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 16, 2007

7:45 P.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 noted the Cumberland Senior Center Arts Festival will be held at the Monastery on June 23 and 24. Sponsors are the Town of Cumberland, the Valley Breeze, Cumberland/Lincoln Rotary Club and the Northern Rhode Island Council on the Arts. The Mayor noted that registration for Summer Camp will be held on June 4 and 8, $75.00 for each child.

Council President Higgins also noted that Public Hearings on the budget will be held on May 30, June 4, and June 6, with final adoption of the budget on June 6. Hearings held at 7:00 p.m.

UNANIMOUS CONSENT ITEMS

A. Acceptance of Previous Minutes-Regular Meeting of May 2, 2007

B. DEPARTMENT REPORTS:

Parks and Recreation Department

C. COMMUNICATIONS:

1. C-07-21 – A letter from Louise R. Phaneuf, Town Clerk of Burrillville, requesting support for a resolution that they adopted on May 1, 2007 to regarding the House Bill 2007 H-5990–An Act relating to Sate Affairs and Government- State Rural Conservation

2. C-07-22 – A letter from the Rhode Island Department of Environmental Management regarding New Wetland Rules and New Programmatic General Permit

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE 7/0.

FINANCE REPORTS:

1. General Fund Report as of 4/30/07 for the current FY 2006-2007 period

Finance Director Bruce presented the finance report through 10 months of the fiscal year. He reviewed the figures with the Council indicating that collection of unpaid taxes would be the focal point of the new budget. He noted that last year the Town did well with uncollected taxes, but because of this success there would be less to collect in the next fiscal year and that the Town needs a high collection rate. He noted there would be a tax sale on August 21 and that there were currently 300 properties on the tax sale list. He expected the number of properties would reduce between now and the tax sale because of tax payments and/or tax payment plans established by residents.

He stated that financing was in place for the high school project. He also reviewed some individual line items covered in his printed report.

Councilor Mutter indicated the need for the Finance Committee to receive the expenditures more often during the budget process. Mr. Bruce indicated he would run the reports every two weeks.

OLD BUSINESS:

A. ORDINANCES FOR PUBLIC HEARING:

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)

Council President Higgins opened the public hearing at 8:00 p.m. There being no public comment, Council President Higgins closed the public hearing at 8:01 p.m.

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS, TO APPROVE BY ROLL CALL VOTE. VOTE 7/0.

NEW BUSINESS:

A. COMMUNICATIONS:

1. A request from Michael Magee to go before the Council to present the Office of Children and Learning’s first 100 day report

Mayor McKee noted that to be more reflective of the work of the office the name has changed to the Office of Children, Youth and Learning (OCYL). He indicated the office has received its first $30,000 in funding and that there were many members of the youth commission at tonight’s meeting. He introduced Michael Magee for his report.

Mr. Magee stated that tremendous progress has been made during the first 100 days and that the office has begun to put together a departmental structure. He gave the following points.

1. Established a network of organizations and positive working relationships with other departments, boards, and commissions. He is also including seniors in this group.

2. Offices are being established at the Monastery, along with offices for the Parks and Recreation Department and the Mayor’s satellite office. He feels the closeness of these offices will assist the OCYL.

3. Established a dialog with the Superintendent of Schools, meeting with her weekly. They are identifying issues where both the schools and the OCYL can benefit. The Superintendent will supply demographic information on high school dropouts for years 2000-2007. Cumberland has a 12% dropout rate.

4. With Mayor McKee, has addressed three elementary PTO’s including Garvin Memorial, B.F. Norton, and Community schools.

5. Made contact with the RI Department of Education and with the Kids Count people.

6. Put together a financing model. He has brought the Cumberland Local Education Foundation back into good standing as a non-profit organization. There needs to be a Board of Directors selected and many have agreed to serve on the Board. Through Mr. Tony Nobrega, Open MRI has given $30,000 to the project.

7. Applied for grants through Rhode Island’s Congressional delegation, the Rhode Island Foundation, and the Champlin Foundation. These grants require some time to come to fruition, and the Congressional grants are awarded through the Federal budget.

8. Applied for a $50,000 U.S. Department of Education grant for homework help.

9. With Mayor McKee and a number of Cumberland youth, attended a civic engagement summit in Hampton, Virginia. The RI Foundation provided travel funds to the youth. Fourteen high school aged youth have agreed to serve on Cumberland’s Youth Commission. Two will serve as liaison to the Planning Department.

10. One of the initiatives is for students to volunteer time to civic projects and use the pay they would have received for doing the project to a civic group. An example is the debate team members who will work in a civic engagement and their pay will be used to fund debate team involvement in a regional debate.

11. Members of the Cumberland Youth Commission are:

Elizabeth DiPietro Jessica Mardo

Jessica McCallum Robert VanWinter

Krista McCann Emmery Brakke

Sarah Redlich Andrea Kszystyniak

Erin Wood Shane Kruth

Matt Diamond Nick Mello

Jesse Poon Steven Nolan

12. Held an SAT preparation class with 35 class participants. Expects to hold financial aid seminars and additional SAT preparation classes in the fall.

13. Received a children’s garden grant of $2500 for teaching and training.

14. Plans to reclaim the stage at the Monastery. Would like to present theatrical programs, but will begin

first with a summer family movie.

15. Is doing some work with a program called PAVE, an anti-bullying, anti-violence program. Is currently doing some modeling.

Matt Diamond, CHS junior and school newspaper writer, talked briefly about this experience in Virginia with the civic engagement project. He indicated he came away with a sense of unity, involvement, felt that students were inspired, and felt it was a great experience.

RESOLUTIONS:

1. R-07-93 – A Resolution to Approve Payment of $8,750.00 for Restoration of Pavement on East Earle and Clark Streets

The Director of Public Works stated that the overlay would be paid by the Pawtucket Water Supply Board. These funds used to cold plane the areas close to the curb to improve drainage and provide appropriate driveway access to residents.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

2. R-07-94 – A Resolution in support of the Cumberland Senior Center Art Festival to be held on the Monastery Grounds June 23 and 24, 2007

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MUTTER AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

3. R-07-95 – A Resolution to Require Notice to the Public of all Term Expirations of all Town Council Appointed Positions on Boards, Commissions and Committees serving the Town of Cumberland (Presented by Councilors Lemois and Morris)

Councilor Morris noted that this resolution is being introduced by her and Councilor Lemois to attempt to encourage citizen involvement in town government and to make sure the Council can chose those most qualified applicants to fill openings. Councilor Mutter noted that this resolution provides a process, however, wanted to be sure that those currently serving on boards, commissions, and committees, are recognized for their service. This resolution provides a process only and is not to minimize the efforts of those currently serving. Councilor Morris stated that the service of current appointees is greatly appreciated.

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

4. R-07-96 – A Resolution Authorizing Mayor Daniel J. McKee to Engage the Services of Joseph A. Montalbano, Attorney at Law, of North Providence, Rhode Island for the August 21, 2007 Tax Sale and the October 2007 Sewer Assessment Tax Sale in an amount not to exceed $125 per Lot and Plat and $50 per Deed

Councilor Ackerman recused herself from participating in discussion or voting on this resolution.

Finance Director Bruce noted that this resolution is being introduced so the Town can proceed with the tax sale.

Councilor Mutter asked if this was a professional service and whether or not there needed to be a bid for these services. Town Solicitor Hefner stated that these were legal services and, as such, exempt from the bidding process in accordance with RIGL 45-55-14.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER, AND UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.

(COUNCILOR ACKERMAN NOT PARTICIPATING).

5. R-07-97 – A Resolution to Authorization the CHS2010 Phase III Construction Manager, Dimeo Construction, to Direct the Involved Subcontractors to Perform Change Order Work in an amount not to exceed $30,000

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS, TO ACCEPT THE REVISED VERSION (A) OF THIS RESOLUTION CHANGING, IN LINE 25, THE WORDS “IN AMOUNTS” TO “IN A CUMULATIVE AMOUNT” AND VOTED UNANIMOUSLY TO APPROVE. VOTE 7/0.

Mayor McKee indicated the need for the field construction manager on the Cumberland High School building project to be able to execute change orders to keep the project moving to avoid any additional costs. One way to make up time is to revise the change order process. The work is now four months behind with $200,000 in increased costs. The resolution would allow for change orders up to an aggregate of $30,000. After depletion of the $30,000, the matter would be brought back before the Council.

Councilor Mutter stated that this matter was before the Finance Committee, but the committee was uncomfortable developing their own policy and asked the administration to develop a policy.

Councilor Morris stated that the Council has always made themselves available for special meetings to handle such matters. Mayor McKee stated that posting requirements for special meetings sometimes delay action on change orders.

Councilor Lemois stated that he was leery of change orders, but supports the resolution with the cumulative maximum included and proposed an amendment.

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MUTTER, THAT THE FOLLOWING BE ADDED: (LINE 26 AND 36) “AND THAT THIS WORK AT A MINIMUM BE REPORTED TO THE TOWN COUNCIL AT THE NEXT AVAILABLE MEETING” AND VOTED TO APPROVE. VOTE 6/1 (COUNCILOR MORRIS OPPOSED).

Councilor Mutter was concerned that the Council be kept up to date immediately regarding change orders and that the Council ratify the change orders, and proposed the following amendment to the resolution.

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE, TO CHANGE THE ABOVE TO, “AND THAT THIS WORK AT A MINIMUM BE REPORTED TO THE TOWN COUNCIL AT THE VERY NEXT AVAILABLE TOWN COUNCIL MEETING FOR RATIFICATION” AND VOTED UNANIMOUSLY TO APPROVE. VOTE 7/0.

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILORS ALBUQUERQUE AND LEMOIS, TO APPROVE THE RESOLUTION AS AMENDED. VOTE 6/1. (COUNCILOR MORRIS OPPOSED).

6. R-07-98 – A Resolution to Approve the Release of Town Funds to the corresponding Elementary School Parent Teacher Organizations for the Specific purchase of Playground Equipment

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MUTTER AND VOTED UNANIMOUSLY TO APPROVE. VOTE 7/0.

7. R-07-99 – A Resolution Authorizing the Town of Cumberland to Expend not more than ten thousand dollars ($10,000.00) to Eliminate the Odor Problem in the vicinity of the Highland Corporate Park

Eugene Jeffers from the administration explained the proposed fix for the odor problem in the vicinity of the corporate park.

Councilor Mutter asked if the administration was following the ordinance regarding purchasing. Mr. Jeffers explained that the company doing the repair work is one currently handling sewer issues for the Town and is fully knowledgeable about the problem and the proposed resolution of the problem. Mr. Jeffers didn’t feel there was a need to bid this work.

Councilor Mutter was concerned that the account to be charged in the fiscal note is “Sewer Fund Professional Services”. He feels any professional service should be bid. Mr. Bruce stated that

the account charged will be in the sewer area, but may not be professional services and may be split between more than one. Councilor Mutter indicated that if the charge for this work comes from any professional service account, then the work should go through the bid process.

Mark Dosdourian of 26 Alton Avenue addressed the Council indicating that the odor has reached his street. He is anxious that the problem be fixed. He asked about the impellers and how they would reduce the flow rate to produce a better flow, thereby eliminating the odor issue.

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS, AND VOTED UNANIMOUSLY TO APPROVE. VOTE 7/0.

ORDINANCES FOR PRESENTATION:

1. #07-14 – An Ordinance Relating to the Monastery Property (Presented by Councilor Ackerman)

Council President Higgins asked for all Councilors to receive a copy of the Monastery Plan.

Ordinance referred to the Ordinance Subcommittee.

2. #07-15 – An Ordinance to Reopen and Amend the Existing Budget (Presented by the Council President Higgins on behalf of the Administration)