| 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, FEBRUARY 6, 2008 AT 7:30P.M.
COUNCIL CHAMBERS, TOWN HALL
45 BROAD STREET, CUMBERLAND
REGULAR SESSION
The meeting was called to order at 7:40p.m. by the 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 announces ordinance no 08-01 was advertised for public hearing for this evening by mistake. It is not on the agenda so it will not be heard but it will be advertised again.
CONSENT AGENDA
A. Acceptance of the minutes of the Special Meeting of January 9, 2008 and the Regular Town Council Meeting of January 16, 2008
B. COMMUNICATIONS:
1. C-08-01 – A letter from the City of Newport seeking support of a resolution that they adopted on January 23, 2008, in support of House Bill 7161, which would require voter approval of the host community and the electors of the State of Rhode Island for an expansion of the hours of operation of a licensed video lottery facility between the hours of 1:00 a.m. and 8:00 a.m.
2. C-08-02 – A letter from the D.E.M. regarding an Insignificant Alteration-Permit, Application No. 07-0183 in reference to Assessor’s Plat 64, Lot 624-626, 628-635, 637, 639-645, 696-716, 847-849.
3. C-08-03 – A letter from the Town of Exeter seeking support of a resolution that they adopted on January 7, 2008, in support of providing long term health care for our veterans.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES-
A. FIRST CLASS VICTUALLING:
1. A transfer application from Richard J. Land, Receiver of Every Buddy’s Bar & Grille, Inc. located at 48 West Wrentham Road to Humberto and Emanuela Medeiros of 32 Bushee Road, Swansea, MA
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT UNANIMOUSLY VOTED TO APPROVE SUBJECT TO LETTER OF GOOD STANDING, DEPARTMENT OF HEALTH APPROVAL, PAYMENT OF LIENS AND BACK TAXES. VOTE 7/0.
B. ENTERTAINMENT LICENSE:
1. An application transfer from Richard J. Land, Receiver of Every Buddy’s Bar & Grille, Inc. located on 48 West Wrentham Road to Humberto and Emanuela Medeiros of 32 Bushee Road, Swansea, MA
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT UNANIMOUSLY VOTED TO APPROVE SUBJECT TO LETTER OF GOOD STANDING, DEPARTMENT OF HEALTH APPROVAL, PAYMENT OF LIENS AND BACK TAXES. VOTE 5/0.
Councilors Morris and Albuquerque recused themselves
C. THIRD CLASS VICTUALLING:
1. An application from Leonard Rounds of 71 Lincoln Avenue, Center Falls, for Original Plouffe’s Pies & More located at 802 High Street
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT UNANIMOUSLY VOTED TO APPROVE SUBJECT TO LETTER OF GOOD STANDING, DEPARTMENT OF HEALTH APPROVAL, PAYMENT OF LIENS AND BACK TAXES. VOTE 5/0.
Councilors Morris and Albuquerque recused themselves
D. FOURTH CLASS VICTUALLING HOUSE:
1. A transfer application from Riad Mortada to Alsaied Eieadah of 4 Linwood Drive, Shrewsbury, MA for Neighborhood Variety located at 14 Bound Road
Council President Higgins explains that they are in receipt of a letter in objection from the Cumberland Hill Fire Department. He asks if there is anyone representing the applicant that can speak on this matter, hearing no response he asked the Building Official, Mr. Madden if he could speak on the matter.
Mr. Madden states that this morning he was out with the owner and had him get in touch with the Chief Laflamme but he hadn’t heard from either party. He also stated for the record that he had an issue with the address of 14 Bound Road provided by the applicant because according to 911 records the address is actually 371 Bound Road.
Town Clerk explains that 14 Bound Road is the mailing address.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT UNANIMOUSLY VOTED TO APPROVE SUBJECT TO SATISFYING THE CUMBERLAND HILL FIRE DEPARTMENT. VOTE 7/0.
E. HOLIDAY SALES LICENSE:
1. A transfer application from Riad Mortada to Alsaied Eieadah of 4 Linwood Drive, Shrewsbury, MA for Neighborhood Variety located at 14 Bound Road
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT UNANIMOUSLY VOTED TO APPROVE SUBJECT TO SATISFYING THE CUMBERLAND HILL FIRE DEPARTMENT. VOTE 7/0.
OLD BUSINESS
A. LICENSES-
FOURTH CLASS VICTUALLING:
1. An application from Mahmood Quisar of 90 Girard Avenue, Newport for Kahn & Sons, Inc. d/b/a The Cumberland Spot located at 1152 Mendon Road
Council President Higgins asked Mr. Madden if he could update the Council on this matter.
Mr. Madden states that has met several times with Mr. Quisar last month and he has met all the requirements needed to bring the store and the gas station up to code.
Council President Higgins asked if he had workers compensation policy.
Mr. Madden explains that Mr. Quisar is still maintaining that he is the only person working there and the workers’ compensation commission allows him to have any relatives who work for him to sign a waiver stating that they understand they are not covered.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
HOLIDAY LICENSE:
1. An application from Mahmood Quisar of 90 Girard Avenue, Newport for Kahn & Sons, Inc. d/b/a The Cumberland Spot located at 1152 Mendon Road
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. ORDINANCES FOR PUBLIC HEARING:
1. 07-19 – An Ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 59, Lot 7 in the Town of Cumberland ordains (from Agricultural-1 (A-1) to Agricultural-2 (A-2)) (tabled from September 19, 2007, October 3, 2007, November 7, 2007, December 5, 2007, December 19, 2007 & January 16, 2008)
Public Hearing opened at 7:50pm
Attorney Scott Partington was present to represent the applicant. He explains that the applicant, Mr. Ratcliffe, went before the Planning Board where he received a 4/2 vote for a positive recommendation. He explains that in the absence of 5 votes there really is no affirmative vote. Mr. Partington announced that at the request of the Ordinance Sub-Committee, the Planning Board was instructed to review additional information provided in Sub-Committee at which the Planning Board voted 6/1 for a positive recommendation that this zone change is in conformity with the Comprehensive Plan. He further explains the request by referring to a 1600 feet radius map that demonstrated that the property in question is A-1 and approximately 13 acre parcel that demonstrates the size of the surrounding A-2 lots are more comparable to the size of the lot owned by the applicant than those of the A-1 lots which are much larger. He adds that during the Ordinance Sub-Committee process they requested a conceptual plan which is difficult to come up with something hard and fast as well as hard to spend that money in engineering before you know exactly what you can build. He informs that they did come up with a concept that shows six lots with a considerable amount of open space behind that and they would like to adhere as much as possible to that concept. He mentions that by the time they get a road and with the wetlands they might not even get 6 lots in. He addressed the allowed usage by stating that the only differences between an A-1 zone from an A-2 zone is that in A-1 a nursing home is not permitted where as in A-2 it is permitted only by special use permit. He points out that in the case A-2 zone in order to open a nursing home they would still have to go to the Zoning Board for a special use permit. He stated that when they look at the 80,000 square foot minimum lot size in an A-2 zone that this property is in conformity with what he had showed them in the surrounding areas as far as lot sizes which surrounding them there are a lot of smaller medium density residential parcels. He concluded his argument by clarifying that in his opinion that the property in question is in conformity with the comprehensive plan. He stated that the presented map shows that the requested zone change certainly would make a lot more sense in light of the demonstrated 1,600 square foot radius to be more in keeping with an A-2 zone given the size and location of that lot and finally he doesn’t believe the change would open up this lot to an undesirable use.
Council President Higgins clarified that the lot is currently A-1 but would like to know approximately how many A-1 lots there are in that area.
Mr. Partington referred back to his map and replied that there are 3 very larger parcels and then there are a few much smaller lots. He adds that this would be an appropriate request for their consideration and he thanked the Ordinance Sub-Committee for assisting them in the process.
Councilor Mutter refers to a communication from the Pawtucket Water Supply Board dated November 13, 2007 that stated that their original opposition was based on the entire lot size and the amount of homes that could be developed under A-2 zoning and asked how many homes could be developed under the
A-2 zone.
Mr. Partington replied that under the A-2 zone with 2 acre minimum you could have 6 homes which had been proposed for this through the build out. He pointed out that he is unsure why they would be opposing the size of the lot and it was something that they were going to discuss with them but then they withdrew their objection.
Councilor Morris believes that the Pawtucket Water Supply Board was happy when they saw the concept plan that they submitted because it protects a large area of land and that was something that the Ordinance Sub-Committee was also concerned with. She added that the Committee was just concerned with protecting water but also the Diamond Hill Road and Pine Swamp Road area with a substantial buffer so that as you are riding down Diamond Hill Road and Pine Swamp Road it doesn’t look any different. She explained that in order to accomplish that, the Committee has recommended that the plan submitted to the Planning Board be substantially the same. She stressed the term substantial because she is aware that there are going to be engineering issues that they are going to have to deal but what the Committee voted on was no more than six lots, which that is the most they can get anyway, all of the access has to be off of Fisher Road and that a substantial buffer similar to the one on the conceptual plan remain on Pine Swamp Road and Diamond Hill Road. She believed that once the Pawtucket Water Supply Board was satisfied once they saw that it wasn’t going to be six lots that were going to take up the entire site instead it is going to be six clustered lots with a big conservation area.
Councilor Mutter stated that the letter in their packet doesn’t reflect what Councilor Morris has explained.
Councilor Morris publicized Mr. Ratcliffe is considering selling the development rights to the Town or Pawtucket Water Supply Board in the future which shows that they clearly want to protect a large area of land.
Frank Geary of 97 Orchard Drive, a member of the Conservation Commission and Open Space Commission, was present to speak in favor of the ordinance. He explained that when he first heard about this project he called Alan Champagne from the Pawtucket Water Supply Board, who he has worked closely with in the last 10 years in purchasing property for the Town and getting grants for the Pawtucket Water Supply Board, to ask why he was opposed to this project. He further explained that they saw it as a way to preserve some of the property in Town. He further explained that it is a very important part of Town because it is part of Sylvy’s Brook where it runs into the Reservoir with wetlands leading up to that but there is a higher ground to that and they thought it would be very important to preserve. He recalled when he asked Mr. Champagne why he opposed it and whether there was something he knew that he wasn’t aware of Mr. Champagne was told or was under the assumption that there were going to be 15 houses built on this property but after he explained the project to him he looked at it again and expressed how much the Pawtucket Water Supply Board would love to have that property to protect the open space. He concluded that they have a chance to protect a very important property and he urged the Council to support this project because it is a win for the Town.
Public Hearing closed at 8:16pm
Councilor Morris explained that when a zone change goes before the Ordinance Sub-Committee she personally looks at it as an opportunity and even if this site would only be able to have two parcels they could clear cut on Diamond Hill Road and Pine Swamp Road. She stated that with the cooperation of the applicant and many Town residents they came up with a nice concept plan that gives the applicants what they need but still preserves that rural part of Cumberland.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO APPROVE WITH THE CONDITIONS THAT THERE BE NO MORE THAN SIX LOTS, THAT THERE BE NO ACCESS FROM DIAMOND HILL ROAD AND PINE SWAMP ROAD, ACCESS FROM FISHER ROAD ONLY WITH A SUBSTANTIAL BUFFER IN CONFORMANCE WITH CONCEPT PLAN OR OPEN SPACE PROTECTED BY EITHER A CONSERVATION EASEMENT OR A SIMILAR VEHICLE TO PROTECT THE CONSERVATION OF THAT BUFFERED PROPERTY. VOTE 7/0.
Council President Higgins emphasized that this matter has to still go through the Planning Board process at which point they find that they have to completely revise this and if that is the case and it is not in conformance with this motion they would have to come back before the Council.
Councilor Mutter asked if someone would briefly explain how the first time this matter went before the Planning Board it was 4 to 2 against and the second time it was 6 to 1 in favor.
The Solicitor, Mr. Hefner, explained that there are 9 members on the Board and there needs to be 5 to vote affirmatively. He recalled that there was a vote to deny that failed 4 to 2.
Councilor Mutter asked what changed that between the first vote to the second vote.
Attorney Partington replied that there was a lot of different information presented through the Ordinance Sub-Committee process, specifically a new concept plan and also by that time there was a change of heart of the Pawtucket Water Supply Board.
Councilor Mutter stated that he is in favor of the project he is just trying to make sense of the paper work that has been presented to them. He also mentioned that in years past the recommendation from the Planning Board came in a document form that had all parts of the comprehensive plan and they would answer each portion of it but now it appears to be a one page statement. He suggested that they need to go back and see how they were done and start using that method instead because it was clearer.
2. 07-32 – An Ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinance & map thereof with reference to Cumberland Assessor’s Plat 11, Lot 69 in the Town of Cumberland ordains (from Residential-3 (R-3 ) to Commercial-2 (C -2)) (tabled from January 2, 2008)
Attorney Scott Partington explained that they are withdrawing this ordinance and have simultaneously submitted on this evening for presentation and permission to advertise seeking a less intense of change.
NEW BUSINESS
A. APPOINTMENT-
PLANNING BOARD:
1. Nominations and Council Appointment to replace Richard H. Aitchison due to his resignation
Term ending January 31, 2011
David Brown of 707 High Street
Robert Edwards of 5 Edgewood Avenue
Loriann Moskwa, Esq. of 102B Victory Street
Council President Higgins and Councilor Ackerman recused themselves.
Council President Higgins asked that Councilor Mutter take over in his absence due to recusal.
Councilor Mutter announces that they appreciate applicants and their interest in helping the Town in this adventure and with that said he opened the floor for nominations.
COUNCILOR LEMOIS NOMINATED ROBERT EDWARDS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 5/0.
Council President Higgins and Councilor Ackerman recused themselves.
2. Nominations and Council Appointment to replace Robert R. Pellegrini, Jr. due to his resignation
Term ending January 31, 2011
David Brown of 707 High Street
Robert Edwards of 5 Edgewood Avenue
Loriann Moskwa, Esq. of 102B Victory Street
COUNCILOR ALBUQUERQUE NOMINATED LORIANN MOSKWA, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 5/0.
Council President Higgins and Councilor Ackerman recused themselves.
Councilor Morris stated for the record that these appointments are not due only to resignation but also because those terms had ended so they are not going to complete someone’s term they are being appointed for a full term. She also thanked everyone for applying for this position and acknowledged that at least one person on this list applied twice so she would appreciate any continued interest in other boards should continue to apply because there is enough turn over that they can put interested people in serving the community.
OPEN SPACE COMMISSION:
1. Reappointment of John McCoy, member of the Land Trust
Term ending January 31, 2011
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. Reappointment of Frank Geary, member of the Conservation Commission
Term ending January 31, 2011
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. Nomination and Council Appointment of a resident
Term ending January 31, 2011
Lorraine Hynes of 399 West Wrentham Road
Julie Medeiros of 52 Beach Road
Matthew S. Perry of 8 Anna Mac Drive
Council President Higgins opened the floor for nominations.
COUNCILOR KIRKPATRICK NOMINATED LORRAINE HYNES, SECONDED BY COUNCILOR ALBUQUERQUE AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
JUVENILE HEARING BOARD (Mayoral Appointment):
1. Reappointment of Andrea L. Trottier of 1 Sandy Way – District 5
Term ending September 30, 2010
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND ACKERMAN AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. Reappointment of Ann Marie Lyons of 3 Curran Road – District 1
Term ending September 30, 2010
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR ACKERMAN AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
RESOLUTIONS:
1. R-08-13 – A Resolution Authorizing an Instrumentation Service Contract for the Town of Cumberland Water Department
Mayor McKee explained that these are bids that went out for emergency work and general maintenance work.
Mr. Hefner explained that it might seem by the paper work that there were two bidders but in fact there was only one. He further explained that the second name on the list was from a company that picked up a package but did not submit a bid.
Councilor Ackerman asked if it normal to pay for transportation costs.
Mayor McKee replied that he can’t answer that but he is sure that is consistent with the bid.
Councilor Mutter asked who provided this service to the Town in the past and why aren’t they continuing to service the Town.
Mayor McKee replied that he is unsure but if they have some questions on this matter they should table the matter because he doesn’t believe there isn’t anything pending as far as work.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 20, 2008. VOTE 7/0.
2. R-08-14 – A Resolution Authorizing an Electrical Service Contract for the Town of Cumberland Water Department
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 20, 2008. VOTE 7/0.
3. R-08-15 – A Resolution Authorizing the purchase of new Vehicles Computer Equipment/Custom Installations
Council President Higgins points out that the first three resolutions do not have proper titles because the name of the bidder is omitted he would like all future resolutions to reference the company being awarded the bid.
Chief Desmarais explained that the bid was awarded to DMY LLC who has done some work for the Police Department in the past such as fully equipping the cruisers with computers. He adds that the source of funding is coming from a Justice Assistance Grant fully funded at no cost to the Town.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND LEMOIS UNANIMOUSLY VOTED TO AMEND LINE 7 BY ADDING RESOLUTION AWARDING THE BID TO DMY LLC 12 OF STONEGATE DRIVE, COVENTRY, RHODE ISLAND FOR THE PURCHASE OF NEW COMPUTER EQUIPMENT/CUSTOM INSTALLATION FOR NEW POLICE VEHICLES. VOTE 7/0.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND ACKERMAN IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
4. R-08-16 – A Resolution Authorizing an increase to the approved amount of the existing contract with Ads Construction, Inc. of East Providence, Rhode Island in an amount not to exceed $7,204.00 for General Services for the Cumberland Hill and Ashton Elementary School Renovations and Improvements
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. R-08-17 – A Resolution relating to the Sale of Town Property (located on Beach Road - Tax Assessor’s Plat 64, Lot 22)
Mr. Hefner stated that they were approached by a resident who lives in the general area that thought that this was a tax sale property and he owns the adjoining lot that he thought he could redeem and merge with his lot. He explained that in fact it is a lot that is owned fee simple by the Town and there are numerous more parcels that the Town has tax title to. He added that the resident wanted to buy it and after talking to the Finance Director and the Tax Assessor they looked at it and made the recommendation to the Mayor. He mentioned that the property has been assessed at $22,200 but they are going to have the property appraised. He stressed that this resident is not entitled to it anyone can come in and put a bid on it but the resident did indicate that he had a genuine interest in it because he owns the lot next to it. He concluded that they thought this might be a first step to move forward to address these types of lots that they have just sitting there.
Council President Higgins clarified that this resolution would just authorize the Council to put it on the market and follow the ordinance and they will come back with a specific resolution pertaining to any particular buyer.
Mr. Hefner replied that is correct and explained that what will happen is that they are going to come up with a bid package, advertise it, go out to bid and anyone can come in and bid on it. He adds that in order to sell it legally they would have to prepare an ordinance and come back before the Council.
Councilor Morris asked where the money would go if they sold the property.
Mr. Hefner replied that it would go to the general fund unless otherwise stated in the ordinance at the Council’s request.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
ORDINANCE FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #08-03 – An Ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 11, Lot 69 in the Town of Cumberland ordains (from Residential-3 (R-3 ) to Commercial-1 (C -1))
Councilor Mutter asked that the record reflect that he will be recusing himself from this matter.
REFERRED TO THE PLANNING BOARD FOR FINDING AND RECOMMENDATIONS AND SUBSEQUENTLY TO THE ORDINANCE SUB-COMMITTEE
2. #08-04 – An Ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 35, Lots 3 & 4 in the Town of Cumberland ordains (from Residential-2 (R-2) to Commercial-1 (C-1))
REFERRED TO THE PLANNING BOARD FOR FINDING AND RECOMMENDATIONS AND SUBSEQUENTLY TO THE ORDINANCE SUB-COMMITTEE
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:03PM. VOTE /0.
____________________________________
Sandra M. Giovanelli, Town Clerk