| 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, AUGUST 20, 2008
EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
REGULAR SESSION
The meeting was called to order at 7:39p.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
1. A presentation of a Commendation to Patrolman Manny Nunes for apprehending three individuals involved in bank robberies that occurred in Cumberland and Woonsocket.
Chief Desmarais and Mayor McKee recognized Patrolman Manny Nunes and presented him with a commendation for his action on Friday, July 25th after hearing information on the Police Scammer from the Woonsocket Police Department regarding a Bank Robbery on Social Street by responding to the Highland Corporate Park area where you to post and ultimately made an arrest that resulted in the capture of the bank robbers from the incident in Woonsocket as well as other local robberies.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of July 16, 2008.
B. 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. FOURTH CLASS VICTUALLING HOUSE LICENSE:
1. An application for a Fourth Class Victualling House License from Demetrios Haseotes for Mendon Road Leasing Corp. d/b/a Public America located at 1754 Mendon Road
Public Hearing opened at 7:44pm
Public Hearing closed at 7:45pm
Councilor Mutter asked if this is the 24 hour gas station on Mendon Road and why would they be requesting this license now.
Tom Hefner, the Town Solicitor, explained that this party that is requesting the license now originally held the license but somehow lost the business to the people who were running the business up to a couple of months ago and as a result of a court order are now back running the gas station unaware that they needed to reapplying for another license.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL, DIVISION OF TAXATION APPROVAL AND PAYMENT OF OUTSTANDING TAXES. VOTE 7/0.
B. HOLIDAY SALES LICENSE:
1. An application for a Holiday Sales License from Demetrios Haseotes for Mendon Road Leasing Corp. d/b/a Public America located at 1754 Mendon Road
Public Hearing opened at 7:46pm
Peter Mancini, attorney representing Mr. Haseotes, clarified for the record that the application is a new application due to the fact the business has regained the location due to a Supreme Court decision that was rendered two months ago. He added that it is not a Gulf Station any longer but it is still operating as it was previously.
Public Hearing closed at 7:47pm
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL, DIVISION OF TAXATION APPROVAL AND PAYMENT OF OUTSTANDING TAXES. VOTE 7/0.
FINANCE REPORT:
1. General Fund Report as of 6/30/08 for the FY 2007-2008 period.
Tom Bruce, the Finance Director, started by recalling that the Council at their last meeting approved Tax Anticipation Notes and Water Fund Rate Anticipation Notes and he reported back that the sale that occurred a week and half later interest rate was 1.88 percent . They did very well in a competitive sale and Bank of America was the favorable vendor who paid a premium back to the Water and General Funds combined about $60,000 which brought that interest rate down slightly to 1.88 percent. He added that tonight’s report focused on General Fund for previous fiscal year. He informed that the Town Charter requires a financial report to be delivered by September 30th which he plans to give them more final figures in September in adherence of that Charter requirement. He stated that they are currently at 107.89 percent of budget collected for the 2008 May tax bill. He also stated that they budgeted at 44 percent so this differential of approximately 47 percent is very encouraging which is un-audited and reserves the right to come back to them in June with any type of final adjustments. He pointed out that the 2007 taxes are going to end up less than budgeted and he is estimating somewhere around $316,000. He continued by stating that account along with other revenue accounts are going to offset those other unfavorable deficiencies and the total tax collections budget is $48 million dollars and they have collected $49.3 million. Mr. Bruce concluded that expenses have held their own.
Councilor Mutter commented that last year they didn’t finish nearly as a good a situation. He added that this was a difficult year and there were things that they had to do such as levy corrections, budget amendments and reduction in expenses to accomplish that task. He concluded that this was a personal task that they should all be happy about that and acknowledges everyone who took part in this accomplishment.
OLD BUSINESS-
A. ORDINANCES FOR PUBLIC HEARING:
1. #06-28A – An Ordinance relating to the Zoning Ordinance (Lasted tabled from May 2, 2008)
Council President Higgins explained that this is the final zoning product however his recollection is that they opened a public hearing sometime in November of 2007 and recessed but there are certain time guidelines set forth in the ordinance as it exists now as far as amending the zoning ordinance. He stated that the Solicitor has suggested that this be withdrawn and submitted as a new ordinance so that they can start the clock fresh.
Councilor Morris stated that the Ordinance Sub-Committee did extensive revisions when they received it last year and it is her understanding that the Comprehensive Plan is almost ready to be submitted to the full Council and she thought that the best way to handle this is to have the Plan submitted at the same time and have the Planning Director, Mr. Aubin go through this one last time to make sure there are no tweaks they need relative to his revisions to the Comprehensive Plan.
Council President Higgins informed that this revised ordinance will be on their next agenda with a new number at which point they will refer it to the Planning Board and Ordinance Sub-Committee.
Mr. Hefner stated that he would prepare a new ordinance for submission on September 3rd meeting. He also stated for the record that he completely agrees with Councilor Morris’ comments regarding the Comprehensive Plan. He concluded that the Administration would like to withdraw this ordinance.
2. #08-04 – An Ordinance for a Change to the Town of Cumberland Zoning Map – Assessor’s Plat 53, Lots 3 & 4 (last tabled from July 16, 2008)
Peter Mancini, attorney representing the Developer, Regional Development asked the Council to give them the indulgences to continue this ordinance and the next ordinance as the developer is intending to going back to scaling the development down. He added that originally this was set forth for a proposal for a hotel and at this point they are going to withdraw the development of the hotel, however, they think that what would be appropriate and consistent with the area is a smaller commercial scale development.
Council President Higgins stated for the record that earlier in the week they received a letter from counsel’s office requesting that they be allowed to withdraw these ordinances but due to the political climate of the Town and it has been his feeling all along that the developers of this lot have an intense desire to work with the neighborhood rather than fight with them. He explained that there is the possibility under an appeal of 17 to 30 house lots going in on this property and he is glad that they are still going to have the opportunity to have something on a smaller scale on this property if it is appropriate.
Councilor Morris echoed Council President’s comments and added that they do appreciate that the developer has spent time with the neighbors through neighborhood neighbors and the developer has certainly listened to the neighbors concerns. She also stated that they appreciate the developer’s interest in looking for something else that might be compatible there instead of continuing their potential quest for the low and moderate housing which would create very dense development.
Council President Higgins stated for the record that this ordinance remains in the Ordinance Sub-Committee they just had it put on the agenda to keep everyone up to date.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 1, 2008. VOTE 7/0.
3. #08-09 – An Ordinance in Amendment to the Town of Cumberland Comprehensive Community Plan Ordinance (last tabled from July 16, 2008)
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 1, 2008. VOTE 7/0.
4. #08-17A – An Ordinance establishing the Water Department Budget for the Fiscal Year 2008-2009 (tabled from July 16, 2008)
Councilor Mutter explained that the Finance Sub-Committee met on this ordinance and made the recommendation for passage to the full Council.
Council President Higgins asked the Solicitor is this only required one public hearing and one vote.
Mr. Hefner replied that Mr. Higgins was correct.
Council President Higgins stated for the record that the ordinance before them is an amended version.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO ACCEPT 08-17A, IN ITS FORM FOR THE WATER DEPARTMENT BUDGET IN THE AMOUNT $5,445,227. VOTE 7/0.
Public Hearing opened at 8:08pm
Alan Brodd, the Water Superintendent, stated that they have worked to come up with an ordinance that provides sufficient funds for the Water Department to perform its critical function and also address debt reduction and payment of monies owed to the general fund. He pointed out that he believes that they accomplished all of that and they established a new line in the budget, debt reduction surcharge, which is the mechanism by which the general fund will be repaid.
Council President Higgins read the ordinance into the record and noted that this is $50,000 less than originally proposed even though there is an increase in revenue.
Public Hearing opened at 8:09pm
Councilor Mutter states that there is an analysis accompanied with the packet that delineates how they arrived at the $360,000 as a debt reduction surcharge through a separate line. He explained that in years past it has been in the budget but that money has not gone for that purpose.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
B. RESOLUTION:
1. R-08-87 – A resolution relating to contributions to ERSRI on behalf of Denis Couture
Mr. Hefner explained that this issue addresses an issue relating to Dennis Couture who previously was a member of the Rescue Department for the Town until he was injured on or about 1990-1991. He added that rather than go out on disability he continued to work as Telecommunications at the Police Department and for some unknown reason for the of December 28, 1991 to October 2, 1994 the Town neglected to pay the percentage that it should have paid into the State Retirement System for Mr. Couture. He mentioned that not only that the Town failed to pay in but there is a strong possibility that Mr. Couture deductions taken from his weekly pay included money that he should have been contributing but he has confirmed the amount that is owed by the Town and by Mr. Couture for that period through July 24, 2008 in the amount of $13,588.84 with a small additional payment in interest through the end of August. Mr. Hefner explained that this is currently pending in Superior Court for a claim Mr. Couture filed on his behave by his attorney and he has submitted a detailed list of time he has spent on the case which they are asking that the Town pay the attorney’s fee of $3,000.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 42 BY STRIKING THE PERIOD AND ADDING, “, PLUS ADDITIONAL INTEREST FROM JULY 21, 2008 TO AUGUST 21, 2008 AND ATTORNEY’S FEE OF $3,000 WHICH IS DEEMED TO BE FAIR AND REASONABLE.” APPROVE. VOTE 7/0.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 45 BY DELETING JULY 24, 2008 AND REPLACING IT WITH AUGUST 24, 2008. VOTE 7/0.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-08-104 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with CDWG of Vernon Hills, IL for projectors to use with Mimeo 15 for science & other classrooms in amount not to exceed $22,860.00
Council President Higgins explained that this matter was tabled from the last meeting to allow the School Department to produce documentation to indicate whether this had gone out to bid, whether it was on a Master List or was it a sole source provider.
Alex Prignano, the School Department Business Manager, asked that this be withdrawn because they have a new resolution on the agenda that address these items.
3. R-08-105 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Lentines of Fort Wayne, IN for music equipment in an amount not to exceed $20,482.51
Alex Prignano, the School Department Business Manager, asked that this be withdrawn because they have a new resolution on the agenda that address these items.
NEW BUSINESS
A. APPOINTMENTS
CUMBERLAND ZONING BOARD:
Nomination and Appointment of One Alternate to the Zoning Board of Review
Replacing Mary Lou O’Neill-Term ending December 31, 2008
1. Joseph L. O’Donnell of 3 Belmont Terrace, Cumberland
2. Tara Capuano of 2 Sweet Hill Drive, Cumberland
COUNCILOR MORRIS NOMINATED TARA CAPUANO FOR APPOINTMENT TO THE ZONING BOARD AS AN ALTERNATE, TERM ENDING DECEMBER 31, 2008, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
CUMBERLAND Parks and Recreation
1. Lisa M. Anderson of 166 Fiske Avenue
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. CLAIMS:
1. Attorney DeLuca c/o Phillip Robzyk
Referred to the Town Solicitor and/or The Trust
2. Attorney McQueeney c/o Maryann Doster
Referred to the Town Solicitor and/or The Trust
3. Attorney Gallucci c/o Richard J. Blais
Referred to the Town Solicitor and/or The Trust
C. RESOLUTIONS:
1. R-08-112 – A resolution authorizing Mayor Daniel J. McKee to enter into an agreement with the City of Woonsocket to create an Emergency Water Connection between the two communities and to apply for any available State or Federal grants for the project.
Mayor McKee explained that this is another move they are trying to make to improve the water quality in the area.
Alan Brodd, the Water Superintendent, explained that there are three projects that have been identified as being critical to improvements to the water quality. He added that this is the first of three which is a first step that will allow them to enter into an agreement with the City of Woonsocket. He added that if the Council were to vote favorably then it will go before the Woonsocket City Council and if they vote favorable on it then they have the opportunity to seek grants from the Board of Water Resources to pay for at least 50 percent of the project.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-08-113 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Hub Technical Services of South Easton, MA for 30 projectors in an amount not to exceed $23,850.00.
Councilor Morris asked for clarification as to why the original resolution withdrawn earlier was lower than this request.
Alex Prignano, the School Department Business Manager, explained that this resolution is under a $1,000 more than the original resolution because the projectors are so that the filters will never have to be replaced so they think with a couple of year period they would be ahead of the game.
Council President Higgins asked if this went out to bid.
Mr. Prignano explained that they went through the bidding process and then learned that they could purchase these on the State master bid list.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-08-114 – A resolution authorizing an increase to the approved amount of the existing contract with A.A. Asbestos Abatement Company of Johnston, Rhode Island in an amount not to exceed $3,432 for the removal and disposal of asbestos fire doors, panels, and flooring materials as a portion of part III of the CHS2010 phase III project at Cumberland High School.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-08-115 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Lentine’s of Fort Wayne, IN for equipment and furnishing for the music rooms in an amount not to exceed $17,547.45.
Council President Higgins asked if this went out to bid.
Mr. Prignano explained that they took each of the different major categories that they were seeking and went out and bid each and everyone individually. He added that attached to the resolution should be a spread sheet that will show all the different items and the bids.
Council President Higgins clarified that in the future the bid advertisement needs to be attached to the resolution.
Mr. Prignano stated that none of the items rose to the level that they had to be publicly bid because they were well under $5,000.
Council President Higgins asked the Solicitor if this process of individually going out to bid on each item which was under $5,000 while still providing one company with more than $5,000 worth of work.
Mr. Hefner stated that when he first looked he realized that essentially the nature of these items being separate and apart were all right because they were all under $5,000.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. R-08-116 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Aimsweb of Philadelphia, PA for a student assessment tool in an amount not to exceed $12,438.00.
Dr. Donna Morelle, School Superintendent, explained that this is for the purchase of the software that was discussed during the Budget process. She further explained that this is a progress monitoring tool that will allow the teachers in every elementary school by collecting specific assessment data with regard to student learning and begin tracking that student learning progress in a uniform manner across the school year.
Councilor Morris asked if this is the same system that Ashton School currently has.
Dr. Morelle replied that it is the same system that Ashton has had for the last 18 months. She also mentions that she has a letter indicating that the company is a sole source provider of the Aimsweb software.
Council President Higgins request a copy of that letter for the record at which point Dr. Morelle did in fact provide a copy of the letter to the Clerk.
Councilor Mutter stated that he appreciated that this was before the Council even though he doesn’t believe it needed Council approval because it was in the School Department’s budget. He added that this was a result of the conversation the Council had during the budget season focusing on student assessment and they are hopeful that that discussion will continue. He explained that there is also another portion of that discussion that has not made the docket yet and again probably legislatively doesn’t need Council approval but it would be appropriate because of the previous discussions and cooperation.
Councilor Lemois asked why it is that they don’t need Council approval when the fiscal note reads that it is coming out of our budget.
Tom Bruce, the Finance Director, explained that in the General Fund budget under School appropriation area there are three lines and the $50,000 line item is separately identified which was a directive of the Council when they passed the budget. He concluded that it technically is the School part of the Town budget.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. R-08-117 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a construction contract for Currier Chase Park with Kingston Town Services Co., 39 Jenny Lane, North Kingston, RI for the amount of $9,960.
Mayor McKee explained this resolution along with following two resolutions have to do with making improvements at Currier Park and the funding has come through a Community Block Grant. He stated that Michael Crawley worked with John Aubin on this upgraded that is needed.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
7. R-08-118 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a construction contract for Currier Chase Park with Shanix, Inc., 40 Worthington Road, Cranston, RI.
Council President Higgins pointed out that the amount is not stated in the title but the resolution reads, “in an amount not to exceed $16880.00”.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
Councilor Mutter asked if they need to amend the resolution to include the amount.
Mr. Hefner replied that if they wanted to amend the agenda they can but as long as the resolution is accurate they do not need to.
8. R-08-119 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a Construction Contract for Currier Chase Park with Gym specialist, Inc., P.O. Box 7385, Cumberland, RI.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO AMEND THE TITLE BY ADDING, “IN THE AMOUNT OF $2,365.00” APPROVE. VOTE 7/0.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
D. ORDINANCE FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #08-26 – An ordinance relating to Law Enforcement (Presented by Council President Higgins on behalf of the Administration)
REFERRED TO THE ORDINANCE SUB-COMMITTEE IF THEY SEE FIT
2. #08-27 – An ordinance authorizing the placement of a stop sign on Stoney Brook Court at the intersection of Sunset Avenue (Presented by Councilor Albuquerque)
3. #08-28 – An ordinance authorizing the placement of stop signs on Park Street at the intersection of Oakwood Avenue (Presented by Councilor Albuquerque)
4. #08-29 – An Ordinance relating to Handicapped Parking (Presented by Councilor Albuquerque)
5. #08-30- An Ordinance relating to Sewers (Presented by Council President Higgins on behalf of the Administration)
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY THE ENTIRE COUNCIL, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:05P.M. VOTE 7/0.
______________________________________
Sandra M. Giovanelli, Town Clerk