| 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
MARCH 7, 2007
7:53P.M.
REGULAR MEETING
MEMBERS PRESENT:
Council President Higgins, Councilors Mutter, Morris, Albuquerque, Ackerman and Lemois
Also present, Thomas E. Hefner, Town Solicitor, Daniel J. McKee, Mayor and Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
Councilor Kirkpatrick
GENERAL ANNOUNCEMENTS
Council President Higgins announces that the Cumberland Parks & Recreation Department will host a Celtic Festival on July 21, 2007 at Diamond Hill Park and then will be run by the Blackstone River Theater. He states that this is a one day outdoor festival which hopefully will be an annual event that is designed to be a family friendly event with emphasis on music, dance and children’s programming. He adds that part of the funds from this will be used to resurrect the Summer Concert series.
Council President Higgins announces the public hearing on the reopening and amending of the existing budget will begin on Wednesday, March 14, 2007 at 6:30p.m. at the Library Meeting Room 1 when the Finance Sub-Committee will hold their public hearing. He continues to announce that the Council will have their first public hearing on Thursday, March 15, 2007 at 7:00p.m. in the Council Chambers and the second public hearing and vote on Wednesday, March 21, 2007 at 7:30p.m. in the Council Chambers.. He concludes that the ads ran in the Valley Breeze on March 1, 2007 and in The Call on March 2, 2007 and March 5, 2007 that list the specific amendments to the budget..
UNANIMOUS CONSENT ITEMS
A. Acceptance of Previous Minutes-Regular Meeting of February 21, 2007
B. COMMUNICATIONS:
1. C-07-09 – A letter from the Town of Middletown seeking support for a resolution that they adopted on February 5, 2007 regarding the proposal to increase arsenic levels in soil requiring mitigation to the General Assembly
2. C-07-10 – A letter from DEM regarding Notice of Meeting and Proposed Public Hearing for Amendments to the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
LICENSES:
A. VICTUALLING HOUSE LICENSE:
1. An Application for Fourth Class Victualling House License from Umair M. Cheema of 100 Park Place, Pawtucket, RI 02860 for Amna LLC d/b/a City Top Grocery Store located at 89 Broad Street
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
B. HOLIDAY LICENSE:
1. An application for Holiday Sales License from Umair M. Cheema of 100 Park Place, Pawtucket, RI 02860 for Amna LLC d/b/a City Top Grocery Store located at 89 Broad Street
MOTION BY COUNCILOR MUTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
OLD BUSINESS:
A. ORDINANCES FOR PUBLIC HEARING:
1. #07-06 – An Ordinance relating to the Town of Cumberland Pension System (tabled from February 21, 2007)
Councilor Mutter states that he would like to have one more workshop or executive session on this matter.
MOTION BY COUNCILOR MUTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO TABLE TO MARCH 21, 2007. VOTE 6/0.
2. #07-07 – An Ordinance Authorizing a “No Parking” Zone on Chestnut Grove Street (President by Council President Higgins on behalf of the Administration)
Council President Higgins points out that there is no Chestnut Grove Street it is Chestnut Grove Avenue and asks the Solicitor if the advertisement sufficient to give residents public notice of this hearing.
Thomas Hefner, the Solicitor, suggests that the advertisement is accurate because it gives the public notice that this is being heard tonight and this is just a minor issue that can be amend to the proper name of the street.
Councilor Ackerman states that her only concern is that someone brought to her attention that there is also a Chestnut Street in Town and the resident of Chestnut Grove Avenue might not know that this pertained to them.
Council President Higgins states that is the Boards agrees with Mr. Hefner’s suggestion than they can proceed. He notes for the record that the Board agrees. He states that after speaking to the Police Chief and visiting the area it is his understanding that this ordinance basically would put no parking signs at the end of a cul de sac in a space of 10 feet. He adds that there are no houses, it is just vacant land so it is not interfering with any ones property rights primarily because there is no parking there any way, there is a fire hydrate in the middle of it but the problem is that when it snows you can’t see the fire hydrate and there is a very steep hill that goes down to the cul de sac and the Public Works can’t get down there to plow. He concludes that there are not taking away parking that residents should have.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO AMEND LINE 10, 19, 22 AND 37 BY STRIKING THE WORD STREET AND REPLACING IT WITH THE WORD AVENUE. VOTE 6/0.
Public Hearing opened at 8:03p.m.
Public Hearing closed at 8:04p.m.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE. VOTE 6/0.
C. 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 February 21, 2007)
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO TABLE TO MARCH 21, 2007. VOTE 6/0.
2. R-07-50 – A Resolution to 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 (tabled from February 21, 2007)
Councilor Morris recalls that this matter was tabled because it seemed that there were plans were already drawn and approved where this fire alarm wasn’t included and are only now finding out that this now and have to pay the difference.
Jeff Morris, DiMeo’s Project Manager, explains that mostly want happened was that the Fire Department walked through the building and in the existing school where there were approximately 52 what looked like sprinkler heads that were actually smoke detectors throughout the school that they did not want there anymore. He adds that this was not part of the bid or the work that was under construction but it was brought to their attention at one of the Building Committee meetings and the Fire Department required this be taken care of immediately because they were not sure that the existing units were working.
Council President Higgins asks if the Fire Departments go through the buildings with the contractor or the architect before the drawings are drawn up.
Mr. Morris replies that they do but the work that they did over the summer was for the Art/Music area where they installed new sprinkler systems and this was in areas outside that area throughout the school.
Councilor Lemois asks why the resolution refers to different items such as temperature control panel, changes in light safety and other areas also including an additional fire alarm system.
Mr. Morris states that the change order has 5 items listed and the one they are discussing is the larger amount of the resolution.
MOTION BY COUNCILOR LEMOIS, SECONDED COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
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 (tabled from February 21, 2007)
Council President Higgins states that the question on this matter was the Dimeo is the project manager for this and not a contractor engaged to do construction work.
Mr. Morris explains that this is part of the curtain wall system and they have a separate contract with the Town for the curtain wall system. He adds that in that contract they have a reimbursable amount for all the items that have to be taken care of in order to install the curtain wall that weren’t covered by any one trade contractor. He states that in the process of putting this curtain wall together that have two carpenters on site 40 hours a week working on temporary protection, miscellaneous flashing and roof repairs. He continues to explain that what happened was that they had bid it out and Eagle Corners had certain part of that in their contract but in coordination of getting the curtain wall in place and getting the work done it worked out that their carpenters on site were more available to take care of the work at the time that the curtain wall was set into place instead of waiting for a roofing company to come back individual times. He concludes that they then discusses with Eagle Corners the amount that they carried in their contract and asked them to give it back to the Town so that they could take it back into Dimeo’s contract to do the work.
Council President Higgins asks how much the amount of Dimeo’s contract to do the curtain wall is.
Mr. Morris replies that it is roughly around $180,000 for reimbursables.
Councilor Mutter makes a symbolic note that he is not going to vote in favor of this resolution because he has a problem with the Phase III money be used to fund part of Phase II, which this is part of and he stresses that it has no reflection on Dimeo.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS VOTED TO APPROVE. VOTE 5/1. VOTE 5/1.
Nay: Councilor Mutter
4. R-07-52 – A Resolution to 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 (tabled from February 21, 2007)
Councilor Morris states that according to this resolution they have already paid this fee.
Mr. Morris adds that this resolution should also be amended because it is not for the Art/Music Classrooms it is for the Science/Cafeteria wing.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO AMEND LINES 6 AND 35 BY STRIKING THE WORDS, “ART/MUSIC CLASSROOMS” AND REPLACING IT WITH “SCIENCE CAFETERIA WING”. VOTE 6/0.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE TO APPROVE
Councilor Lemois asks who the fee was paid to.
Mr. Morris replies that this was actually a combination of two fees with one fee being paid to the Fire Department and the second fee was paid to the Federal ADA fee.
Councilor Lemois states that he is confused why they are approving $50,000 and he can only come up with $40,000 based on the resolution.
Mr. Morris replies that in their contract with the Town there is a reimbursable percentage on that.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND IT IS TABLE TO TABLE TO MARCH 21, 2007. VOTE FAILS 6/0.
Mr. Morris asks if they could table part of it because the money has been paid months ago.
Mr. Hefner, the Solicitor, states that they could do one of two things. He explains that they can amend the resolution to include the payment of the fee advanced and not the 25 percent of cost or they can table it for two weeks.
Council President Higgins states that if the Council wants to amend the resolution as suggested by the solicitor then they would need to vote no on the motion to table.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO AMEND BY STRIKING THROUGH LINE 24 AND LINE 25 AND AMEND LINE 8 AND 36 BY STRIKING THROUGH $50,796.25 AND INSERTING $39,637.00. VOTE 6/0.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 6/0.
NEW BUSINESS:
A. CLAIM:
1. William A. Dickie, Esq. of 14 Morgan Court, Lincoln c/o Alma Castonguay
Referred to the Town Solicitor for review with referral to either the Trust or the Finance Sub-Committee as appropriate
2. Mariam A. Lavoie, Esq. of 685 Westminster Street, Providence c/o Albert Bessette
Referred to the Town Solicitor for review with referral to either the Trust or the Finance Sub-Committee as appropriate
B. APPOINTMENT:
PLANNING BOARD (Council Appointment):
Appointment to the Planning Board with term ending January 31, 2009
1. Brandon S. Bell of 3676 Mendon Road
2. Marc Roberge of 70 Weeks Street
3. Douglas A. Caniglia of 1283 Mendon Road
4. Joseph L. O’Donnell of 3 Belmont Terrace
5. William C. Harrison of 4 Peacedale Road
6. Steven R. Owensby of 35 Narragansett Road
7. Richard R. Schneider of 4 Bond Avenue
8. Anthony Pandozzi of 44 Lockwood Road
Council President Higgins states that they are in receipt of a letter from Richard Schneider requesting that his name be withdrawn from consideration due to personal reason and they will strike his name from the list. He opens nominations for the appointment of the Planning Board.
Councilor Albuquerque nominates Anthony Pandozzi of 44 Lockwood Road and Councilor Mutter seconds the nomination.
Council President Higgins asks if there are any further nominations and hearing no further nominations declares the nominations closed.
Councilor Morris acknowledges that they asked John Aubin, the Planning Director, to review all of the applicants and Mr. Pandozzi got a favorable review from Mr. Aubin and she will be supporting his appointment.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE THE APPOINTMENT OF ANTHONY PANDOZZI TO THE PLANNING BOARD. VOTE 6/0.
PLANNING BOARD (Mayoral Appointment):
1. Maria Vracic, 32 Grand Avenue, District 5 to replace Fatima Rodrigues due to her resignation
Term ending January 31, 2010
Mayor McKee acknowledges and thanks the three individuals for their serve to the Town and the Planning Board, Brandon Bell, John Shelvin and Fatima Rodrigues.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. Kenneth Bush, 4 Torrey Road, District 4 to replace John Shelvin due to his resignation
Term ending January 31, 2010
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
DIRECTOR OF THE MAYOR’S OFFICE OF CHILDREN AND LEARNING:
1. Michael C. Magee, Phd of 7 Old Wrentham Road
MOTION BY COUNCILOR MUTER, SECONDED BY COUNCILOR ACKERMAN AND MORRIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
C. RESOLUTIONS:
1. R-07-53 – A Resolution Awarding the Contract for Reappraisal and Revaluation Company North Providence, Rhode Island in an amount not to exceed $233,000
Anthony Harraka explains that they received a total of 4 bids and CRC was the lowest bid at $16 per parcel, which the Town has a total of $13,754 and they have been utilizing CRC for the last 6 years. He states that this revaluation is required by Rhode Island General Law to be done every 3 years and this is the Town’s second reappraisal for a statistical update and the State is going to reimburse the Town 80 percent.
Council President Higgins states that this is a tie for the lowest bid and they are recommending CRC based on prior experience with them.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. R-07-54 – A Resolution to Purchase of four (4) police cruisers
Council President Higgins states that the Finance Director has requested that this be tabled pending the outcome of the budget amendment hearings.
MOTION BY COUNCILOR MUTTER SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO TABLE TO MARCH 21, 2007. VOTE 6/0.
Councilor Mutter asks that the documentation include all the vehicles of the Police Department such as the fleet and mileage on the vehicles.
Council President Higgins refers to the Finance Sub-Committee.
3. R-07-55 – A Resolution Awarding the Contract for the Reconditioning of the Elevator located at Cumberland High School to American Elevator, Inc. of North Attleboro, Massachusetts in an amount not to exceed $40,000
Richard Hilton explains that this is part of Phase 3 of CHS2010 but the original Phase 3 on CHS2010 called for the replacement of 3 elevators and after the architect was brought on board they reviewed the elevators in existence with the Governor’s Office on Handicap Accessibility determined that the west elevator could be saved in terms of the ADA standards but the controls and lifting system did not. He adds that they moved forward when the school department went out to bid for new elevators contract they meant with that contractor and it was determined that the elevator could be upgraded separately under a Town contract instead of through DiMeo and pay a fee on it making the elevator in compliance.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER TO APPROVE
Mayor McKee asks if this went out to bid.
Mr. Hilton replies that yes that they did go out to bid.
Council President Higgins states that the resolution and fiscal note states that it is a sole source provider.
Mr. Hefner states that it was represented to him as a sole source provider and there was no reference of a bid process.
Council President Higgins suggests that this be referred to the Finance Sub-Committee for further review.
Councilor Lemois and Mutter withdraw their motion.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO TABLE TO MARCH 21, 2007. VOTE 7/0.
D. ORDINANCES FOR PRESENTATION:
1. #07-09 – An Ordinance relating to the Naming of Public Property within the Town of Cumberland (Presented by Councilor Morris)
Council President Higgins refers it back to the Ordinance Sub-Committee
PUBLIC COMMENTS:
Brandon Bell of 3676 Mendon Road is present and states that he would like to have the Planning Director’s recommendations read into the record. He would also like to know why two months ago they routinely re-appointed Roy Costa to the Planning Board and what about his volunteer service to this own triggered an 8 person review and nomination process verses all the re appointments that have been done in this Town.
Jim McLaughlin of 15 Garden Street states that the public comment couldn’t go before the meeting but he would like to thanks Brandon Bell for his service to the Town and Planning Board and is saddened by the fact that the Council couldn’t consider him tonight.
ADJOURNMENT:
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND UNANIMOUSLY VOTED TO ADJOURN AT 8:59 P.M. VOTE 6/0.
__________________________________________
Sandra M. Giovanelli, Town Clerk