| 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
FEBRUARY 21, 2007
7:32P.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, Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS
Council President Higgins announcement that they would like to have a Financial Workshop to discuss the budget and audit procedure tentatively on Wednesday, February 28, 2007 at 7pm at the Library.
UNANIMOUS CONSENT ITEMS
A. Acceptance of Previous Minutes-Regular Meeting of February 7, 2007
B. DEPARTMENT REPORTS:
Parks and Recreation Department
C. COMMUNICATIONS:
1. C-07-07 – A letter from DEM regarding -Permit to Alter Freshwater Wetlands Application No. 04-0590 in reference to AP 17, Lot 175
2. C-07-08 – A letter from the Town of South Kingstown seeking support for two resolution that they adopted on February 12, 2007 the first one relating to requesting that the General Assembly amend RIGL 16-7-44 entitled “School Housing Project Costs”. The seconded Resolution they are seeking support is related to requesting the General Assembly to amend RIGL 16-64-1.1 governing the reimbursement for children in group homes as well as their endorsement of their School Committee’s resolution relative to a proposal to locate a State group home for developmentally disabled boys in South Kingstown
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND KIRKPATRICK AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES-EXTENDED HOURS:
A. 24 HOURS LICENSE – FOR PUBLIC HEARING:
1. An application from CVS Pharmacy, 1998 Mendon Road, Cumberland, Rhode Island to extend the hours of the operation to 24 hours
Public Hearing opened at 7:34p.m.
John Bolton of 50 Kennedy Plaza, Providence, attorney for the applicant, is present as well as Eric Johnson, Pharmacy Supervisor for CVS.
Mr. Bolton explains that the applicant, Cumberland Retailer Inc., is seeking an extended hours license for CVS Pharmacy located at 1998 Mendon Road. He introduces Eric Johnson with the intent of questioning him. He asks Mr. Johnson why at this time does the public convenience or necessity dictate that this CVS have an extended hours license.
Eric Johnson, the Pharmacy Supervisor for CVS, replies that they have received several customer requests that this extension be considered by CVS to meet the needs of the community. He explains that they looked at some of the other area 24 hour locations where they had about 6,000 Cumberland residents that utilize 24 hour CVS locations in neighboring communities. He states that this 24 hour operation would be operated by the CVS personnel and there would be a licensed pharmacist.
Councilor Morris asks over what the period of time did the 6,000 resident using other locations and for what time of the day.
Mr. Johnson replies that it was over a year and a half time period and they did not queue the time of day.
Councilor Mutter asks if the intention is to just have the pharmacy open for people to obtain their prescriptions and other over the counter medical needs.
Mr. Johnson replies that it is for the entire store from buying milk to speaking to a pharmacist.
Councilor Morris states that she is aware that the neighbors have many issue with lights around the building and if they are allowed to remain open all night those lights would have to be on all night causing a bigger problem for those residents.
Mr. Johnson replies that they would be willing to look at alternate lighting and make those changes if necessary.
Councilor Morris asks when the deliveries to the store are typically made.
Mr. Johnson replies that the hour of delivery has recently changed and now the deliveries come in between 6pm to 7pm to meet town ordinances.
Councilor Mutter asks if there is any data that demonstrates what people are actually buying during those hours because if they are only utilizing those hours for convenience purposes and not mostly for prescription and medical needs he doesn’t see a need to approve the extended hours.
Susan Rasmussen of 20 Peacedale Road, an abutter, reads a statement of opposition into the record. She states that she has lived in her home for 34 years and has had to endure intrusive issues from CVS such as lights on all night around the parameter trim of the building, late to middle of the night deliveries and dumpster pick up twice a week at 3:00a.m. She adds that they have concerns with safety issues despite of 15 miles per hour traffic signs and no thru traffic signs at both ends of the street they constantly deal with speeders and cut thru traffic using their street to avoid the light at Mendon and Albion Road. She also points out that if this license is granted they are concerned about what will happen to their property value. She concludes that the Town Council has set precedence in the past by deciding in favor of their neighborhood over encroachment by commercial effort and she asks their consideration in all of this as they reach their decision.
Judy Ammerman of 28 Peacedale Road, an abutter, provides the Council with a picture of CVS from her property line to demonstrate the proximity of her house to CVS and a picture of the back of CVS. She states that she personally has been a good customer of CVS since they have been this location however she can’t understand why they want this store to be open 24 hours. She adds that she has also had issues with the noise and lighting. She explains that they are a historic plat of house built in the early 1950s and it deserves to be preserved and protected by the Town. She too has a concern about what will happen to their property value with the existing problems CVS poses now, never mind if the store is open 24 hours, no one would want to buy their homes. She stresses that approving this license would open the door to the Brooks Pharmacy to want to be open 24 hours and so on. She concludes by stating that 30 years ago Mendon Road was absolutely beautiful and it has changed, not for the better, due to one seemingly small decision after another and she prays that they make the right decision.
Chief Desmarais states that he researched the complaints that came from that plaza dating back to 2005 and there were 19 in total with 3 directly associated to CVS. He adds that the complaints were for unloading a delivery once at 4:42am and the other at 1:42am and power washing the store at 11:12pm. He states that it appears that CVS was notified of the complaints and have changed the delivery hour to address those complaints.
Council President Higgins asks the Building Official, Ray Madden, if he has any position on this request.
Ray Madden, the Building Official, replies this is in a commercial 2 zone for general retail and everything is in compliance.
Councilor Morris reads into the record a letter from a Town resident, Michael Tusoni who is not an abutter but does live in the area in opposition of the 24 hour license.
Mr. Bolton states that much of the concerns that they heard tonight may be of the presence of CVS in general and not necessarily specific to the extended hours license. He adds that they were not aware of the concern of the lighting issue but are willing to address that issue. He explains that per the standards under the Town’s Code for an issuance of an extended hours license is if there is a demonstrated public convenience and he believes Mr. Johnson, the CVS representative, has shown that there is a public convenience for people in Town to obtain prescriptions and medical needs at all hours. He concludes that they do not expect heavy traffic to the store during there hours but it is convenient for the customer base and CVS does want to address the concerns of their customer which is why they would respectfully request that the Council grant this license.
Public Hearing closed at 8:05p.m.
Councilor Morris states that she appreciates CVS concerns for their customer needs but she feels granting this will set a precedence. She concludes by stating that due to the fact that they as a community have decided to be a residential community and there have been so many residents who have addressed concerns in opposition of this request she can’t support the granting of this license.
Councilor Ackerman states that she agrees with Councilor Morris. She has visited some of the CVS in other communities that are 24 hours and most tend to be located in a more commercial area. She believes they need to be more mindful of the resident concerns and needs and that is why she can’t support the passage of this license.
Councilor Mutter states that as everyone’s lives get busier, a persons home is the last place for refuge for peace and quiet because this is in a highly residential community. He concludes that if it there were a display of a need for medical supplies and things for that nature he could support this but for surely just convenience purpose he can not support this request.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO APPROVE. VOTE 0/7, MOTION FAILS.
FINANCE REPORT:
1. General Fund Report as of 1/31/07 for the current FY 2006-2007 period
Thomas Bruce, the Finance Director, states that the attached reports appear different due to major upgrade to their software and he explain that the last column of the report no longer represent percentage expended instead it represents percentage available. He points out that the tax revenues in January continue to mirror the past two years with a key statistic of 62.3 percent for the 2006 budgeted levy. He adds that the fourth quarter is due next week, which signals the five month process that he reports to the Council each month on of how much of this levy needs to be collected. He further adds that since the numbers are tracking the same it is very important for them to get out in front with their tax sale work because they are under a new statute this year where there is more process involved such as three certified mailing before tax sale but they are planning for August timeline. He explains that the motor vehicle delinquent letters from 2005 have been passed on to their attorney collection firm, Rossi in Smithfield who have already started corresponding with tax payers. Mr. Bruce states that the State Department of Education announced housing aid figures in December to all the School Department and they have received word that because they consider the Wellness Center complete in June with the petitioning of additional aid they will be receiving almost double of what they budgeted so instead of the anticipated $500,000 they will be anticipating $1 million. He states that the health insurance cost are still running favorable by about 5 points and last Friday they issued a RFP for period starting July 1st cooperatively with the School Department they have both Blue Cross and Untied Health.
OLD BUSINESS:
A. COMMUNICATIONS:
1. 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 (tabled from January 17, 2007)
Thomas Hefner, the Town Solicitor, states that there Building Official has provided the Council with a very extensive breakdown of all the permits that have been collected and which ones haven’t. He also states that he has looked at the infamous box of 39 files and determined that 34 of the 39 have paid. He explains that as far as he can determine there are four or five that have not paid including Mr. Murphy who was before the Council in the last month and since has instituted a suit because of the way it was worded therefore it was referred to the Trust and will be handled in Federal Court. He stresses that for anyone else who is not going to pay he will take them to court. He concludes that as far as Attorney Mark Russo’s engagement it is his understanding that he was hired to assist the Town Council in this particular area for whatever court cases came up but he didn’t read it as Mr. Russo being a collection attorney.
Council President Higgins asks that the Council continue to be updated on those collections.
2. A request from Council President Higgins to the Town Solicitor requesting information what ordinances require annual reports to be submitted to the Town Council (tabled from January 17, 2007)
Thomas Hefner, the Town Solicitor, states that they should have received a list of Board and Commissions that are responsible to submit to the Council and the Mayor meeting minutes and annual reports. He also adds that there is language in the Charter that states that all Boards and Commissions except the Board of Canvassers and School Committee are required to submit meeting minutes and annual reports.
Council President Higgins states that the general provisions needs to be cleaned up because there are boards that don’t exist and they need to have a determination that the boards and commissions are keeping minutes. He also adds that they have three or four boards on this list that they now hear from but the others they need to make sure they comply.
Councilor Lemois states that he is working on an ordinance now that will address many of these issues with the boards and commissions.
B. ORDINANCES FOR PUBLIC HEARING:
1. #06-28 – An Ordinance Amending the Zoning Ordinance (Presented by Council President Higgins on behalf of the Administration)
Councilor Morris explains that the Ordinance Sub-Committee met and have decided to meet every Monday night until they go through the ordinance in its entirety. She adds that Councilor Lemois will be submitting minutes of the meetings to the Clerk for the public review and will continue to do so. She states that they are requesting input from the public but ask that it be submitted in writing to any of the Committee members or the Town Clerk. Councilor Morris points out that they have scheduled meetings for February 26, 2007, March 12, 2007, and March 19, 2007. She also states that the zoning map that goes with the zoning ordinance, as required, may need some final revisions and they will probably have to re-advertise and give notice to some of the land owners that might be specifically affected.
Council President Higgins informs that John Aubin, the Planning Director was at the Ordinance Sub-Committee meeting and informed them that the zoning map has never been approved through the process as part of the ordinance.
Councilor Morris adds that for every zoning ordinance there has to be a map attached and that map that is proposed has not been finalized due to an intern that was working for the Town at which time the map might have been misplaced and needs to be found.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO TABLE TO MARCH 21, 2007. VOTE 7/0.
2. #07-02 – An Ordinance Establishing the Salaries of the Executive Staff and Other Positions (Presented by Council President Higgins on behalf of the Administration)
Public Hearing opened at 8:47p.m.
Councilor Mutter states that the Finance Sub-Committee met on this matter last Wednesday night. He explains that at the last meeting they had requested for a proposed budget amendment be presented that would reflect the executive salaries at a number equal to or less than the current budget including the new position. He informs that the Finance Director, Mr. Bruce did provide a report that demonstrates that the salaries are less than the budgeted amount. He adds that the second part of their request was that a personnel ordinance at least presented and that was also met by the Human Resource Director, Mrs. Stoddart, in a memo format to convert into ordinance format was provided by the Finance Director. He concludes that the Finance Sub-Committee is recommending passage of this ordinance.
Jim McLaughlin of 15 Garden Street states salaries have been under funded in past therefore can’t understand how anyone on the Executive Staff would get a 20 percent increase in salary. He states that he doesn’t believe that this is a fair and equitable and if they want to do something they should start with longevity, those who have been on the job and here longer than those who have been at the job less than six months.
Public Hearing closed at 8:49p.m.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
3. #07-04 – An Ordinance Amending the Ordinance Establishing Fair Share Development Impact Fees (Presented by Council President Higgins on behalf of the Administration)
Council President Higgins states that this ordinance is intended to correct the effective date of the original ordinance.
Public Hearing open at 8:50p.m.
Thomas Hefner, the Town Solicitor, states that this is something that should have been done two weeks after it was discovered that the date was incorrect in section two on the original ordinance. He adds that it corrects the dates from May 14, 2004 to the correct date of May 14, 2005 that was corroborated by viewing of the meeting tape and minutes. He concludes that the retro activity portion of this has been upheld as constitutional on many occasions in the State of Rhode Island.
Public Hearing closed at 8:51p.m.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
4. #07-05 – An Ordinance Establishing the Salary of the Director of Mayor’s Office of Children and Learning (Presented by Council President Higgins on behalf of the Administration)
Public Hearing opened at 8:52p.m.
Councilor Mutter states that the Finance Sub-Committee also met on this matter last Wednesday night. He explains that on the same guidelines as the executive salaries ordinance the Finance Sub-Committee is recommending passage.
Mark Dosdourian of 26 Alton Avenue questions what the fully loaded coast is going to be to the Town.
Mayor McKee replies that they aren’t going to be expending any dollars that aren’t currently in the budget. He explains that they are budgeting this position at $60,000 per year and in this current fiscal year it will only cost them $30,000 and the individual that they intend to appoint to this position does not need health benefits and they will be using current space and collaborate between departments for secretarial purposes. He concludes that the main cost in this budget is $30,000 to cover the salary of the Director.
Public Hearing closed at 8:54p.m.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
5. #07-06 – An Ordinance relating to the Town of Cumberland Pension System (Presented by Council President Higgins on behalf of the Administration)
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
C. APPOINTMENTS-
PLANNING BOARD:
1. Reappointment of Brandon S. Bell of 3676 Mendon Road
Term ending January 31, 2009
Councilor Morris states that they have received several letters of interest from very qualified individuals and she would like to have the Planning Director review them and provide the Council with his input. She adds that because they feel that this is a very important Board in Town and need to have qualified members on that Board.
Councilor Mutter recommends using the same process they followed for the Zoning Board appointments where they list all interested individual members on the agenda and the Council would nominate an individual.
Council President Higgins states that they will notify the individual parties that they will be having an open nomination process at the next meeting.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
D. RESOLUTIONS:
1. R-07-38 – A Resolution Approving the Purchase of 12-14-16 Mill Street, Cumberland, RI from Miquelina Neves
Councilor Mutter states that the Finance Sub-Committee met on this resolution and was provided with a report from Mr. Bruce on the funding mechanism that shows that there is adequate funding to purchase the property if the Council sees fit so they are forwarding back to the Council for vote.
Mayor McKee explains that the property in question boards the Town Hall where they actually share a driveway and the proximity of the property to Town Hall alone makes it a valuable purchase. He further explains that five years ago it was a property that the Town was very interested in purchasing but the family was not in condition to sell the property and for personal reasons they preferred to enter a long term lease agreement with the option to purchase, which at that time they negotiated a purchase price of $90,000. He adds that this particular agreement should have been executed as of January 31, 2007 but no provisions were made in the last budget and no notification given to the people we were leasing from that there was going to be any intention to trigger that option. Mayor McKee states that since that he has spoken to Mrs. Neves’ son who has given them the curiosity to close after that date. He informs that they had initially had discussed with the Historic Commission, who were interested in having a Town museum, offered them that location as a possible location. He points out that since that offer they have had a situation where they had no heat in the basement of Town Hall as well as some water due to weather conditions that lead to dampness and were forced to move the Planning Department to the second floor conference room. He states that they are now faced with some space issues that this building can address because they also need to move the Finance Department out of the basement. He concludes that they have provided the budget issues so that they know what they can expand the money to purchase this property and he urges the Council to approve this purchase.
Council President Higgins asks the Mayor if he has an appraisal of the property.
Mayor McKee replies that he does have an appraisal estimating the value of the property at $138,000.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE . VOTE 7/0.
2. 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
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
3. R-07-48 – A Resolution to Award the bid for GWB/Metal Studs for Part II of Phase III Renovations at Cumberland High School to H. Carr & Sons of Riverside, Rhode Island in an amount not to exceed $683,904
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
NEW BUSINESS:
A. APPOINTMENTS-
BOARD OF CANVASSERS (Council Appointment):
1. Reappointment of Patricia Alger of 200 Heroux Boulevard
Term ending March, 2013
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PLUMBING AND MECHANICAL INSPECTOR:
1. Larry Giorgi of 4 Sherwood Avenue, North Providence
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. RESOLUTIONS:
1. R-07-49 – A Resolution to Authorize Mayor Daniel J. McKee to enter into a three year contract with Delta Dental of Rhode Island for Employee Dental Insurance Coverage
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-07-50 – A Resolution Authorizing an increase to the approved amount to the existing contract with Commercial Electric of East Providence, Rhode Island in an amount not to exceed $17,748 for Electrical Services for the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
3. R-07-51 – A Resolution Decreasing the Bid Award for Roofing for Part II of Phase III Renovations at Cumberland High School for Eagle Cornice of Cranston, Rhode Island in the amount of $30,600 and increasing the contract amount for Dimeo Construction of Providence, Rhode Island in the amount of $30,600
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
4. R-07-52 – A Resolution Authorizing an Increase to the Approved amount of the existing contract with Dimeo Construction for Services related to the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School for the Additional costs not to exceed $50,796.25
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO TABLE TO MARCH 7, 2007. VOTE 7/0.
C. ORDINANCES FOR PRESENTATION:
1. #07-07 – An Ordinance Authorizing a “No Parking” Zone on Chestnut Grove Street (President by Council President Higgins on behalf of the Administration)
2. #07-08 – An Ordinance to Reopen and Amend the Existing Budget (President by Council President Higgins on behalf of the Administration)
Referred to the Finance Sub-Committee
PUBLIC COMMENTS:
Councilor Mutter acknowledges the Town Solicitor for an article that he read on Sunday where he won a skiing title.
ADJOURNMENT:
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO ADJOURN AT 9:41M. VOTE 7/0.
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Sandra M. Giovanelli, Town Clerk