| 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 3, 2007
7:32P.M.
REGULAR MEETING
MEMBERS PRESENT:
Council President Higgins, Councilors Mutter, Morris, Kirkpatrick, Albuquerque, Ackerman and Lemois
Also present, Becki Abilheira, Town Solicitor and Sandra M. Giovanelli, Deputy Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS
Council President Higgins announces that there will be a joint meeting of the School Committee and Town Council on Wednesday, January 10, 2007 at 7:00p.m. at the Library Conference Room 1 that can be accessed through the old entrance of the library on the rear left hand side. He also acknowledges the passing of President Ford and asked for a moment of silence to honor his passing.
Councilor Lemois announces that the Cumberland High School Boys and Girls Lacrosse team, which is self funded at this point, has a major fundraising program going on by managing a concession stand at Gillette Stadium. He asks that anyone who is interested, in missing the game and would like to help work the concession stand to support them could contact him.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Previous Minutes- Regular Meeting of December 20, 2006
B. ANNUAL REPORTS:
COMMUNICATIONS:
1. C-07-01 – A letter from DEM regarding an Insignificant Alteration Permit, Application No. 06-0162 from North Branch Co., LLC, Edward & Winifred Hicks c/o Garafalo & Associates, Inc.for Assessor’s Plat 24, Lots 84 and 96
2. C-07-02 – A letter from DEM regarding an Insignificant Alteration Permit, Application No. 06-0266 from Pawtucket Water Supply Board c/o James L. DeCelles, Act. Chief Engineer for Assessor’s Plat 69, Lot 2
Council President Higgins points out that a correction needs to be made to page 4 under the appointments of the alternates for the Zoning Board by striking out Mr. McGrath’s name who had been appointed in the previous item on the agenda.
Councilor Morris states that while reviewing the Naming Buildings ordinance she noticed that particular committees are required to provide the Council with an annual report, and asks if there are any other boards and committees that are required to submit an annual report.
Becki Abilheira, the Town Solicitor, states that some ordinances themselves provide that the board should be submitting annual reports.
Council President Higgins suggests putting the issue of annual reports on the next agenda so that the upcoming Solicitor can address that issue.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. OLD BUSINESS:
A. RESOLUTIONS:
1. R-06-110 – A Resolution Award the Contract for the Cumberland High School Computers and Software to Dell Computers of Pittsburg, Pennsylvania in an Amount not to exceed $107,026 as recommended by the CHS2010 Building Committee
Thomas Bruce, the Finance Director, states that the Building Committee, as recent as this week, has discussed this purchase as well as the entire technology portion of the CHS2010 $30 million dollar bond. He adds that there particular purchase are for 120 units, the desk top systems are purchased and quoted with a very competitive price under the State of Rhode Island Master Purchase Agreement. He explains that the Building Committee recently discussed that is was important that they need to ask the Council to understand the fact that when this resolution was originally submitted in October it was not understood well that in many cases bond proceeds to fund fixtures and furniture including computer equipment. He further explains that when the School District is historically going through the first time ever automation of all the Schools and all the classrooms and in regards to that the particular budget itself that has been managed by the Building Committee and the Construction Manager, Dimeo Construction, each budget has carried this sub-category where as now this number has been revised to over $1 million. He states that they can expect more purchases coming to the Council, preferably next time one large purchase instead.
Alex Prognano, the School Departments Business Manager, comments as did Mr. Bruce that the appropriateness of including these types’ expenditures, especially when they are first time expenditures and fitting a new school or renovations of a school is definitely appropriate of his career. He adds that Mr. Bruce had stated that some other than the previous members of the Council had some concerns; the fact that this was 20 years money and computers might have a useful life of three to five years. He states that there are ways to structure that debt service, if you wanted to accelerate payments on that $1 million dollars for those computers over a five year period on the front end of the bond so you wouldn’t be paying interest on computers that wouldn’t be around in 15 to 20 years. He points out that there are a host of other things than can be recommended to the Council but there really isn’t any money in the budget for these computers and if it is in that bond money they really need to purchase them from there.
Donna Morelle, the School Superintendent, explains that she would like to explain to them their budget planning because she doesn’t want them to think that they weren’t planning at all for technology purposes. She further explains that when the bond was passed in September 2005 the 15 major items, two of them referenced technology and one of them district-wide technology infrastructure and the second one was the fixtures and furniture equipment that was going to be air marked just for the High School. She further explains that when they did their budget planning last year the technology budget for the School Department had been air marked for only elementary and middle school technology, because they were relying on the fact that the CHS2010 project focused on the High School funds it that was going to be able to cover the massive acquisition to bring the High School up to speed and support the technology curriculum. She points out that if that didn’t work out they were going to be in a very dire situation not only because the original plan, they made last year was modified and they had to go back and cut the close $2.6 million after the reconciliation of the budget so the original technology plan, that they had in place to purchase elementary and middle school computers were cut back so what they have in place to start that purchase but they did not plan at all for the High School computers.
Mr. Prognano states, that he understood, that there was some question as to whether they should lease these computers directly from Dell, what the cost would be, and the principle amount of the computers were $102,000 and to be repaid over three years would cost another $36,000 in interest. He adds that before they would buy through Dell he would recommend that the Council look at doing a master lease and go out for tax exempt financing and they could do the same purchase for five years and save $22,000 of that $36,000 interest cost at going out at 4.6 percent rather than the 12 percent that Dell would charge.
Mr. Bruce explains that just prior to deployment of the Building Committee for Phase III they have in they have a grand total for the entire project of $28 million dollar total but at the time the School Department was having a new preliminary system study with Mr. Barrette, the network director for the School Department, and they engaged the services of a firm to do a survey and what was mapped out right after the September referendum was what it would take to connect all the schools and do a district wide centrally managed from the High School Administration Offices. He adds that the question on the referendum, the only item that applied to all the schools and not just the high school was the infrastructure for data processing. He continues to explain that at the time of the bond the firm Advance, who is doing all the infrastructure work within the entire district, that amount of expense was brought into that amount of the $28 million because the Building Committee knew it had that leeway of an additional $2 million dollars and they needed to fit this in within the total project.
Council President Higgins asks where these computers are going for the purchase of $107,026.
Dr. Morelle explains that at this point they would be dispersed to classrooms at the High School to initiate the electronic digital portfolio system to support the graduation by proficiency system at Cumberland High School and the delay since the fall has caused them delay in implementation of the regulatory requirement that they have had to put in place to try meet State mandates. She concludes that she needs to walk away today with some understanding to whether or not they can access the furniture, fixtures and equipment in the bond for this purpose.
Council President Higgins asks Mr. Bruce what the total interest would be on the $107,026 if they bonded it versus leasing.
Mr. Bruce replies that there favorable lease option was obtained by First Southwest Company today by Mr. Prignano who has that information but as far as the bond interest they are expected to issue this bond in May of 2008. He explains that for planning purposes there are very conservative figures of 6 percent but it is probably going to end up possibly right under 5 percent and if it were today it would be about 4.75 percent.
Mr. Prignano states that the interest on the leasing depends on what option they would take, but if they wanted 5 years they could get a true interest cost of 4.62 percent.
Councilor Mutter asks if Phase III is running on budget, over budget or under budget because if they are running over budget and if there are other ways to fund an item like this one for hardware another way it would make the deficit less sitting in that bond currently.
Mr. Bruce states that the Building Committee received this week received their usually monthly budget update from Dimeo and there bottom line is $371,180 in terms of projected over expenditure but he need to stress that this budget has and will continue to be a very flawed process. He explains that they have bids coming to them tonight for $11.5 million, however, certain parts of the bid and certain contracts will be negotiated favorably and downward such as how to omit a particular construction item or how to do something differently. He concludes that the $371,180 earlier was reported at an excess of a $1 million.
Councilor Mutter states that he doesn’t want to approve and find out that the project is over budget before the Town Council comes to a resolution to ask for another bond referendum, or some other source of funding or some kind of recommendation to cut the project that will have an option. He adds that it is important to him and if there is a way that he can get the cost estimate to this project under budget and get them funded he does not see why they would be against that and that was the intent of his question.
Mr. Bruce states that in keeping with the original plan that was provided to the community and the voters passed the referendum in 2005 where it did provide the computers. He points out that it is his belief that this Town has a history of adhering to the original intent of the referendums. He also points out that in terms of the previous contracts that have been approved by the previous Town Council especially the Advanced Corporation for almost $500,000, that the works is on going at the moment and they are going through every school including the High School and putting in all the structure for the end user. So he concludes that this is already in play and not to use the bond money and to have these connections in the wall with no desk tops to be used in the current academic year that they should consider approving this item.
Paul DiModica, a member of the Building Committee, to answer Councilor Mutter questions regarding the project at the High School they have met their goals and have saved some money as well to the tune of a couple of million dollars of the bond. He points out that some things have come up that are beyond the control of the Building Committee and the Town in regards to the project such as the fact that they have to put sprinklers in the building. He explains that during the inspection by the State Fire Marshall they found sprinkler heads that weren’t true sprinkler heads and what would happen if there was a fire they would trip a wire inside the sprinkler head and set off the alarm. He adds that the Police Department and Fire Department has informed them that they wanted to have a new access road put on the side of the building, it was something they discussed but it wasn’t in the plans for the budget but they have found the savings to put that in the budget. He also adds that the finally thing is that they have the obligation from Phase II, $1.1 that the previous Town Council had negotiated for settlement in moving the window wall out of Phase II into Phase III. He concludes that all those cost have been absorbed into the Phase III project and even while absorbing those cost they are still only at $371,180 and they still have a list of things that DiMeo needs to bring to the board to cut costs, but not skimp, but he thinks they are going to come in under cost.
Steve Driscoll, the Principal of the High School, provided a more detailed explanation of where these computers will go and how delaying the accessibility of these computers to the kids will affect the results of the graduating proficiency program. He concludes that he recommend passage of this so that they can move forward because they are ready and they will be utilized immediately.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-06-112 – A Resolution to Award the Contract for Installation of Computers and Software at Cumberland High School to Ten Corp of Kittery, Maine in an amount not to exceed $4,200 as recommended by the CHS2010 Building Committee
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-06-123 – A Resolution Proposing the Abandonment of Maple Street in the Town of Cumberland, Rhode Island
Councilor Mutter rescues himself from the discussion.
Attorney John Mancini, representation for petitioner, Perkins Horseshoe Works Inc., which is petitioning the Council road abandonment of Maple Street. He explains that Maple Street is an unimproved paper road and they are seeking abandonment of it. He adds that it consists of 15,491 square feet and the abandonment would mean that a portion of the property, approximately 7700 square feet, would revert to Perkins Horseshoe Works Inc., which abuts the property and the other side of the road would revert to the other abutter Mr. Joseph Amaral, who is all in support of this request. He states that this petition has been submitted to the Planning Board and they have made a positive finding. He points out that they have suggested that the road is of no use to the Town and the abandonment of it would not in any way impair access to any other property, as the sole properties that abut it would receive those portions of the road to be abandoned. He mentions that the only issue with this road abandonment is that there is a drainage pipe that runs through the road that was actually placed in the road by a petition of the applicant who requested that the drainage pipe be there. Mr. Mancini proposes that they not remove the drainage pipe but to allow for its continuous existence by way of an access easement granted by the petition to the Town for any work that is needed for that drainage. He also states that they would be willing to clearly state in that easement that the work and maintenance of that drainage easement would be the requirement of the applicant and the applicant would agree to indemnify the Town in any event that there would be any issue with that portion of that drainage pipe in that road. He concludes that the purpose of the petition is not to build on this road but to allow the applicant to re-configure its property where they currently conduct their business.
Council President Higgins asks the Planning Director to clarify if the Planning Board was referring to the last where as clause in the resolution and what was their reason because they are stating they are not going to use it to further their business.
Merrick Cook, the Planning Director, states that he believes what the Planning Board was looking at is them not furthering the business to gain any monetary value but to give the lot a more reasonable configuration.
Council President Higgins asks if Attorney Mancini has any objections to striking out the last whereas out of the resolution.
Mr. Mancini replies that he does not object.
Council President Higgins goes on record that Attorney Mancini has stricken out the last whereas in the resolution. He also states that for abandonment they have to find that there is no use for use for this property to the Town and asks if the Planning Board believes that is the case.
Mr. Cook replies that is the case as far as the Planning Board is concerned.
Mr. Mancini explains that they are not in essence looking for this property because the business or the property itself is non-conforming or they would need the 7700 square feet in order to meet zoning or subdivision requirements but what it does is allow for a better looking lot as it is going to be constructed for cars to park that essence will allow for a better business.
Council President Higgins asks what the property is currently zoned as and is the business a legal non-conforming use for that zone. He also asks if they have any plan to expand the use.
Mr. Mancini replies that he believes that it is zoned Commercial-1 and the business is a legal non-conforming use in its current zone. He also replies that they have no intentions to expand its use.
Councilor Morris states that she checked with the Zoning Clerk today and was provided a copy of the zoning maps and all the surrounding lots are designated Industrial-1. She also states that the last whereas in the resolution read that this is for redevelopment and utilization of the property and as a Land Use Attorney who has does many of these abandonments, she has never seen a petition without a development plan showing what they are going to do with this property. She adds that she is very uncomfortable with this because we she did speak to the Zoning Clerk she informed her that there is a pending request for zoning certificates for 9 or 10 other lots surrounding this area, which makes her very concerned as to what they plan to do with the property.
Mr. Mancini replies that he is not aware of any requests for zoning certificates but they are not proposing any new development or new construction.
Paul D’Adamo, President of Bills Auto Parts and an Officer of Perkins Horseshoe, states that he is not involved or aware of those zoning certificates. He explains that they currently operating Bill’s Auto Parts and are celebrating their 75 anniversary and have done a major construction project to improve the property. He adds that they have reshaped Macondary Street and their old building is coming down. He points out that they have no intention of changing the operation, in fact, they have spent the last 20 years taking it from an old style junk yard to a modern style auto recycling facility. He further explains that they are familiar with Macondary Street their current building was right on the sidewalk and now the current building has a setback to allow their customers to park cars so their initiation of this petition was to take a little more land for parking cars. Mr. D’Adamo passed around to the Council, aerial shots of the property in order to give an idea of what they will be doing there.
Councilor Morris states that they are talking about parking but she thinks it is important to have the Planning Board and the Council look at what they are going to do there and she would like to know why those zoning certificates were requested with some of the properties owned by Mr. D’Adamo. She recommends waiting a few weeks to give them time to find out why there were zoning certificates requested and find out what the property is going to be reconfigured to look like.
Councilor Albuquerque would like to know where the drainage pipe is located so if they are going to put a fence to divide both properties what happens if that fence goes over the pipe and down the line there needs to be work done to the pipe.
Council President Higgins asks the Solicitor if there should be language in the resolution regarding the drainage issue.
Becki Abilheira, the Town Solicitor, replies yes.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK IT IS VOTED TO AMEND BY ADDING, “SUBJECT TO THE DRAINAGE EASEMENT BEING GRANTED TO THE TOWN OF CUMEBRLAND BY THE PROPERTY OWNER. VOTE 5/1.
Nay: Councilor Morris
Recuse: Councilor Mutter
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK TO APPROVE AS AMENDED
Councilor Lemois states that he understands that it seems like a simple process to some but the issue of the zoning certificates is a simple answer they can get in a short amount of time. He adds that in light of everything going in this Town something might look simple in the beginning but without the questions answered it can come become very tricky. He did spend about a half an hour looking around the property and it did put him a little at ease and they do an awesome job for Cumberland in that area.
Council President Higgins states that he does understand Councilor Lemois’ and Morris’ concern and asks the Solicitor if their questions are relevant to this procedure.
Mrs. Abilheira replies that what the Council has to determine is if the highway ceases to be useful.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS TO TABLE TO JANUARY 17, 2007 BY A ROLL CALL VOTE. VOTE 4/2.
Nay: Council President Higgins and Councilor Albuquerque
Council President Higgins requests that the Zoning Clerk provide the entire Council with the information that was provided to Councilor Morris for the next meeting.
4. R-06-147 – A Resolution Refusing the Offer of the State of Rhode Island to Purchase State Property on Angell Road designated as Plat 300, Parcel 24
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER IT IS VOTED TO AMEND LINE 9 AFTER THE WORD AS, LINE 14 AFTER THE WORD OFFERING AND LINE 31 AFTER THE WORD PURCHASING BY ADDING, “A PORTION OF CUMBERLAND ASSESSORS PLAT 21, LOT 869 LOCATED AT ROUTES 114 AND 116 CONSISTING OF APPROXIMATELY 2,483 SQ FT AND DEPICTED ON THE ATTACHED SITE PLAN AND RECORDED AT BK 1357, PAGE 108 AND IDENTIFIED BY THE STATE OF RHODE ISLAND AS”. VOTE 7/0.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
5. R-06-148 – A Resolution Awarding the Valley and Lilac Street Drainage improvement project to Parkside Utility Construction Corp. of Johnston, RI 02919 in an amount not to exceed One Hundred Two Thousand Two Hundred and Sixty Six Dollars ($102,266)
Councilor Mutter asks Mr. Joyal if he was able to contact the May Fourth Group to confirm if they had acquired a grant to cover the cost of this project.
Robert Joyal, the Public Works Director, states that he was not able to get in contact with anyone due to the Holidays but he will leave a memo for someone to follow up on that.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. ORDINANCES FOR PUBLIC HEARING:
1. #06-18 – An Ordinance Amending the use Regulations of the Zoning Ordinance (tabled from September 6, 2006 and October 18, 2006)
Councilor Morris recuse herself from the discussion.
Council President Higgins states that they were advised by counsel not to move forward and at this point with the revision Zoning Ordinances being presented to the Council already he withdraws the ordinance but with the request that the Ordinance Sub-Committee make sure that it is in the revision.
C. COMMUNICATIONS:
1. A Letter from Council President Higgins to the Building Official, the Public Works Director and the Planning Director requesting a status report on all pending matters presently being handled by said departments
Council President Higgins explains that the Council has received a very lengthy report from the Building Official, Mr. Favreau with all the information requested by the Council as well as the reports from the Public Works Director and the Planning Director. He asks Mr. Cook, who is present, if these are the only matters pending matter before the Planning Board.
Mr. Cook states that in answer to the letter that Council President sent to him he understood that they were only concerned with the matters coming before the Town Council. He explains that the standard daily operations of the Planning Department consist of Land Development, Sub-Division Regulation Applications and Community Development Block Grants and he also included a list of applications that are currently pending before the Planning Board with the applications status.
Council President Higgins thanks them all and wishes them good luck.
8. NEW BUSINESS;
A. COMMUNICATIONS:
1. A Request from Brian Kelly to go before the Town Council to address the issue of Tax Synchronization Brian Kelly of 8 Hatfield Lane is present and states that due to the lengthy agenda he wouldn’t object to tabling this matter to the next agenda.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS VOTED TO TABLE TO JANUARY 17, 2007. VOTE 4/3.
Nay: Councilors Kirkpatrick, Albuquerque and Mutter
B. APPOINTMENT:
1. Reappointment of Roy A. Costa, Jr. 17 Southbury Road
Term ending January 31, 2010
Councilor Morris asks if this position was advertised such as the opening on the Zoning Board.
Council President Higgins replies that there is a continuous statement on the Town’s website does state that there are vacancies to the Planning Board, Zoning Board and Juvenile Hearing Board.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBURQUERQUE AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PARKS AND RECREATIONS COMMISSION:
1. Reappointment of Michael F. Crawley, Chair of 3 Apache Lane
Term ending December, 2008
Council President Higgins points out that the Board votes on who the Chair will be so he asks that Chair be stricken from the agenda.
Councilor Morris asks if these positions were advertised.
Council President Higgins states that he doesn’t believe they were and explains that the reason they solicited for the Zoning Board was because there was a vacancy so if the question is why we didn’t do it for those positions and not these the answer is that traditionally the Council doesn’t advertise to replace existing board members.
Councilor Morris states that it if these terms have expired she thinks that they are all vacant at this time and she would like to treat every board and commission equally.
Council President Higgins asks the Solicitor if it is her opinion that if the Council does not reappointment by the expiration that they are no longer actively serving on the Board or is it her opinion that they continue to serve until they are replaced.
Mrs. Abilheira replies that the ordinance reads that they serve two year terms or until its successor is appointed.
Councilor Lemois takes the view that anyone who is interested can go on the Town of Cumberland’s website and see the different Boards and Commissions and when all the terms expire.
Councilor Mutter states that many of these people have served on the Commission for a while and the report does reflect that on December 11th that were interested in being reappointed so he strongly suggest that they reappoint the members.
Deputy Town Clerk states that she believes that the reason they posted the vacancies on the Zoning, Planning and Juvenile Hearing Board was because there were resignations to each of the Boards.
Councilor Morris states that one of the Zoning Board appointments was for a re-appointment.
Council President Higgins states that there is some misinformation contained on the website and they are currently trying to get an accurate list in place so that they can get the exact deadlines. He also points out that the procedure he followed for the Zoning Board was what was requested by this Council in terms of putting peoples name up for seats.
Mark DosDourian of 26 Alton Avenue states that if the positions are known to be open by members of the community while members of the commissions may have served very well it never hurts to try to get someone else in who may have an interest in one of the positions to bring new life or a different perspective. He recommends that a month or so before a term expires if they could put something on the web for those who are interested.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. Reappointment of Thomas Kenwood, Vice Chair of 8 Shelter Lane
Term ending December, 2008
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO STRIKE VICE CHAIR. VOTE 7/0.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. Reappointment of Lisa Bailey of 295 England Street
Term ending December, 2008
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. Reappointment of Mike Vergano of 12 Crestwood Drive
Term ending December, 2008
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND KIRKPATRICK AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. Reappointment of Dino Giorgio of 32 Chestnut Street
Term ending December, 2008
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. Reappointment of Stanley Lachut, Jr. of 47 Raymond Drive
Term ending December, 2008
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
7. Reappointment of Chuck Sears of 10 Royal Court
Term ending December, 2008
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. RESOLUTIONS:
1. R-07-01 – A Resolution Requiring Public Comment on Town Council Resolutions
Council President Higgins announces that they will take a 5 minute recess to allow for a video tape change.
Councilor Kirkpatrick reads the resolution into the record.
Brian Kelly of 8 Hayfield Lane states that while appreciates to open up the process but he believes that this lengthy agenda is a perfect example as to why there should be a public comments at the beginning of the agenda and recommends that the Council make an amendment to this resolution that would allow the public comment at the beginning of the agenda.
Councilor Morris states that she is sure that if anyone addresses the Council before the meeting that, they had time concerns, they would accommodate them. She also thinks that putting a public comment section at the beginning, middle and end of the agenda is over board and she believes that have certainly opened up the process by posting the procedure for public comment and encouraging public comments on the doors to the Council and with this resolution.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-07-02 – A Resolution Authorizing the Town of Cumberland to Pay Narragansett Improvement Company of Providence, RI for repair of an 8” forced Sewer Main
Robert Joyal, the Public Works Director, states that line 15 needs to be amended from November 2, 2006 to October 20, 2006. He also explains that this is to pay for emergency work that was done in the Highland Corporate Park as a result of a sewer line rupture that occurred on October 20, 2006 and it was an emergency situation as raw sewage was all over the road.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND KIRKPATRICK AND UNANIMOUSLY VOTED TO AMEND LINE 15 FROM NOVEMBER 2, 2006 TO OCTOBER 20, 2006. VOTE 7/0.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
3. R-07-03 – A Resolution to Award the Bid for Concrete Slabs (Flatwork) for Part II of Phase III Renovations at Cumberland High School to Mt. Hope Builders/D&M of Bristol, Rhode Island in an amount not to exceed $273,100
Council President Higgins explains that the original resolutions did not obtain the copy of the advertisement of publication or the bid opening sheets that have been provided to the Clerk and handed to the Council this evening. He asks the Solicitor if, in her opinion, is alright to move forward.
Mrs. Abilheira replies that it is alright to proceed.
Councilor Mutter asks if it is imperative that they vote on these tonight because he would feel better before voting on these resolution to get a handle on the total project and if in fact if there is going to be a deficit in that bond.
Jeff Morris, the Project Manager from DiMeo Construction, replies that currently they are a little bit behind schedule as it is to get the project going and any time that it is delayed it is putting the whole project further into the year 2008, which at that point it is going to extend costs to the Town. He states that they are working very hard with the Building Committee in getting the cost down and in line with the budget and they have already whittled down to get a deficit of over $3 million above the budget to almost $300,000 and they are still working on getting down even lower. He points that tonight they are withdrawing a resolution for sunshades that were part of the exterior of the building and it is coming right out because they all agreed it was money that could be spent someplace else.
Craig Dwyer states that this is a work in progress and since October 3rd the spread sheets show that they have made some improvements and some reductions in the cost items, which they will intent to continue doing. He continues to say that there were a list of items that they challenged the architect and the construction company to come back with numbers where they could save some cost. He states that it is their intention to come under budget and it seems to be headed that way but no one can speak of certainty.
Councilor Lemois states that he understands that the Council is the General Contractor so they hold the pocket book for overages but he would like to know who stamps the work once it is completed and two years from now they run into some mess and are they then responsible for that.
Mr. Morris explains that all these contracts are held with the Town, they manage the project, supervisor the installation, follow the code and make sure that the inspections are done by the Town. He also adds that they have a typical one year warrantee.
Council President Higgins explains that they were asked to attend a 3.5 Building Committee meeting and were told that the meeting was to ask for their input but when they got there was a decision already made to go with part of the project. He further explains there reasoning for that and that it took a lot of deliberation to come to that conclusion but now the Council must determine if they can do what they think is the right thing, which they think is to do both projects or they need to go back and scale back . He adds that they had discussion about debt service and Mr. Bruce can tell them that the debt service jumps about $2 million next fiscal year that will tie up their hands as to what they can do, as far as impacting the tax rate not necessarily the caps because those things are technically excluded. He continues to say that that even if they are excluded they are still responsible for taxing the public to create that revenue, which is something they take seriously. He concludes that it is his belief that the delay would cause more damage than benefit.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
4. R-07-04 – A Resolution to Award the Bid for Masonry for Part II of Phase III Renovations at Cumberland High School to Spino Masonry of Smithfield, Rhode Island in an amount not to exceed $495,058
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
5. R-07-05 – A Resolution to Award the Bid for Steel and Miscellaneous Materials for Part II of Phase III Renovations at Cumberland High School to Northeast Steel of North Kingstown, Rhode Island in an amount not to exceed $908,258
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
6. R-07-06 – A Resolution to Award the Bid for Rough Carpentry for Part II of Phase III Renovations at Cumberland High School to Interbuild, Inc. of Lincoln, Rhode Island in an amount not to exceed $719,203
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
7. R-07-07 – A Resolution to Award the Bid for Equipment/Casework/Fume Hoods for Part II of Phase III Renovations at Cumberland High School to NE Interiors of East Providence, Rhode Island in an amount not to exceed $732,260
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
8. R-07-08 – A Resolution to Award the Bid for Site Preparation for Part II of Phase III Renovations at Cumberland High School to Fleet Construction of Cumberland, Rhode Island in an amount not to exceed $1,478,000
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
9. R-07-09 – A Resolution to Award the Bid for Landscaping for Part II of Phase III Renovations at Cumberland High School to Central Nurseries of Johnston, Rhode Island in an amount not to exceed $86,448
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
10. R-07-10 – A Resolution to Award the Bid for Abatement/Demolition for Part II of Phase III Renovations at Cumberland High School to Pasquazzi Brothers of Cranston, Rhode Island in an amount not to exceed $143,184
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
11. R-07-11 – A Resolution to Award the Bid for Concrete Foundations for Part II of Phase III Renovations at Cumberland High School to Mt. Hope Builders of Bristol, Rhode Island in an amount not to exceed $228,828
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
12. R-07-12 – A Resolution to Award the Bid for Roofing for Part II of Phase III Renovations at Cumberland High School to Apollo Roofing of Providence, Rhode Island in an amount not to exceed $365,860
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
13. R-07-13 – A Resolution to Award the Bid for Air and Water Barrier/Sealant for Part II of Phase III Renovations at Cumberland High School to Brunca Waterproofing of Providence, Rhode Island in an amount not to exceed $188,140
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
14. R-07-14 – A Resolution to Award the Bid for Glass/Glazing for Part II of Phase III Renovations at Cumberland High School to Cheviot of Cranston, Rhode Island in an amount not to exceed $515,021
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
15. R-07-15 – A Resolution to Award the Bid for Sunshades for Part II of Phase III Renovations at Cumberland High School to Advantage Glass of Warwick, Rhode Island in an amount not to exceed $50,922
Jeff Morris, the representative from DiMeo requests to withdrawn this resolution.
16. R-07-16 – A Resolution to Award the Bid for Doors, Hardware and Frames for Part II of Phase III Renovations at Cumberland High School to Building Specialties of Somerville, Massachusetts in an amount not to exceed $99,439
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
17. R-07-17 – A Resolution to Award the Bid for Coiling Overhead Doors for Part II of Phase III Renovations at Cumberland High School to Overhead Door Company of Providence, Rhode Island in an amount not to exceed $19,905
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
18. R-07-18 – A Resolution to Award the Bid for Act Ceiling 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 $169,074
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
19. R-07-19 – A Resolution to Award the Bid for Fireproofing 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 $34,100
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
20. R-07-20 – A Resolution to Award the Bid for Painting for Part II of Phase III Renovations at Cumberland High School to W.F. Shea of Warwick, Rhode Island in an amount not to exceed $66,930
Council President Higgins notes that these resolutions have a specific name attached to the Mayor and asks if that that matter.
Town Solicitor states that she believes it isn’t a problem but she thinks that it would be safer if they removed the specific name.
Council President Higgins states that they will make a motion at the end for the resolutions.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
21. R-07-21 – A Resolution to Award the Bid for Flooring for Part II of Phase III Renovations at Cumberland High School to Ruggieri Brothers of Cranston, Rhode Island in an amount not to exceed $234,957
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
22. R-07-22 – A Resolution to Award the Bid for Visual Display Boards, Marker Boards, Projection Screens and Poster & Display Cases for Part II of Phase III Renovations at Cumberland High School to Northeast Interiors of East Providence, Rhode Island in an amount not to exceed $28,140
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
23. R-07-23 – A Resolution to Award the Bid for Toilet Accessories & Materials for Part II of Phase III Renovations at Cumberland High School to Pyrobain, Inc. of Needham, Massachusetts in an amount not to exceed $2,470
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
24. R-07-24 – A Resolution to Award the Bid for Fire Extinguishers for Part II of Phase III Renovations at Cumberland High School to Pyrobain, Inc. of Needham, Massachusetts in an amount not to exceed $4,625
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
25. R-07-25 – A Resolution to Award the Bid for Lockers for Part II of Phase III Renovations at Cumberland High School to Interbuild, Inc. of Lincoln, Rhode Island in an amount not to exceed $37,491
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
26. R-07-26 – A Resolution to Award the Bid for Window Treatments for Part II of Phase III Renovations at Cumberland High School to D.M. Lonergan of Warwick, Rhode Island in an amount not to exceed $26,600
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
27. R-07-27 – A Resolution to Award the Bid for Plumbing for Part II of Phase III Renovations at Cumberland High School to GEM Mechanical of Lincoln, Rhode Island in an amount not to exceed $872,595
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
28. R-07-28 – A Resolution to Award the Bid for Fire Protection for Part II of Phase III Renovations at Cumberland High School to Simplex-Grinnel of Riverside, Rhode Island in an amount not to exceed $177,145
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
29. R-07-29 – A Resolution to Award the Bid for Electrical for Part II of Phase III Renovations at Cumberland High School to Commercial Electric of East Providence, Rhode Island in an amount not to exceed $1,350,689
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO AMEND RESOLUTION R-07-03 THROUGH R-07-29 BY DELETING MAYOR DAVID S. IWUC AND REPLACING IT BY THE MAYOR OF THE TOWN OF CUMBERLAND. VOTE 7/0.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSY VOTED TO APPROVE RESOLUTION R-07-03 THROUGH R-07-29 AS AMENDED. VOTE 7/0.
30. R-07-30 – A Resolution Authorizing the Increase to the Approved amount to the existing Contract with Commercial Electric of East Providence, Rhode Island in an amount not to exceed $1,612 for Electrical Services for the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
31. R-07-31 – A Resolution Authorizing the Increase to the Approved amount to the existing Contract with Commercial Electric of East Providence, Rhode Island in an amount not to exceed $2,424 for Electrical Services for the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
32. R-07-32 – A Resolution Authorizing the Increase to the Approved amount to the existing Contract with Commercial Electric of East Providence, Rhode Island in an amount not to exceed $4,228 for Electrical Services for the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
33. R-07-33 – A Resolution Authorizing the Increase to the Approved amount to the existing Contract with Commercial Electric of East Providence, Rhode Island in an amount not to exceed $4,524 for Electrical Services for the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
34. R-07-34 – A Resolution Awarding the Contract to furnish Plumbing Fixtures for the Tucker Field House to Ardente Supply Company of Providence Rhode Island in an amount not to exceed $6,682.36
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO AMEND LINE 28 BY DELETING, “MAYOR DAVID S. IWUC” AND REPLACING IT WITH, “THE MAYOR OF THE TOWN OF CUMBERLAND”. VOTE 7/0.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUOSLY VOTED TO APPROVE. VOTE 7/0.
D. ORDINANCES FOR PRESENTATION:
1. #07-01 – An Ordinance Amending Sunday Sales to Holiday Sales (Presented by Council President Higgins on behalf of the Administration)
Referred to the Ordinance Sub-Committee, only if the Committee sees a need.
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND UNANIMOUSLY VOTED TO ADJOURN AT 10:44P.M. VOTE 7/0.
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Sandra M. Giovanelli, Deputy Town Clerk