| 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
WEDNESDAY, APRIL 16, 2008
EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND
REGULAR SESSION
The meeting was called to order at 7:32 p.m. by Council President Higgins.
The meeting opened with the pledge of allegiance to the flag.
MEMBERS PRESENT:
Council President Higgins, Councilors Mutter, Ackerman, Lemois, Albuquerque, Morris, and Kirkpatrick
Also present Mayor Daniel J. McKee, Thomas E. Hefner, Town Solicitor and Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS:
Council President Higgins announced that he received a letter from Attorney Michael Kelly’s Office requesting a 30 day continuance on both ordinance #08-04 (zone change) and #08-09 (Comprehensive Plan Amendment), known as the Hotel proposal on Mendon Road in order to take measures to address comments by property owners in order to facilitate a friendly development in a use for this property.
Council President Higgins also announced that the Opening Day Parade for the Cumberland Youth Baseball and Softball League is Saturday, April 26, 2008 starting at the monastery at 8:30am and ending at Garvin Field. He concluded by stating that traffic will be stopped on Mendon Road until the parade ends.
CONSENT AGENDA
A. Acceptance of Minutes of the April 2, 2008 Regular Town Council Meeting.
B. COMMUNICATIONS:
1. C-08-23 – A letter from the Town of East Greenwich seeking support of a resolution that they adopted on March 24, regarding a Resolution to the General Assembly in Support of House Bill 2008-H 7776
2. C-08-24 – A letter from the Town of South Kingstown seeking support of a resolution that they adopted on March 24, 2008, regarding placing a $15 million State Bond Referendum for Open Space Programs on the Ballot for the General Election
3. C-08-25 – A letter from the Town of Portsmouth seeking support of a resolution that they adopted on March 24, 2008, regarding a Resolution to the General Assembly in Support of House Bill 7108 (An Act Relating to Labor Relations)
4. C- 08-26 - Marie Lyons of Cranston was appointed to the position of part-time Children’s Assistant, filling the vacancy created by the departure of Laura Fry for full-time employment.
C. DEPARTMENT REPORTS:
Parks and Recreation Department
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES-
A. VICTUALLING HOUSE LICENSE
1. An application for a Fourth Class Victualling House License from Demetrius Sampalis for KD Donuts, Inc. d/b/a Dunkin Donuts located at 4120 Mendon Road (tabled from April 2, 2008)
Council President Higgins explained that they have had extensive discussions on this item due to the fact that there is pending litigation concerning it. He added that they met last week to discussion the legal ramifications of this issue and to seek the advice of their Solicitor as well. He stated that during that meeting they were advised that although this location has some zoning issues that would be contrary to local ordinances, State Law supersedes that. He further stated that this is based on case law, which has been interpreted by the Solicitor to hold that when as acting as the Board of Licenses, the Council can not put any restrictions or conditions on the granting of the license other than those provided by the Department of Health issues.
Councilor Morris stated that during that meeting there was some discussion about potentially approaching the applicant to see if they were amiable to a zone change. She asked if there has been any response to that request.
Thomas Hefner, the Town Solicitor, responded that he did have that discussion with Mr. Kirby a few days following that meeting but he does not know what his position is at this time.
Mr. Kirby stated that he received correspondence from Mr. Hefner he believes was dated April 14th indicating that the Council had instructed him to convey to 4120 Mendon Road LLC that the Council would take it upon its own initiative to rezone the property to a C-2 zone. He also stated that for the record that they do not have an objections if the Council cares to rezone the property but emphasized that their agreement is not based on a condition that the license be withheld until that happens and it is not an admission or implication that they agree with the position that they need further zoning or relief of any sort for the proposed uses that they have at the property.
Council President Higgins explained that one of the reasons is that the size of the building is excessive for that particular zone which has obviously gotten by a couple of Town bodies or it was not probably know in the case of the Zoning Board what the conceptual plan of the building was but the Planning Board at that point had granted the Special Use Permit. He concludes that they are trying to make it right for the future in terms of the applicant's use as well.
Councilor Morris stated that her position and concern was about the effect that allowing this use to go forward without proper zoning would have on the rest of the Town. She added that when this first came up her position was and still is that this needs to be changed to the proper zoning and once that is done she will be completely satisfied. She mentioned that she has been to the store and she does not seen any limits to changing the zone based on the site and she does appreciate the applicants interest in accomplishing this for the Town.
Council President Higgins stated that the issue that was raised the last time was when the zone change is made, whether it would require the applicant to go back to the Zoning Board for the special use permit, and he believed that it is Councilor Morris’ position that the Council can exempt that process.
Councilor Morris explained that she is a land use attorney and she believes that the Council can make any conditions that they want but the Solicitor can speak to this. She added that the way that she looks at it from a practical standpoint, the Planning Board did in fact look at this proposal with the Dunkin Donuts so it is like getting a recommendation from the Planning Board anyway, nothing is going to change so in terms of exempting them from the special use permit she does not see a problem with it.
Mr. Hefner explained, for the edification of the neighbors present, that the only issue that is before the Council tonight in relation to the license is whether or not it meets Department of Heath code. He further explained that by case law they are not allowed to take in zoning issues. He stated that he looked into the issue of going from a C-1 to C-2 as to this particular facility has no effect at all because they are both allowed by special use permit or by right but he does caution that if the Council chooses to do that they should eliminate certain uses in the future such as the did with the CVS on Broad Street. He concluded that this can be done properly with no prejudice to the applicant.
Council President Higgins asked if the Council can initiate that process.
Mr. Hefner replied that they can do that.
Councilor Morris clarified that although the beginning discussions were that this Dunkin Donuts portion was a fast food use, the building official has taken the position that this is retail trade over 2500 square feet she believes that it is simply allowed under C-2 so under the opinion of the zoning official no further relief would be necessary.
Councilor Mutter stated that this whole issue has been centered around the zoning; it is was never about anything other than that and how that relates to the administrative function of the Council when granting licenses. He also stated that he thought there was a good debate and he commended the Council for that debate. He claimed that he was not at the legal proceedings but it had been represented to him that the attorney for the applicant represented his opinions of the last meeting to have something to do with something that happened a few years ago which involved what he considers an egregious ethical lapse but his entire argument was based on the letter the Council receives for every license from the Town Clerk where he questioned the Building Official’s use of use Code 56 which he questioned. He recalled that the attorney for the applicant agreed with him and offered it as a possible typo and he wants to make it clear that his argument that evening whether or not it was good or not had nothing to do with what happened in the past.
Councilor Lemois stated that he has spoken against this and has had the opportunity to visited the facility which he complimented the owners for a very professional, clean and well run operation. He also stated that he believed that the zone change would make the licensing and zoning as clean and professional which was his only concern in the past weeks. He concluded by wishing the owners much luck with their business.
Council President Higgins explained that it has been determined that there is currently an appeal before the Zoning Board of a lack of determination by the Building Official concerning this property and it has been determined by the Solicitor that is the proper venue to hear zoning issues and this action of approving the license in no way affects the appeal.
Tara Capuano was presented and stated that she was formerly an alternate on the Zoning Board who sat on the Zoning Board as an alternate when this original application was heard. She applauded the Council for what they had done in the last couple of weeks to determine their proper position as far as licensing is concerned. She also applauded the suggested zone change process because that was one of their major concerns. She mentioned that their other concern was the fence surrounding the property, which could be a health and safety concern because there have been children climbing through the fence. She concluded that they were promised a perimeter fence and they were not given it.
Council President Higgins stated that is clearly a condition of the special use permit and he does not believe there is not any legal dispute on that but it is his understanding that the Solicitor spoke to them and they had agreed to install the fence.
Mr. Hefner explained that the fence issue he was referring to was seven weeks ago when the fence had not been put up yet because the site work had been not done but the fence has been put up since. He added that he had a discussion with a gentleman earlier this week and there is approximately 30 feet of fencing that he believed should have been included and also a light that is shining too directly in the neighborhood that could be redirected which he planned to speak to Mr. Kirby and his client about.
Council President Higgins stated that the Planning Board decision specifies a stockade fence.
Mr. Hefner explained that he believed that the fence that is there is better than a stockade fence.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL. VOTE 7/0.
B. EXTENDED HOURS LICENSE-FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. An application for an Extended Hours License from Demetrius Sampalis for KD Donuts, Inc. d/b/a Dunkin Donuts located at 4120 Mendon Road
2. An application for an Extended Hours License from Tony El-Nemr for Noruria Energy Retail, Inc, d/b/a Cumberland Shell located at 4120 Mendon Road
C. HOLIDAY LICENSE:
1. An application for a Holiday License from Demetrius Sampalis for KD Donuts, Inc. d/b/a Dunkin Donuts located at 4120 Mendon Road
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL. VOTE 7/0.
FINANCE REPORT:
1. General Fund financial Report as of 3/31/08 for the current FY 2007-2008 period.
Tom Bruce, the Finance Director, explained that previously at their meeting debt service was estimated next year at $5.1 million dollars and part of that is the $1.655 million for the Phase 3, $30 million dollar bond. He adds that they have been working with financial advisers, First Southwest, in terms of restructuring their first year payment and it will bring this particular issue when it is finalized by RI Building and Housing Corporation which they are required to go through a $300,000 dollar drop from $5.1 to $4.8, estimated. He stated that although it had not been completed in terms of the bond issuance it is highly likely that per minimal principal payment structure for next year will help them with the enormous amount of pressure. He also stated that the other item of savings involves a resolution that Bond Counsel is preparing in terms of refinancing of three separate bond issues. Interest rates have decreased; the town is currently paying 4 ½% on general obligation bonds over 20 years; the refinance itself has a net present value savings of 3.8, which means we should proceed because the savings is large enough. For the first year, savings would be approximately $532,000; add that to the $300,000, and we have eased next year’s budget gap by over $800,000. We just have to execute both issues and ensure that this happens and it will occur in the middle of June; we will know all these figures by then.
The other front is health insurance. Although we are still shopping with the School Department and the Coalition with Mayor McKee’s help, our experience is that most of our insurance is claims driven; that increase is projected to be about 6% by our underwriters; much lower than any other recent year.
Water bills went out right after our legislative process. The due date is April 30, and it is easing cash flow pressure, as well as the April 3 closing on the Tax Anticipation Notes. He is concerned by the current process of tax bills, which will be dealt with at a subsequent meeting, as well as a May 12 payroll that must be focused on as a priority over other cash disbursements. When May tax bills are sent out, they will help ease the burden. During May and June, approximately $20 million is brought in.
The plan to purchase computers for the schools and a plan involving a master lease when the ADS Elementary School Construction Contract was approved is still in place; we had $3.5 million in financing, of which $1.1 million involves the master lease; the process was put out to bid and we came in with a very low 3.11% interest rate so when we move on these projects we will enjoy that rate.
Both the elementary and high school projects are falling into place with regard to the budget.
We have collected 93.44% of the 2007 Tax Levy of $25 million as of March 31st; which compares favorably with prior years. He feels that we will at least collect 98.5% of the total. There are 280 properties scheduled for tax sale, and 181 letters are going out to taxpayers who have not paid fourth-quarter taxes. Receivables for 2007 taxes as of March 31st are $2.2 million, which is higher than the 3 previous years. He noted various accounts that are lagging, those with deficits and surplus, all of which is listed on his report. He is expecting reimbursement from Beacon Mutual for injured workers by June 30, which should be approximately $200,000.
The proposed budget has a break-even performance – only a slight deficit of $22,296. When the tax levy is set, the deficit will be recaptured. The Town is losing $311,000 financing from the state, which is included in this budget report.
2. School Department Financial Report as of 3/31/08 for the current FY 2007-2008 period.
Alex Prignano, the School Department’s Business Manager, referred to the 3/31/08 report. The projected revenue shortfall is $102,000. Expenditures are tracking pretty consistently and we are where we would expect to be. Some budget transfers and adjustments were made to correct the shortfalls, which will show on the April report. Expenditures shortfall is about $11,000 but this figure does not include fringe benefit reimbursements we will be receiving from a federal grant into the General Fund. Reimbursements of $308,000 will go back to the General Fund for the first three quarters; and he expects total reimbursement to exceed $400,000, which will leave a small surplus (approximately $200,000) at the end of the year. Councilor Higgins asked that the School Committee not spend that surplus, but rather keep it in the budget to offset the anticipated cut in state aid.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #07-12 – An Ordinance relating to the Senior Citizen Tax Deferment Program (last tabled from April 2, 2008)
Councilor Mutter reviewed changes to the original Ordinance. Line 12, Section 1, “and 36-165” will be removed. Line 36, everything after “36-165, Deferment” will be removed and the following will be added: “Section 2. This Ordinance shall take effect upon its passage.”
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT UNANIMOUSLY VOTED TO AMEND LINE 12, SECTION 1, AND LINE 36 VOTE 7/0.
The Finance Committee recommended unanimously to send this Ordinance to the Council with its endorsement.
Mayor McKee provided an explanation of this Ordinance. The Mayor explained that this Ordinance was passed in 2002 or 2003 to help seniors who are living in their homes to stay in their homes. There are currently several dozen seniors using this program, which allows them to defer their taxes until their home is sold or transferred. The Ordinance reduces the qualifying age from 72 to 66, and increases the income levels from $25,000 to $28,000 and from $30,000 to $33,000. Taxpayers have until March 15, 2009, to qualify for the next tax year.
Public Hearing opened at 8:15pm
Public Hearing closed at 8:16pm
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
2. #07-27 – An Ordinance relating to Fair Share Development Impact Fees (lasted tabled from March 19, 2008)
John Aubin of the Planning Department explained that his office is still working on the report regarding this Ordinance, and it should be ready by the next Council Meeting.
Councilor Morris stated that the report must first be brought to sub-committee prior to being put before the Council, so it was decided to table the matter to May 21, 2008.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 21, 2008. VOTE 7/0.
3. #08-04 – An Ordinance for a Change to the Town of Cumberland Zoning Map Assessor’s Plat 35, Lots 3& 4 (last tabled from March 19, 2008)
Council President Higgins explained that Mr. Kelly has asked for a continuance on this Ordinance until May 21, 2008.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 21, 2008. VOTE 7/0.
4. #08-05 – An Ordinance relating to Water Usage Rate Increase (last tabled March 5, 2008)
Counselor Mutter stated that this matter has been in the Finance Sub-Committee for quite some time and will remain in Finance Sub-Committee until the Committee is ready to move forward.
5. #08-09 – An Ordinance in amendment to the Town of Cumberland Comprehensive Community Plan Ordinance (last tabled from April 2, 2008)
Council President Higgins explained that Mr. Kelly has asked for a continuance on this Ordinance until May 21, 2008.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 21, 2008. VOTE 7/0.
6. #08-10 – An Ordinance Authorizing the Placement of Stop Signs on Main Street at the Intersection of Factory Street (Presented by Councilor Albuquerque)
Public Hearing opened at 8:22pm
Public Hearing closed at 8:23pm
Councilor Albuquerque explained that several residents had contacted him because they were concerned about the volume of traffic. Councilor Albuquerque contacted the Police Department, which performed a study of the area and recommended that a four-way stop sign be placed at this location.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. RESOLUTIONS:
1. 07-187 – A resolution relating to the Town of Cumberland Employee Manual
Councilor Mutter explained that this Resolution is still in the finance committee, and asked that it be tabled until May 21, 2008.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 21, 2008. VOTE 7/0.
2. 07-188 – A resolution adopting the Executive Position Description Manual
Councilor Mutter explained that this Resolution is still in the finance committee, and asked that it be tabled until May 21, 2008.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO MAY 21, 2008. VOTE 7/0.
NEW BUSINESS
A. COMMUNICATIONS:
1. A Request from Mayor McKee to discuss the creation a Cumberland Water Commission for Advisory Purposes
Mayor McKee stated that in 2002 or 2003, there was a voluntary water commission which evaluated various issues connected with the water system. Several issues now need to be addressed, and he asked the Council to submit names of qualified persons; he also stated that that he has been meeting with various groups and has asked them to also supply him with names of qualified persons. This group would look at the financial side regarding rates and deficit reduction as well as water quality issues and improvements and methods to achieve those improvements though either borrowing or structure accounts. This has become a front-burner issue, and it needs to be addressed over the next 12 months so that the Town can maintain its bond rating. The Mayor asked that the Council supply him with the names of qualified individuals before the end of the month.
Council President Higgins stated that the initial commission was established in 2001 by a resolution. He asked Mr. Hefner why it was done by a resolution as opposed to an ordinance.
Mr. Hefner replied that the Town Charter allows the Council to legislate by rule, resolution, or ordinance, and that he did not believe that this commission required an ordinance.
Council President Higgins stated that perhaps this commission would be easier to locate if it was done by an ordinance rather than a resolution.
Mayor McKee noted that this was an advisory commission only and not a commission that has authority. This is a function where interested parties who live in the town can help improve the financial integrity of the water department as well as the service level and quality of the water department.
2. A Request for recommendation to the Planning Board on the Comprehensive Permit Application of Fred Pesaturo and Roy Gemma for a proposed 5 office unit and 4 residential unit mixed use development on the property located at the intersection of Albion Road and Mendon Road being AP 58, lots 81, 82 and 83 located in a R-1 zoning district
Mr. Aubin stated that the Planning Board has the authority to review and accept applications for low and moderate income housing under the Cumberland Land Development Subdivision Regulations. Under these provisions, the Planning Board sits as the reviewing authority over these applications. Mr. Aubin stated that Councilor Morris had questioned whether the Planning Board’s authority extends to these documents as this application includes a zone change and some amendments to the Comprehensive Plan and Mr. Aubin stated that he feels the Planning Board does. Another question that has been raised is whether the comprehensive permit application process can be utilized for commercial as well as residential purposes; Mr. Aubin stated that he believes it can. He stated that our comprehensive plan does call for small-scale mixed use development. The current application was placed in front of the Planning Board on March 26. There was not a substantive hearing, but Mr. Aubin did recommend to the Planning Board that this application be referred to the Town Council, Zoning Board, and Conservation Commission for recommendation.
Councilor Higgins questioned how an application qualifies under the Comprehensive Permit statute. Mr. Aubin explained that the application must include 25% affordable housing. This application initially contained 1 of the 4 residential units; subsequently the applicant agreed to raise that to 2 of the residential units. Mr. Aubin stated that the purpose of the provisions was to allow an applicant who met this requirement a “one stop shop” regarding municipal reviews. Council President Higgins noted that the provisions do not specifically address the use of mixed use development, to which Mr. Aubin replied that while it does not specifically address that use, the application form does state that this procedure is only available for proposals with 25% of affordable housing. Our Comprehensive Plan encourages mixed use development. Though this property is currently zoned as R-1, they are also seeking a zone change to C-1, which is mixed use. Mr. Aubin feels that his opinion that the Planning Board has authority over this application is consistent with the General Law provisions.
Councilor Morris stated that she would like some authority, case law, precedent, etc., that would allow this to fall under the Comprehensive Plan regulations. She is concerned because of the mixed use, and wants to ensure that the zoning is proper.
Council President Higgins questioned if Mr. Aubin’s decision that this project qualifies was based on the statute, and Mr. Aubin stated that he was because 25% of the units were affordable. Council President Higgins asked if there was a procedure available to an applicant to appeal a decision of the Planning Board. Mr. Aubin stated that there is an appeal procedure should the applicant wish to appeal the decision.
Mr. Hefner explained the appeal process in further detail. He stated that he was unaware of any other project for affordable housing that included commercial, but based upon his reading of the chapter it is not excluded. He explained that the Planning Board has the authority to act as the Town Council and grant a zoning change, and also act as a Zoning Board and grant a variance.
Councilor Morris suggested that the Town Council look into this further because by the statute being silent, an applicant could apply to construct any type of commercial development, and just tack on a few residential units to qualify. Mr. Aubin stated that at that point it would be the Planning Board’s responsibility to review the application and determine whether the application fits into with the criteria for approval. Mr. Aubin stated that it is the board’s obligation to review each application and determine if it fits the criteria for Affordable Housing and if it fits into the Comprehensive Plan.
Councilor Mutter questioned why it was on the docket. Mr. Aubin stated that it was before the Council, just as it appeared before the Zoning Board, so as to give those bodies that the application normally would appear before an opportunity to make recommendations. Mr. Hefner further explained why it was before the Town Council – a zone change needs to be made, and the Council needs to consider whether they would agree to a zone change or not. Councilor Mutter questioned whether they were expected to make a zone change decision tonight, without all the requirements that are normally required (such as advertising, public hearing, etc.). Mr. Hefner stated that the Council was just to give a recommendation because the Town Council does not have the authority to act in this case. Councilor Mutter moved to deny because it is not consistent with the Affordable Housing component of the Comprehensive Plan; seconded by Councilor Morris for discussion.
Mr. LaManna, attorney for the applicant, stated that the Town Council’s only function is to make a decision on whether the Town Council would prefer, if the application is approved, that it be granted with a zone change or a zoning variance. The Planning Board can deny or approve the application. He referred the Council to General Laws §45-53-4 regarding the powers of the Planning Board.
Councilor Morris questioned why just 4 residential and 5 commercial, instead of just all residential.
Mr. LaManna stated that the developers felt the mixed use was a better fit to the area—transitional from residential area to a commercial area.
Councilor Morris stated that she wants to be sure that commercial property is allowed within this Comprehensive Plan application.
Mr. LaManna was unable to provide specific examples of this in Rhode Island, but stated that it has occurred in other states.
Councilor Morris asked that minutes, etc., note any concerns the Town Council has pertaining to the application.
Councilor Mutter stated that he feels that the first step by developers should be to seek to amend the Comprehensive Plan prior to going to the Planning Board. Mr. Aubin stated the General Laws sets a very specific procedure to follow.
MOTION TO GIVE AN UNFAVORABLE RECOMMENDATION TO THE PLANNING BOARD BY COUNCILOR MUTTER BASED UPON THE FACT THAT IT IS NOT WITHIN THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO DENY. VOTE 7/0.
A 5 MINUTE RECESS TAKEN
B. RESOLUTIONS:
1. R-08-45 – A Resolution Authorizing Installation of New Roofing, Downspouts, and Facia at Manville Well #1 Building and Manville Well #2 Building
Chris Champi from the Water Department explained that both of the roofs leak; quotes were obtained in November but it was too cold to proceed. The bid of $10, 579 was the lowest of four. Mr. Champi explained the purpose of the buildings - pumps, electrical, etc., located within.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-08-46 – A Resolution Authorizing Removal and Replacement of Failed Submersible Pumping Equipment at Satellite Well #1A and Redevelopment of Satellite Well #1A
Mr. Champi explained that the satellite well failed and must be removed; at the same time the well should be reconditioned. Total cost is approximately $10,000. This was not put out to bid - it was an emergency because it must be running for the summer or there will be problems providing water.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-08-47 – A Resolution Authorizing the Mayor Daniel J. McKee to Enter into a Purchase and Sale Agreement for Purchase of Tax Assessor's Plat 53, Lot 1604
Mayor McKee stated that a couple of years back this property was sold to the Northern Rhode Island Collaborative and at that time they intended on make 17 classrooms. However, their business plans have changed and now have approached the town, based on discussions at the time of the transfer, to have first right of refusal to the property. The purchase has been negotiated for $625,000 which is below the town's appraisal. The way the property would be paid for would be negotiated with Valley Falls Affordable Housing to purchase approximately four acres of the property for $400,000, and the remaining balance would be financed over a two year time frame with the NRIC for an interest rate at prime.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-08-48 – A Resolution the Sale of a Portion of Tax Assessor's Plat 53, Lot 1604 to Valley Affordable Housing Corp.
Mayor McKee gave a little history on the Affordable House and Comprehensive Permit in the Town of Cumberland. He states that we were the first to receive the application from Highland Park, a few years back, which was appealed by the town, Mayor McKee, and the Town Council; and they sued the Zoning Board to protect the town against it. Mayor McKee states that this is exactly what the council members had talked about in terms of taking zoning approval power from the appropriate elective bodies. So on the Comprehensive Permits he does not stands against any applicant, but he does stand against the concept and legislation of taking away the powers of the Town Council, in this case to create zone changes.
This particular piece of property was the first community in the State of Rhode Island to have an approved Affordable Housing Plan. This proposal will be ahead of schedule, which requires the town to provide ten affordable housing units per year on average. Mayor McKee's position for the town is to encourage affordable housing but on a pace and density that makes sense to the community. He states that this particular piece is giving the authority to proceed with affordable housing, which is good for the Town, and good for Affordable Housing. Valley Affordable House has already been pre-approved for Federal Funds to build 42 one bedroom units on this property. With the financing in place, the state approval plan, and it fitting in with the town's plan, he asks the council to approve this resolution.
Council Ackerman stated that her district is first concerned was what would become of this property and secondly with congestion on this road. She believed putting affordable housing for the elderly is the best scenario that anyone could ask for. But with that said, she would like see the remainder of the property, the 4 acres, to remain as open space.
President Higgins stated that this is a win-win situation, and it is one of the best things that this administration has done with the assistance of Valley Affordable Housing. This will save the Town a huge amount of money because they could have built multi-family houses which would have brought thousands and thousands of school-age children into our school system.
President Higgins stated that Resolution 02-175, under the section of the ordinance dealing with disposition of Public Property, required extensive things to be done such as advertising, opening hearings to the public, and so forth; however, the section cited does permit the council to wave that and allow the council to vote.
Mayor McKee publicly acknowledged the NRIC for stepping up, in terms of honoring that first right of refusal. As everyone knows coming up with this $640,000 now is not the best time for the town.
President Higgins asked Mr. Hefner if the language is sufficient or would an amendment be needed.
Mr. Hefner stated that it not included in the Charter but it is in the ordinance. He would feel more comfortable if the resolution is passed and also an ordinance before the actual sale of the property; however, if the Town Council would like to waive everything, waiving all provisions that precedes the ordinance prior to the closing.
President Higgins stated that this resolution R 08-48 has in the body that the Town has all ready entered into a purchase and sales agreement.
Mr. Hefner stated that this is a mistake.
President Higgins read Section 1 line 16 of the resolution 08-48 which states, The Town has entered into a Purchase & Sales Agreement.
Mr. Hefner stated that it is inaccurate, it is desirous of entering into an agreement. This resolution is to authorize the Mayor to enter into a purchase and sales agreement. He asked that an amendment be made to line 16 sticking the words "has entered" and replace it with "desirous of entering."
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILORS MORRIS AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 16 BY STRIKING, "HAS ENTERED" AND REPLACING IT WITH "DESIROUS OF ENTERING". VOTE 7/0.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. R-08-49 – A Resolution an Increase to the Approved amount of the Existing Contract with Dillon Acoustical Ceiling, Inc. of Smithfield, Rhode Island in an amount not to exceed $1,374 for the Installation of Acoustic Drop Ceiling Tile in the Nurses Office and Gym Restrooms as a portion of Part III of the CHS2010 Phase III Project at Cumberland High School
Mayor McKee stated that he toured the Cumberland High School with Jeff Morris, Richard (Dick) Lynch, past principal of Cumberland High School, Richard Charland, Gene Conway, and Donna Morale, and the CHS project is looking good. He stated that it was a great tour especially with those individuals who have a long history with the school.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. R-08-50 – A Resolution Authorizing an Increase to the Approved amount of the Existing Contract with AZ Tech Forms, Inc. of Cranston, Rhode Island in an amount not to exceed $1,950 for the Trench Drain Installation as a portion of Part III of the CHS2010 Phase III Project at Cumberland High School
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
7. R-08-51 – A Resolution Authorizing an Increase to the Approved amount of the Existing contract with Commercial Electric, Inc. of East Providence, Rhode Island in an amount not to exceed $4,094 for Electrical Services and Wiring for the Dishwasher, EPO Panels, and Fume Hood as a Portion of Part II of the CHS2010 Phase III Project at Cumberland High School
Councilor Mutter stated that there was some discussion on Resolution 08-97 to create that fund which would be approved by the Building Committee and the Mayor. Councilor Mutter asked Mr. Morris if it was approved.
Mr. Morris responded yes.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
8. R-08-52 – A Resolution Authorizing an Increase to the Approved amount of the Existing Contract with Essex Newbury North Corporation of Newburyport, Massachusetts in an amount to exceed $2,575 for Modifications to the Pool Speaker System and the Replacement of two doors as a portion of Part III of the CHS2010 Phase III Project at Cumberland High School
Councilor Morris asked what doors are need to be replaced? Mr. Morris responded the old doors in the lower portion of the Transitional Building.
Mr. Morris explained that the old system had a clock and speaker system combination that has been removed, but the clocks are still there, about nineteen clocks, which needs glass fronts.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
9. R-08-53 – A Resolution Authorizing an Increase to the Approved amount of the Existing Contract with Essex Newbury North Corporation of Newburyport, Massachusetts in an amount not to exceed $3,900 for Construction of a New Office as a Portion of Part III of the CHS2010 Phase III Project at Cumberland High School
Councilor Kirkpatrick asks Mr. Morris to explain this resolution.
Mr. Morris stated that there was an administration office added in the science café portion. The most extreme classroom of the pool building, which was a 30x30 typical classroom, one large room, has been divided. He explained that the Vice Principal needed a separate office within that room to perform administrative duties, away from the secretary. He concluded that the first office is for the secretary in the main part and the children sit outside.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
10. R-08-54 – A Resolution Authorizing an Increase to the Approved amount of the Existing Contract with Robert F. Audet, Inc. of East Greenwich, Rhode Island in an amount not to exceed $1,700 for the Installation of Low Voltage Switches as a Portion of Part III of the CHS2010 Phase III Project at Cumberland High School
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PUBLIC COMMENTS:
Council Lemois asked if this is the last of the resolutions for the Cumberland High School Project.
Mr. Morris responded that there are still some minor things to be done.
ADJOURNMENT:
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:43PM. VOTE 7/0. VOTE 7/0.
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Sandra M. Giovanelli, Town Clerk