MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 20, 2008 AT 7:30P.M.

COUNCIL CHAMBERS, TOWN HALL

45 BROAD STREET, CUMBERLAND

REGULAR SESSION

 

The meeting was called to order at 7:35p.m. by the Vice President Mutter, in the absence of Council President Higgins.  

 

The meeting opened with the pledge of allegiance to the flag.   

 

MEMBERS PRESENT:

 

Council President Higgins, Councilors Mutter, Ackerman, Lemois, Albuquerque and Morris     

 

Also present Mayor Daniel J. McKee, and Sandra M. Giovanelli, Town Clerk 

 

MEMBERS ABSENT:

 

Councilor Kirkpatrick

 

GENERAL ANNOUNCEMENTS:

 

Vice President Mutter explained that he would start the meeting as they wait Council President Higgins’ arrival. 

                                         

CONSENT AGENDA

 

A.  Acceptance of Minutes of the Regular Town Council Meeting of February 6, 2008

 

B.  COMMUNICATIONS:

 

1.  C-08-04 – A letter from D.E.M. regarding an Insignificant Alteration-Permit, Application  No. 07-0440 in reference to Assessor’s Plat 53, Lot 343, Utility Pole No. 22,

                       Cumberland, RI

 

2.  C-08-05 – A letter from D.E.M. regarding an Insignificant Alteration-Permit, Application No. 07-0399 in reference to Assessor’s Plat 44, Lot 28 and 33

 

3.  C- 08-06 – A letter from The Town of Burrillville seeking support of the following;

•  Senate Bill 2008–S2037, An Act Relating to Public Utilities-Excavation Near Underground Utility Facilities-Costs

•  Senate Bills 2008-S2080, S2086, House Bills 2008-H7058 &H7067, relative to the use of cell phones (and other electronic communications devices) by drivers

•  RIGL 16-7-44 School Housing Project Costs -requesting legislation to amend

 

C.  DEPARTMENT REPORTS:

 

Police Department

Building Official

Animal Control

Tax Assessor

Parks and Recreation Department

Rescue Department

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

LICENSES-

 

A.  HOLIDAY LICENSE: 

 

1.   An application from Fernando & Maria Almeida, 77 Hilltop Road for Valley Floor Covering Inc. located on 144 Broad Street

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

2.      An application from Naheed Yasmin Syed, 609 River Road, Lincoln for Food Mart located on 302 Broad Street

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

FINANCE REPORT:

 

General Fund Finance Report as of 1/31/08 for the current FY 2007-2008 period.

 

Thomas Bruce, the Finance Director, stated that the finance report seven months into the year is very critical because it is rounding the bend on knowing on patterns they have in both revenues and costs.  He added that every single monthly finance report he has given this year has focused on the budget for the 2007 tax levy which is a $25 million dollar account and in the midst of some difficult issues that they are dealing with the fact that the Town has collected 65 percent of the budgeted 2007 tax collections is encouraging.  He pointed out that the 2 percent improvement equates to approximately $900,000.  He stressed that their budget approach this year, for this particular prior year tax levy, was improved to the extent that an account deficit of approximately $900,000 that has previously occurred would be avoided.  He added that for 2006 and prior year taxes the Town has collected 36 percent of budget or approximately $141,000, which compares favorably to the prior year rate of 27 percent.  Mr. Bruce stated that the housing, recording, building permits and reality transfer have amazed him in that their negative performance just keep getting better every month.  He explained that this where in terms of the budget amendment they are considering tonight for the first public hearing and in consideration for their upcoming budget process for the next fiscal year they simply have to down grade these accounts in terms of budgeting.  He further explained that the operating expenses should be in the 30 to 60 percent range, health insurance costs are running favorably relative to budget, incurred health insurance expenses for 7 months at a percentage of 49.76 percent of our $2.15 million budget and the Town has expended approximately $110,600 or 79 percent or our snow removal and snow supplies budget.  He stated that they meet with Patricia Boucher from the auditors of Boucher & Company where they focused on the Water Fund.  He explained that their day to day work in the administration is putting a lot of work into this fund and will mostly likely be coming back to the Council for approval of some type of borrowing.  He mentioned in simple terms the general fund is owed $4.3 million dollars net of any grant activity which they have a receivable now for $900,000 on a grant but above and beyond that the Water Fund owes to the General Fund $4.4 million dollars.  He informed that their surplus reviewed in the audit is $4.7 million so they can see their central problem is the struggle they are having with Water Fund consuming all of the Towns available liquidity therefore they are having a very poor cash flow in the amount in the general fund. 

 

Councilor Mutter echoed Mr. Bruces’ comments about the meeting with the auditors because that evening they asked what would be the first thing on their to-do-list and she replied getting the Water Department under control.  He added that the Water Fund is $5 million dollar budget that is a $4.4 million dollar problem.  He concludes that there is an item on the agenda tonight for a first public hearing and some subsequent finance sub-committees that are going to take place for that but there are going to be some difficult decisions that are going to be made in regards to that. 

 

Councilor Lemois stated that he requested that the School Department’s Business Manager, Alex Prignano, be present tonight to discuss and answer questions relating to the School Department finance report and he would like to confirm that Mr. Prignano did in fact get notice to be in attendance.

 

Mr. Bruce confirmed that he was in fact notified in an email and had told him that he would be in attendance.

 

Councilor Mutter deferred this to the next agenda and would like the Council President to be copied on that email. 

 

School Department Finance Report as of 1/31/08 for the current FY 2007-2008 period.

 

OLD BUSINESS

 

A.  RESOLUTIONS:

     

1.  R-07-187 – A Resolution relating to the Town of Cumberland Employee Manual

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 19, 2008.  VOTE 5/0.

2.  R-07-188 – A Resolution adopting the Executive Position Description Manual  

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 19, 2008.  VOTE 5/0.

3.  R-07-189 – A Resolution adopting the Town of Cumberland Accounting Manual  

Councilor Mutter explained that this resolution was before the Finance Sub-Committee where there was a request to change the organizational chart to reflect the current administration and Mr. Bruce has made those changes and replaced in the manual.  

MOTION BY COUNCILOR ACKERMAN, SECONDE BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

4.  R-08-13 –  A Resolution Authorizing an Instrumentation Service Contract for the Town of Cumberland Water Department

 

Councilor Mutter explained that this was tabled from the last meeting because there was some question about why at this point and time in the fiscal year are they looking for a new vendor, who was going it before and why aren’t they doing it now.

 

Eugene Jeffers, the Public Works Director, replied that May Electrics had been doing this for years but he has decided to relocate to Florida which is why they had to go out to bid for these services.  He adds that the costs are in line with trade cost therefore recommend approval.

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR MORRIS   AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

5.  R-08-14 – A Resolution Authorizing an Electrical Service Contract for the Town of Cumberland Water Department 

 

Councilor Mutter announced that Councilor Higgins had arrived and briefly brought him up to speed on where they where in the meeting and asked if he would like to take over the meeting.

 

Council President Higgins requested that Councilor Mutter proceed with the meeting.

 

MOTION BY COUNCILOR MORRIS, SECONDE BY COUNCILORS LEMOIS AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

B.  ORDINANCES FOR PUBLIC HEARING:

 

1.  #07-12 – An Ordinance relating to the Senior Citizen Tax Deferment Program (last tabled from January 16, 2008)

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 19, 2008.  VOTE 6/0.

 

2.  #07-27 – An Ordinance relating to Fair Share Development Impact Fees (lasted tabled from January 16, 2008)

 

MOTION BY COUNCILOR MORRIS, SECONDE BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO TABLE TO MARCH 19, 2008.  VOTE 6/0.

 

3.  #08-01 – An Ordinance relating to Inter-fund Interest Charges (Presented by Council President Higgins on behalf of the Administration)

 

Public Hearing opened at 8:18pm

 

Tom Bruce explained that this language and mechanism is found in many municipalities’ charters or code of ordinances and he when he joined Cumberland he was surprised that there wasn’t one.  He further explained that because this year with the problems that they are facing the facts are as followed; the general fund with Council approval goes out and borrows money every year for tax anticipation note.  He added that meanwhile a fund, in the case the Water Fund, is using that liquidity for their operations.  He stressed that funds are for two separate entities, rate payers support water the tax payers support general fund and in this case the general fund is paying interest on tax anticipation notes and the water fund is receiving the benefits of that cash.  He added that this particular ordinance will require recognition of interest expense by the borrowing fund at a rate that is equal to the most recent tax anticipation notes for as long as we are not synchronized.  He stated that they will have for the foreseeable future the tax anticipation notes.  He explained that this ordinance is supposed to go retro back to July 1^st but that is not how the ordinance reads.

 

Councilor Mutter asked that this matter be tabled due to the fact there is no legal representation and that there is a request from the Finance Director to add language to the ordinance.

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO TABLE TO MARCH 5, 2008.  VOTE 6/0.

 

4.  #08-02 – An Ordinance to Reopen and Amend the Existing Budget (Presented by Council President Higgins on behalf of the Administration) FIRST PUBLIC HEARING

 

Public Hearing opened at 8:25pm

 

Councilor Mutter reads the ordinance into the record and stated that at the next Town Council meeting they will have the second public hearing and vote.

 

Public Hearing closed at 8:30pm

 

NEW BUSINESS

 

A.  COMMUNICATIONS: 

 

1.  A request from Terry Melvin to provide Council an update on the URI Master Gardeners work at the Monastery.

 

Terry Melvin, a URI Master Gardener, began her presentation by distributing pamphlets and folders regarding information about the Monastery Lecture series and the College of the environment and life sciences, which are community projects with many municipal programs as well as her report on the Monastery Garden.  She continued by giving a brief background of the Master Gardeners’ Program to help them better understand what they are doing at the Monastery.  She explained that the Monastery Garden is the Master Gardeners’ community project and in the year 2000 Mayor McKee decided to install the garden.  He asked the Master Gardeners to design the Butterfly Garden around the gazebo and then help plant it which they did.  Mrs. Melvin stated that in talking about it she knew it needed to be maintained so she approached the Master Gardeners Association and them if they would take it on as a community project.  She points out that it had always been a joint effort between the Master Gardeners and the Town of Cumberland but she has gotten to the point where she has begun to think that one of them is not holding up there end of the bargain.  Mrs. Melvin explained that there have been some issues at the Garden which he has been trying to get resolved and she has written about 14 letters that she has written since 2004 trying to get some of the issues resolved.  She gave a brief explanation of the concerns that she has with the Garden that she reference to further in her report.  She believes that there needs to be some discussions and decisions made on what they are going to do address some of the issues with the garden.  

 

Vice President Mutter asked if before the next meeting Mr. Jeffers, the Public Works Director, take this report and provide the Council with some recommendations on how to address some of the items on the report of these issues because not so long ago they took a big stance to protect the Monastery.

 

Mrs. Melvin suggested creating a committee that would oversee the grounds of the Monastery not to make decision but to give input regarding the Monastery Grounds.    

 

Vice President Mutter stated that they can look into what is needed to create that committee but for now he would like to see something in regards to this communication such as a response on the next agenda under the consent agenda.       

 

B.  RESOLUTIONS:  

 

1.  R-08-18 – A Resolution Authorizing Mayor Daniel J. McKee and the President of the Town Council to Execute a Collective Bargaining Agreement with Cumberland Town Employees’ Union (CTEU)

 

Council Mutter explained that they met on this matter in executive session in which the Town Solicitor was not in attendance and when they came out of executive session there was an attempt to continue the executive session to place before the resolution that would approve the contract in hopes that the Solicitor would be in attendance to answer some questions.  He continued to explain that the vote failed but the Solicitor is still not in attendance.

 

Councilor Lemois stated that this contract is very important to both parties but would like to call for a special meeting at the next available date and time to get this contract approved for the union members who have been waiting patiently for its approval. 

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS   AND IT IS UNANIMOUSLY VOTED TO TABLE TO A SPECIAL MEETING ON FEBRUARY 25, 2008 AT 7:00PM WITH AN EXECUTIVE SESSION PRIOR TO THE MEETING.  VOTE 6/0.  

 

2.  R-08-19 – A Resolution in Support of the Coalition of Communities Improving Rhode Island

 

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS     AND IT IS UNANIMOUSLY VOTED TO TABLE TO A SPECIAL MEETING ON FEBRUARY 25, 2008.  VOTE 6/0.  

 

3.  R-08-20 – A Resolution Authorizing an increase to the approved amount of the existing contract with Ruggieri Brothers, Inc. of Cranston, Rhode Island in an amount not to exceed $1,538 for Tiling for the CHS2010 Phase III Part III Renovations at Cumberland High School

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN    AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.    

 

4.  R-08-21 – A Resolution Authorizing an increase to the approved amount of the existing contract with Fleet Construction of Cumberland, Rhode Island in an amount not to exceed $12,293.28 for New Duct Work for the Wellness Center as a portion of the construction and renovations at Cumberland High School

 

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

 

5.  R-08-22 – 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 $3,245 for the Removal and Disposal of Asbestos Tiling as a portion of Part III of the CHS2010 Phase III of the CHS2010 Phase III Project at Cumberland High School

 

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

 

6.  R-08-23 – A Resolution Authorizing 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 $462 for the Installation of Ceilings as a portion of Part III of the CHS2010 Phase III Project at the Cumberland High School

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.    

 

7.  R-08-24 – A Resolution Authorizing an increase to the approved amount of the existing contract with Eagle Cornice Company, Inc. of Cranston, Rhode Island in an amount not to exceed $2,649 for the Installation of a New Elevator Shaft Roof as a portion of Part III of the CHS2010 Phase III Project at the Cumberland High School

 

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

 

C.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

 

1.  #08-05 – An Ordinance relating to Water Usage Rate Increases (Presented by Council President Higgins on behalf of the Administration)

 

Referred to the Finance Sub-Committee

 

PUBLIC COMMENTS:

 

ADJOURNMENT:

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:45PM.  VOTE 6/0.    

 

                                   

                                                                        ___________________________________

                                                                        Sandra M. Giovanelli, Town Clerk

 

A VIDEOTAPE AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY