolution to Award the bid for Technology for Part III of Phase III Renovations at Cumberland High School to American Tele-Connect Services of Cranston, Rhode Island in an amount not to exceed $546,750

 

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

 

PUBLIC COMMENTS:  

 

ADJOURNMENT:

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO ADJOURN AT 8:55P.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**