| 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 OF THE CUMBERLAND TOWN COUNCIL
REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, JUNE 6, 2007 AT 7:30 P.M.
COUNCIL CHAMBERS, TOWN HALL
45 BROAD STREET, CUMBERLAND
REGULAR MEETING
8:56 p.m.
Council President Higgins, Councilors Mutter, Morris, Albuquerque, Ackerman, Lemois and Kirkpatrick
Also present, Thomas E. Hefner, Town Solicitor, Daniel J. McKee, Mayor, and Sue P. Sheppard, substituting for Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
The meeting opened with the Pledge of Allegiance.
Councilor Ackerman announced a Walk-a-thon for the benefit of Hannah and Friends, to be held on Saturday, June 16, 2007, at Diamond Hill State Park. This organization is a non-profit foundation dedicated to providing a better quality of life for children and young adults with special needs.
A. Acceptance of Previous Minutes-Special Meeting and Regular Meeting of May 16, 2007
1. C-07-23 - A letter from the Town of Westerly requesting support for a resolution that was adopted on May 8, 2007 Regarding the Elimination of the Straight Party Ticket Ballot
2. C-07-24 - A letter from the Town of Cranston requesting support for a resolution that was adopted on April 23, 2007 Urging the General Assembly to Introduce and Pass Legislation that would allow the City of Cranston to Increase the Cranston Probate Court Fees
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO ACCEPT THE CONSENT AGENDA AS PRESENTED. VOTE 7/0.
A. VICUALLING HOUSE LICENSE:
1. An application for a transfer of a First Class Victualling House License from John Lefrancois of LMB Associates d/b/a the Blackstone located at 129 Mendon Road to Lindsay Manion of Old River Road, Lincoln for Curbside, Inc., relocating to 17 Dexter Street
Council President Higgins stated that this is the same business awarded a Class B-V alcoholic beverage with conditions by the Board of License Commissioners on June 6, 2007.
Councilor Lemois noted that although he was against the alcoholic beverage license transfer, he would vote in favor of this transfer because he is not against a restaurant at this location as long the restaurant conforms to zoning.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO APPROVE THE TRANSFER OF THE VICTUALLING HOUSE LICENSE FROM LMB ASSOCIATES TO CURBSIDE, INC. SUBJECT TO A COMPLETE ZONING REVIEW AND COMPLIANCE WITH ZONING REGULATIONS INCLUDING BUT NOT LIMITED TO SECTIONS 8-1 AND 2-12 OF THE ZONING ORDINANCE. VOTE 7/0.
B. USED AUTO PARTS LICENSE:
1. An application for a transfer of a Used Auto Parts License from Eugene M. Swiech of Gene’s Auto Parts located at 187 Dexter Street to Anthony J. Desmarais of 253 Chopmist Hill Road, Glocester, RI for Centennial Leasing and Operating Company LLC., d/b/a Centennial Auto
Councilor Mutter recused himself from participation in this matter.
Council President Higgins asked if there would be any change in the auto parts business. Nicole Shannon, attorney for Anthony J. Demarais indicated there would be no change in the operation. Council President Higgins noted that any expansions would be subject to zoning board review and approval, since this business is grandfathered in a residential zone.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILORS KIRKPATRICK AND LEMOIS, VOTED TO APPROVE THE TRANSFER OF A USED AUTO PARTS LICENSE FROM EUGENE M. SWIECH TO ANTHONY J. DESMARAIS SUBJECT TO PAYMENT OF ALL LOCAL TAXES. VOTE 6/0. (Councilor Mutter recused.)
C. SPECIAL EVENT NON-PROFIT ENTERTAINMENT LICENSE:
1. An application from the Club Juventude Lusitana on 10 Chase Street for the Annual Saint John’s Feast to be held on June 22, 2007, June 23, 2007 and June 24, 2007
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS, VOTED UNANIMOUSLY TO APPROVE THE SPECIAL EVENT NON-PROFIT ENTERTAINMENT LICENSE FOR CLUB JUVENTUDE LUSITANA FOR THEIR ANNUAL ST. JOHN’S FEAST TO BE HELD ON JUNE 22, 23, AND 24, 2007. VOTE 7/0.
A. ORDINANCES FOR PUBLIC HEARING:
1. #07-10 – An Ordinance Naming the Cumberland Police Department Building the “John Partington Public Safety Building” (Presented by the Council President Higgins on behalf of the Administration)
Council President Higgins opened the public hearing at 9:03 p.m.
Mayor McKee stated he is in favor of approval of this ordinance. He feels Mr. Partington, who had a long and distinguished career in law enforcement both nationally and locally, and who was one of Cumberland’s most admired and respected residents, well deserves this recognition. After ordinance approval, the Town will plan an official ceremony to mark the naming of the public safety building.
Scott Partington, son of Mr. Partington, expressed thanks to the Council on behalf of the family for this effort to rename the public safety building.
Council President Higgins closed the public hearing at 9:06 p.m.
Council President Higgins explained that the request to rename the public safety building came to the Council via a petition signed by 100 residents. There have been a number of public meetings on this request and there has been no opposition to this ordinance.
Councilor Lemois stated he would be voting in favor of this ordinance. Council Albuquerque noted that while he was opposed to the ordinance for naming buildings, feeling there should be more stringent criteria, he feels that Mr. Partington would exceed any criteria imposed for naming buildings.
Councilor Mutter thanked the family for their patience waiting for action on this ordinance.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE, VOTED UNANIMOUSLY ON ROLL CALL VOTE TO PASS THIS ORDINANCE NAMING THE PUBLIC SAFETY BUILDING AS THE “JOHN PARTINGTON PUBLIC SAFETY BUILDING”. VOTE 7/0.
2. #07-12 – An Ordinance relating to the Senior Citizen Tax Deferment Program (Presented by Council President Higgins on behalf of the Administration and tabled from May 2, 2007)
Mayor McKee stated that the administration is working on this ordinance, and requests a deferral until September. At the moment, this is not a time sensitive issue and over the summer he will be asking for Council input as the administration continues work on this ordinance.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILORS MUTTER AND MORRIS, VOTED UNANIMOUSLY TO TABLE THIS ORDINANCE UNTIL THE FIRST MEETING IN SEPTEMBER. VOTE 7/0.
3. #07-14 – An Ordinance relating to the Monastery Property (Presented by Councilor Ackerman)
Councilor Morris, chair of the Ordinance Subcommittee, reported that after reviewing the Monastery Plan the committee’s recommendation is to refer this ordinance to the Town Engineer and Senior Services Director to see if they can come up with another alternative. Since the Monastery Plan calls for no new impervious surface area, the committee would like other suggestions, such as other safe pervious alternatives, valet services, etc. The committee would would like a report in a reasonable amount of time.
Town Solicitor Hefner presented the Council with a letter from the Interlocal Trust outlining liability issues.
Mayor McKee stated that he would do as the Council requests, however, expressed concern with the lack of planning. He noted that activity at the property has doubled, and that increase in activity was not addressed and needs to be addressed. With more activities comes the need for more parking.
Councilor Mutter noted that the Monastery Plan preceded the move of the Senior Center to the Monastery grounds.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER, VOTED UNANIMOUSLY TO TABLE THIS ORDINANCE UNTIL THE JUNE 20 MEETING. VOTE 7/0.
4. #07-15 – An Ordinance to Reopen and Amend the Existing Budget (Second Public Hearing and Vote)
Council President Higgins opened the public hearing at 9:20 p.m.
Councilor Mutter explained that this ordinance amends Ordinance No. 07-08A and the existing budget to correct the error between the Vehicle Capital Reserve and the School Capital Improvements for the school’s copiers.
Council President Higgins closed the public hearing at 9:22 p.m.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILORS KIRKPATRICK AND MORRIS, VOTED UNANIMOUSLY TO APPROVE ORDINANCE NO. 07-15 “AN ORDINANCE TO REOPEN AND AMEND THE EXISTING BUDGET”. VOTE 7/0.
A. CLAIM:
1. Marc A. Berlinger of 76 Countryside Drive
2. Debra Murphy of 5 Esek Hopkins Lane
Council President Higgins referred the claim of Marc A Berlinger to the Finance Subcommittee.
Council President Higgins referred the claim of Debra Murphy to the Town Solicitor to review insurance coverage on this claim.
B. APPOINTMENTS-CUMBERLAND HOUSING AUTHORITY (Council Appointment):
Appointment to the Cumberland Housing Authority with term ending June, 2012
1. Edward F. Mulholland, CPM of 380 Nate Whipple Highway
2. Harvey Gauthier of 115 Waumsett Avenue
In accordance with the procedures recently adopted for Council appointments, the Council requested resumes for this appointment to the Cumberland Housing Authority.
Councilor Mutter placed the name of Edward F. Mulholland in nomination to fill this position on the Cumberland Housing Authority. This nomination was seconded by Councilor Albuquerque.
Councilor Morris thanked Mr. Gauthier for submitting his resume, and suggested that his resume be kept on file to be considered for any future appointments.
Councilor Mutter thanked Mr. Mulholland for his 15 years of service to the Housing Authority.
VOTED UNANIMOUSLY ON ROLL CALL VOTE TO APPROVE THE NOMINATION OF EDWARD F. MULHOLLAND TO THE CUMBERLAND HOUSING AUTHORITY, TERM TO EXPIRE IN JUNE OF 2012. VOTE 7/0.
C. RESOLUTIONS:
1. R-07-100 – A Resolution Authorizing and Empowering Mayor Daniel J. McKee to Execute a Professional Services Contract for Fourth of July Celebration Fireworks with Atlas Pyrotechnics, Inc., of Jaffrey, New Hampshire in an amount not to exceed $7,500.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-100. VOTE 7/0.
2. R-07-101 – A Resolution to Award the Bid for Concrete for Part III of Phase III Renovations at Cumberland High School to AZ Tech Forms, Inc. of Cranston, Rhode Island in an amount not to exceed $75,425
Finance Director Bruce stated that none of these resolutions relating to renovations at Cumberland High School are connected with the authorization given to the construction manager and Mayor to approve change orders up to a cumulative total of $30,000. He added that any change order presented for ratification in accordance with that resolution would be so noted.
Jeffrey Morris of Dimeo explained that this concrete is for elevator pits and ramps.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-101 VOTE 7/0.
3. R-07-102 – A Resolution to Award the Bid for Structural and Miscellaneous Steel for Part III of Phase III Renovations at Cumberland High School to R.I. Welding and Fabricating Company of Providence, Rhode Island in an amount not to exceed $266,509
Mayor McKee stated that compliance with the recently enacted state fire codes is adding costs to the renovation project. Working with the construction manager and the local fire chief, there are some savings on railings in the area of $50,000 to $60,000. The project team is working to shave costs on the project.
Mr. Morris stated that other fire code requirements are being identified and some variances are being requested. As an example, the architect called for railings of aluminum, but has agreed to substitute railings of steel, which has lowered the cost. A change order will be issued to save about $50,000 with this substitution.
Change orders are being tracked and reported to the Council and the project team.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-102 VOTE 7/0.
4. R-07-103 – A Resolution to Award the Bid for an Upgrade and Expansion of the CCTV System at the Public Library to Shanix, Inc., of Cranston, Rhode Island in an Amount not to Exceed $8,850.00
Library Director Levesque stated that these funds were put into the budget to upgrade to digital technology for the library and extend the upgrade to the Hayden Center meeting area. There are two separate bids, one for the upgrade and the other for the extension of the technology to the Hayden Center.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILORS ALBUQUERQUE AND LEMOIS, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-103 VOTE 7/0.
5. R-07-104 – A Resolution to Award the Bid for Extension of the CCTV System into the Hayden Center at the Public Library to Shanix, Inc., of Cranston, Rhode in an Amount not to Exceed $2,861.00
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-104 VOTE 7/0.
6. R-07-105 – A Resolution to Award the Bid for Signage for Part III of Phase III Renovations at Cumberland High School to Mandeville Sign of Lincoln, Rhode Island in an amount not to exceed $42,227
The actual bid amount for this work is $39,927.50. The resolution amount represents the funds allowed in the bond.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-105 VOTE 7/0.
7. R-07-106 – A Resolution Authorizing an Increase to the approved amount of the existing Contract with Cape Cod Plastering, Inc. of New Bedford, Massachusetts for GBW/Metal Studs and Firestopping for Part III of Phase III Renovations at Cumberland High School in an amount not to exceed $22,375
The resolution represents more fire code compliance. Mr. Morris feels there does not need to be this level of fire safety.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-106. VOTE 7/0.
8. R-07-107 – A Resolution Authorizing an Increase to the approved amount of the existing Contract with Pasquazzi Brothers, of Cranston, Rhode Island in an amount not to exceed $30,498 for Asbestos Abatement and Demolition for Part II of the CHS2010 Phase III Retro-Fitting of the Art/Music Classrooms at Cumberland High School
Councilor Mutter noted that asbestos abatement is a moving target. Mr. Morris advised the Council that when the project was complete there would be no asbestos in the school.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-107 VOTE 7/0.
9. R-07-108 – A Resolution Authorizing an Increase to the approved amount of the existing Contract with CAM HVAC & Construction, Inc. of Smithfield, Rhode Island for HVAC for Part II of the CHS2010 Phase III Science/Cafeteria Addition in an amount not to exceed $22,997
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-108. VOTE 7/0.
10. R-07-109 – A Resolution Authorizing an Increase to the approved amount of the existing Contract with W.F. Shea of Warwick, Rhode Island for Painting for Part II of the CHS2010 Phase III Science/Cafeteria Addition in an amount not to exceed $435
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-109. VOTE 7/0.
11. R-07-110 – A Resolution Authorizing an Increase to the approved amount of the existing Contract with W.F. Shea of Warwick, Rhode Island for Painting for Part III of Phase III Renovation at Cumberland High School in an amount not to exceed $960
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-110. VOTE 7/0.
12. R-07-111 – A Resolution to Approve the Release of Town Funds to the B.F. Norton Elementary School Parent Teacher Organization for the Specific Purchase of Playground Equipment in an amount not to exceed $29,412
Finance Director Bruce explained the bid for this equipment. He stated that B.F. Norton would supply the paperwork to the Town for this purchase.
Councilor Mutter noted there is one school left to have playground upgrades and he expects that will be completed soon.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN, VOTED UNANIMOUSLY TO APPROVE RESOLUTION NO. R-07-111. VOTE 7/0.
Mr. John Sylvester asked if Councilors could meet with him to provide him with general information regarding zoning hearings. Council President Higgins suggested that he also speak with the solicitor.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS, VOTED UNANIMOUSLY TO ADJOURN AT 9:48 P.M. VOTE 7/0.
_________________________________________
Sue P. Sheppard
** A VIDEOTAPE AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY **