| 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
MAY 2, 2007
9:07P.M.
REGULAR MEETING
MEMBERS PRESENT:
Council President Higgins, Councilors Mutter, Morris, Albuquerque, Ackerman, Lemois and Kirkpatrick
Also present, Thomas E. Hefner, Town Solicitor, Daniel J. McKee, Mayor and Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS
Council President Higgins announces for anyone who is present to address the Senior Citizen Tax Deferment issue that it is his understanding the matter is going to be tabled by the administration.
UNANIMOUS CONSENT ITEMS
A. Acceptance of Previous Minutes-Regular Meeting of April 18, 2007
B. COMMUNICATIONS:
1. C-07-18 – A letter from the Warren Town Council requesting support for their active pursuit of wind energy
2. C-07-19 – A letter from the Town of Portsmouth requesting support for a resolution that they adopted on April 9, 2007 regarding support for the coalition of communities improving Rhode Island.
3. C-07-20 – A letter from the Blackstone River Watershed Association requesting volunteers for their Stream Team for a planned survey of the West and Mill Rivers during the last two weeks of May
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
Councilor Albuquerque was absent at the time of the vote
LICENSES:
A. VICTUALLING HOUSE LICENSE:
1. An Application for a Third Class Victualling House for Cumberland Creamery located at 3400 Mendon Road Unit C from Steven J Pereira of 9 Ballou Street, Cumberland, Rhode Island (tabled from April 18, 2007)
Council President Higgins explains that this matter was tabled due to a letter they received from Mr. Madden, the Building Official indicating that there was a variance or a special permit required but now they have received another letter from Mr. Madden stating that isn’t the case.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO APPROVE. 7/0.
2. An application for a First Class Victualling House License Transfer from John Lefrancois of LMB Associates d/b/a the Blackstone located at 129 Mendon Rd to Lindsay Manion of Old River Rd, Lincoln for Curbside, Inc., relocating to 17 Dexter St
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO TABLE TO JUNE 6, 2007. VOTE 7/0.
OLD BUSINESS:
A. COMMUNICATIONS:
1. A Request from Police Chief John Desmarais to go before the Council to present the Department’s 2006 Annual Report
Police Chief John Desmarais states that it is his honor to stand before this Council to present his first annual report but the credit goes to the men and women of the Cumberland Police Department. He adds that it is also his privilege to open up the Cumberland Police Department to them and inside the annual report gives them a comprehensive look at everything from the Traffic Calming Program to use of force issues. He adds that the report also list citizen complaints and programs that they ran throughout the Town. He is proud to announce that their part 1 crimes for the year of 2006 are down about 6 percent and there aren’t too many communities in the State of Rhode Island that can say that. He points out that because of their Traffic Calming Program and their enforcement, the motor vehicle accidents over a period of a year and a half are down almost 100. He concludes that he is very proud of the men and women of the Cumberland Police Department for the work they do.
Councilor Ackerman thanks the Chief and the officers for working on some traffic calming issues in her district and would like to know if there is anything more in the works to alleviate this problem.
Chief Desmarais replies that they do have some programs that they are working on and they do work diligently throughout the Mayor’s Office and other department heads. He adds that they are in the process of going back to reevaluate what they have done in the past with traffic calming issues that they have had throughout the years.
Councilor Kirkpatrick states that if this document is not available to the public that it should be and commends the Chief and all the officers for the comprehensive report that they put together and all the work they do for the Town.
Council President Higgins states that this annual report is on both the Town website as well as the Cumberland Police Department’s website.
Councilor Lemois states that he has had the fortunate opportunity to go into the Police Station prior to and after being a Councilor to deal with the small things where he was treated with the up most respect and care.
Councilor Morris publicly acknowledges that she was very impressed by this report and that the report taught her a lot about the Police Department and their different programs.
Council President Higgins reminds the public that there is a posting on the Town’s website relative to renaming the Cumberland Police Station after John Partington.
B. ORDINANCES FOR PUBLIC HEARING:
1. #06-28 – An Ordinance Amending the Zoning Ordinance (tabled from April 18, 2007 for a Status Review)
Councilor Morris states that the Ordinance Sub-Committee met last Monday night where they reviewed Article 6 and 9 and on May 10th they will continue their sequential review beginning with Article 7 and are hoping to get through the remaining articles. She explains that they are then going to take the time between May 10th and June 7th to develop a memorandum to present at their June 7th Ordinance Sub-Committee meeting in order to pass on to the Council. She concludes that the May 10th and June 7th meetings will be held at Town Hall at 7:00pm.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO TABLE TO JUNE 20, 2007. VOTE 7/0.
2. #07-06 – An Ordinance relating to the Town of Cumberland Pension System (tabled from March 7, 2007, March 21, 2007, April 4, 2007 and April 18, 2007)
Mayor McKee requests that this matter be withdrawn.
Council President Higgins states that hearing no objection from the Council the matter is withdrawn.
3. #07-11 – An Ordinance Authorizing a “No Parking” Zone on Legion Avenue (President by Councilor Ackerman)
Councilor Ackerman explains that Pitchers Pub on Manville Hill Road approached the Officer Murphy the Traffic Enforcement Officer in Town about an issue that residents are having getting in and out of their driveways or making the turn on to Legion Avenue.
Public Hearing opened at 9:25pm
Public Hearing closed at 9:26pm
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
4. #07-12 – An Ordinance Relating to the Senior Citizen Tax Deferment Program (Presented by Council President Higgins on behalf of the Administration
Councilor Morris states that they met on this last Monday night and they had questions for the Administration which some of them were answered and she would like to defer to the Mayor because he would like to address the Council regarding this topic.
Mayor McKee states that one of the things that he would like everyone to realize is that this is a very important issue and clearly with what is happening in terms of cost of operating municipalities and the lack of funding coming from the State is putting a tremendous pressure on all property tax owners but especially on seniors who live in their own homes. He explains that they do still have some time on this issue because if they are going to implement new legislation or programs they would have to be in place by the fall. He also informs that he intends to form a Senior Property Tax Relief Committee to research and make recommendations on tax relief for seniors. He states that the committee will also research what other States are doing regarding this matter because some states are taking a more proactive roll than the State of Rhode. He believes they are expected to have that committee in place by the middle of the month. He concludes that he would ask that this be tabled for 30 days with some ideas from that committee.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND UNANIMOUSLY VOTED TO TABLE TO JUNE 6, 2007. VOTE 7/0.
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 April 4, 2007)
Mayor McKee requests that this matter be withdrawn.
Council President Higgins states that hearing no objection from the Council the matter is withdrawn.
2. R-07-87 – A Resolution to Award the bid for Appliances for Part III of Phase III Renovations at Cumberland High School to G.E. Consumer and Industrial of Hanover, Maryland in an amount not to exceed $1,178
Councilor Mutter states that he has been told that this resolution is to purchase a special refrigerator that is needed for the new Science wing not for a teachers’ lounge as was original thought.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
Council President Higgins announces that they need to take a five minute break to allow time to switch video tapes.
NEW BUSINESS:
A. APPOINTMENTS:
CUMBERLAND HOUSING AUTHORITY REAPPOINTMENT:
1. Edward F. Mulholland of 380 Nate Whipple Highway
Term Ending June 30, 2012
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO TABLE TO JUNE 6, 2007 TO ALLOW THE TOWN CLERK TIME TO POST THE APPOINTMENT ON THE TOWN’S WEBSITE AND POSSIBLE IN THE VALLEY BREEZE.
Council President Higgins asks the Solicitor if a motion to table combined with a motion to set certain criteria and still have discussion from Councilor Morris.
Councilor Lemois requests that his motion be withdrawn.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO DIRECT THE TOWN CLERK TO POST THE VACANCY TO THIS BOARD ON THE TOWN’S WEBSITE AND A PRESS RELEASE. VOTE 7/0.
Councilor Morris states that it was her understanding that they were going to post all open appointments on the website. She also states that although she recognizes that many of the people who are asking to be reappointed will be reappointed but she feels that they have a duty to this Town to make sure they have the most qualified on all other their Boards. She believes that that Mr. Mulholland is an excellent candidate but she doesn’t think that they should pick and choose which Boards they should advertise and which Boards they shouldn’t. She concludes that they should all be treated the same way and look at the appointments as they are expiring.
Council President Higgins, as the person who sets the agenda, would like to clarify why these appointments appear on the agenda. He states that due to the fact that there is no ordinance presently in place which requires any set procedure for these positions and they have acted on approximately three or four appointments since this opinion has been voiced. He adds that the Council has gone along with advertising these positions as they come up and they have not taken any formal vote on posting every position. He states that it is belief that an ordinance is required to set that procedure in place and it is his understanding that Councilor Lemois is currently working on such ordinance. He concludes that when he receives a letter from someone who is interested in being reappointed he puts it on the agenda and the Council at that point is certainly not prohibited from taking the action that it is planning to take tonight, which is how he plans on getting it before the Council.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 6, 2007. VOTE 7/0.
B. ORDINANCES FOR PRESENTATION:
1. #07-13 – An Ordinance Authorizing the Placement of a Stop Sign on Scarborough Road at the Intersection of Knollcrest Drive (Presented by Councilor Ackerman)
C. RESOLUTIONS:
1. R-07-91 – A Resolution for the Purchase of a Computer File Server for I.M.C. Software
Police Chief Desmarais explains that they are looking to purchase a computer file server for the Police Department for the 12 mobile units along with 30 computers throughout the Police Department. He states the current file server is old and outdated but they do plan on keeping it as a backup server. He adds the purchase will be totally funded through the Justice Assistance Grant that they applied for.
Council President Higgins states that he does not see any language in the resolution stating the need for authorization or agreement of purchase by the Town Council and asks the Solicitor if it is required.
Thomas Hefner, the Solicitor, replies that the language in Section 2 covers that language.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-07-92 - A Resolution Authorizing the Filing of the 2007 Community Development Block Grant Application
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND MORRIS IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:48P.M. VOTE 7/0.
______________________________________________
Sandra M. Giovanelli, Town Clerk