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, JULY 16, 2008

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:45p.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

 

Councilor Ackerman congratulated the Friends of Franklin Farm on their bountiful first harvest.  She announced that about one and half tons of produce have been sent to the Rhode Island Food Bank and some of the local food banks.   

 

Council President Higgins announced that the Town is hosting the State Little League Championship at Garvin Field on Saturday, July 19, 2008 at 1:00pm.

    

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

 

A.  Acceptance of Minutes of the Special Town Council Meeting of June 11, 2008 and the Regular Town Council Meeting of June 18, 2008.

 

B.  COMMUNICATIONS:

 

1. C-08-41 – A letter from the Town of Charlestown requesting support of the USS Saratoga Museum Project

 

2. C-08-42 – A letter from the D.E.M. regarding an Insignificant Alteration-Permit, Application No. 08-0031 in reference to Assessor’s Plat 57, Lot 1068, intersection of Follett Street and Rolling Acres Drive, Cumberland, RI     

 

C.  DEPARTMENT REPORTS:

 

Building Official

Tax Assessor

Parks and Recreation Department

Animal Control

Police Department

Rescue Department

 

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

 

LICENSES:

 

A.   SPECIAL EVENT NON-PROFIT ENTERTAINMENT LICENSE:

 

1.     An application from Our Lady of Fatima Church, 1 Fatima Drive, for the Annual Festival to be held on August 29, 2008, August 30, 2008 and August 31, 2008

 

Public Hearing opened at 7:48p.m.

Public Hearing opened at 7:49p.m.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO THE POLICE DEPARTMENTS REGULATIONS.  VOTE 7/0.

 

B.  HAWKER LICENSE:

 

1.  An application from Stephen and Deanna Vadenais of Vadenais Farms located at 65 Pine Swamp Road, for an Annual Hawkers License

 

Public Hearing opened at 7:49p.m.

Public Hearing opened at 7:50p.m.

 

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

 

C.  THIRD CLASS VICTUALLING HOUSE LICENSE:

 

1.  An application for a transfer of a Third Class Victualling House License for Cumberland Creamery located at 3400 Mendon Road from Steven Pereira to Lawrence J. O’Brien, Jr. and Janelle L. O’Brien

     

Public Hearing opened at 7:50p.m.

Public Hearing opened at 7:51p.m.

 

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

 

FINANCE REPORT:

 

1.  General Fund Report as of 6/30/08 for the current FY 2007-2008 period

 

Thomas Bruce, the Finance Director, stated that these reports are provided with data as of July 11, 2008 for fiscal year ending June 30, 2008.  He explained that they are showing significant account surpluses and unfavorable variances such as the 2008 Property Tax Revenue are as follows: 04.05% of budget collected or $898,478 in excess of our revenue budget.  He added that after the sixty-day collection period ending August 31, 2008, this revenue account will have exceeded 105% or approximately $1,100,000 in excess of budget.  He mentioned that that they have collected 97.16% of budget collected or $720,640 less than our revenue budget of the 2007 Property Tax Revenue and the actual sixty-day accrued tax revenue, including tax sale related revenue, as of August 31, 2007 will result in an increased 98.50% actual to budget collection rate.  He pointed out that the resulting account deficit amount as a result of this rate is projected as less than $350,000 based on prior annual trend data and the total amount of total budgeted tax collections has already effectively met budget objectives: budget, $48,062,746; collected, $48,047,717.  Mr. Bruce informed that the tax amounts collected in excess of budget will be applied to other revenue accounts which have not performed up to budget estimates.  He stated that these statistics represent a stronger collection performance this year compared to the prior 2007 fiscal year.  He communicated that the Tax Assessor’s and Rescue Department exceeded budgeted expenses by at least $25,000.  He concluded that overall, the total General Fund expenditure budget has a balanced or modest surplus year-end result with the Public Works, Highway, Police and Health Insurance as cost centers which realized material departmental surpluses and the School Department is reporting a surplus.  

 

He pointed out that the reports he provided the Council are subject to their annual audit process and year-end adjustments including the following items: telephone tax, school transfers occurring in July, tax collection expense, health insurance and other various departmental expense adjustments. 

 

2.  Cash Flow Report for the current FY 2008-2009 period for the General and Water Enterprise Funds

 

Mr. Bruce stated that he had provided them with cash-flow statements for the General and Water Funds which are provided as a basis to the current process of the Town issuing short-term TANS and RANS notes.  He added that they have taken in a record amount of funds in both May and June for $28 million dollars that went towards retirement of short term debt, school expenses such as summer payroll, debt service and other expenses.  He stated that they began the year with a $1.4 million beginning cash balance, significantly lower than prior years; because of their cash flow dynamics they really soared throughout the spring.  He continued by stating that July’s continued cash flow is very tight and in August they will have collection on the second quarter tax bill but right now they are managing a very pressured situation with meeting basically only necessary bills, payroll and health insurance.  Mr. Bruce pointed out that they have debt service due back at the end of the month of $1.6 million which is already with their outside paying agent.  He explained that the proposed RANS, looking at the General Fund Cash Flow that is attached to their report that has the $1.4 million in the left had corner, the report shows the $5.5 million TANS borrowing proceeds that are proposed for their approval this evening and that takes their low balance and put it in the area of $8 million which is basically a balance that goes down throughout the year.  He clarified that at the same time they are doing the Water RANS and the cash flow for water is attached. 

 

OLD BUSINESS

 

A.     ORDINANCES FOR PUBLIC HEARING:

 

1.  #07-27 – An Ordinance Relating to Fair Share Development Impact Fees (last tabled from June 18, 2008)

 

Councilor Morris explained that the Ordinance Sub-Committee was holding off on this in order to allow time to receive some other related information but because this matter had been pending for so long they decided to deal with just this and then deal with the other issues later on.  She further explained that this ordinance resulted from a waiver application where a resident re-built a dwelling but what they built was exactly what they had they previously because they felt what they had was severely damaged.  She pointed out that the Ordinance Sub-Committee during their review of the ordinance has proposed to take out the word damaged in lines 23, 33, 45 and page 2, line 15 because there would be no impact to the Town to demolish a dwelling and then re-build another dwelling with the same number of bedrooms and units.      

 

Public Hearing opened at 8:02p.m.

Public Hearing closed at 8:03p.m.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO AMEND PAGE 1, LINES 23, 33, 45 AND PAGE 2, LINE 15 BY REMOVING THE WORD DAMAGED.  VOTE 7/0.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR MUTTER, LEMOIS AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE.  VOTE 7/0.

 

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 May 21, 2008)

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 20, 2008.  VOTE 7/0.

 

3.  #08-09 – An Ordinance in Amendment to the Town of Cumberland Comprehensive Community Plan Ordinance (last tabled from May 21, 2008)

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 20, 2008.  VOTE 7/0.

 

4.  #08-17A – An Ordinance establishing the Water Department Budget for the Fiscal Year 2008-2009 (tabled from June 18, 2008)

 

Councilor Mutter explained that this matter was before the Finance Sub-Committee and there was some discussion that led to this matter being tabled in order to allow some time to discuss how the debt reduction was going to be managed.  He noted that they had received via email an amended ordinance, #08-17A, but asked that this matter remain in the Finance Sub-Committee.

 

REFERRED TO THE FINANCE SUB-COMMITTEE

 

5.  #08-22 – An Ordinance for a Change to the Town of Cumberland Zoning Map Assessor’s Plat 51, Lot 11 (tabled from June 18, 2008)

 

Councilor Morris stated that she had sent to the Council members a memo to follow along with because there are a lot of pieces to this zone change and she followed by reading the memo into the record.  In summary the memo stated that the Ordinance Subcommittee met on June 12, 2008, to review and consider the referenced proposed ordinance and in attendance were Mayor McKee, Solicitor Tom Hefner, members of the Ordinance Subcommittee (Councilors Morris, Lemois and Ackerman), Applicants, Scott Gibbs, on behalf of The Economic Development Foundation of Rhode Island, Inc. (EDFRI) and Gregory D. Richard, Managing Partner of Highland Hills, LLC, and counsel for EDFRI, David Igliozzi, Joe Pailthorpe, Arthur Dunn, Gerry Kaveny, neighboring property owners, and counsel to neighbors, Michael Horan.  She mentioned that at said meeting the applicants explained that the proposed zone change would permit the siting of a 160,000 SF office building and associated parking on 12 acres; a portion of the land for the building would be on land currently owned by EDFRI and in addition, the zone change would permit a 100-unit residential development, which would resolve lawsuits that have been pending against the Town for several years and the obvious costs associated therewith.  She continued to explain that public water has previously been approved and dedicated to the residential development to service 111 units; the developer intends to provide a private sewer.  Notwithstanding the resolution of the lawsuits, the members of the Ordinance Sub-Committee considered the fiscal impact to the Town of Cumberland.  She mentioned that the office use would produce almost $400,000 in additional tax revenue and the 100 fair market residential units would produce approximately $300,000 in additional tax revenue.  She also stated that this information was received subsequent to the Ordinance Sub-Committee meeting from the Director of Planning and Development.  She stressed that it is obviously difficult to determine the added costs to the Town’s service costs, including police and fire protection, however, this will be a private development, which will not require trash removal, plowing and other similar services.  Additionally, although not deed or otherwise restricted, the several multifamily developments currently owned by the developer add only nominal cost to the public school system.  In the experience of Mr. Richard, whose firm owns several similar developments in Lincoln, the development would be geared to “empty nesters” and young professionals.  She noted that the Planning Director submitted “conservative estimates” based on the cost of municipal services and the problems that the surrounding neighborhood(s) have had with sewer smell may be relieved by the increased use in the corporate park.  She pointed out that the neighbor representatives who attended the meeting were also satisfied with the proposal. 

She concluded by stating that the Ordinance Subcommittee recommended approval of the request for zone change with the following conditions:

 

Council President Higgins wanted the record to reflect that as far as the sewer issues he had been informed by Mr. Gibbs of the Economic Development Foundation of Rhode Island that this is not in any way in consideration of approval.  He added that if it were to be approved there is an agreement to engage a civil engineering service to preliminarily identify the various options to segregate out the sewer effluent generated in Highland from the gravity sewer line servicing the Biltmore Avenue and Grand Avenue residential areas.  He pointed out that said consulting services would build upon the previous engineering study conducted by the Town by assessing engineering preliminary costs and regulatory issues for the various options to segment out the waste stream.  He stated that the findings of this study would be used by the Town to select the preferred option for detailed engineering and construction and that the consultants study would be conducted in cooperation of the Town.  He also stated that the findings of the study would be reported in no more than 60 days and the cost of the study will be paid by the Economic Development Foundation of Rhode Island.  He noted that there have been some discussion that if one of the problems with this system is that it is designed for a larger amount of use and this would increase that use and it could result in a lessening of a problem that the Town has authorized the placement on the November ballot a 2.5 million dollar sewer bond.       

 

Public Hearing opened at 8:16pm

 

David Igliozzi of 1 Turks Head Place, Providence, attorney for the applicant, was present.  He stated that this is before them as a result of a petition filed by the applicant, the Economic Development Foundation of Rhode Island, for property located on the Highland Corporate Drive, specifically Assessor’s Plat 51, Lot 11.  He explained the proposed request is that portions of the property be rezoned from A-1 and A-2 to I-1 with a planned development overlay and open space.  He called for their engineer to assist in his presentation by putting up a board with maps of the area in order to describe the area and their proposal. 

 

Stephen Cabral, Cross Engineer located at 151 Centerville Road, Warwick and the engineer associated with the project was sworn in by the Town Solicitor. 

 

Mr. Igliozzi began by having Mr. Cabral point out the area of 97.8 acres of the property in question on the map.  He asked Mr. Cabral for the record whether he was the engineer associated with this project and if he had surveyed the property.

 

Mr. Cabral replied that yes he is working for the Economic Development Foundation of Rhode Island and he did survey the land.

 

Mr. Igliozzi asked Mr. Cabral to describe the location and the outline of the 97.8 acres in question.

 

Mr. Cabral referred to an aerial photograph to describe the existing conditions as they are today which he had outlined in yellow.  He proceeded to give specific details of the area and noted that the site is uniquely shaped in the sense that of the 97.8 acres it runs essentially from the southern tip to the northern tip it runs approximately 1 mile long with various widths from the most narrow point of 300 feet to over 2,000 feet from Highland Corporate Park over to West Wrentham Road.  He explained that the southern section of the lot is zoned A-1 and the northern section of the lot is A-2.  He further explained that the site is undeveloped, mostly wooded, with three existing easements that bisect the property.  He noted that another unique feature of the land to the east of the site is essentially a 16 acre parcel currently owned by the Town.  Mr. Cabral pointed out that there is public water and sewer available on Highland Corporate Park so the public utilities directly abut the site.  He presented another board that identified the current zoning and the proposed zoning.  He added that with the proposed rezoning designation they are proposing to create a 12 acre I-1 zone that is immediately adjacent to the Highland Corporate Park and next to that 12 acre I-1 they are proposing to create a 38 acre open space zone that would act as a natural buffer to the A-2 and R-1 zones in the southern end of the site.  He continued to state that towards middle of the parcel they are proposing to create the 34 acre I-1 Planned Development Overlay District to allow the condominium units and there is an existing pond that the developer would like to preserve so they are proposing to create a 1.7 acre open space to allow the pond to remain natural.  He stated that at the northerly end of the parcel they are creating a 20 acre open space zone.

 

Mr. Igliozzi stated that he believed that it was important for the Council to know that part and parcel of this process includes a subdivision and a deeding of various parcel to various parties including the Town and he asked Mr. Cabral to point out that area on the map.  He also stated that in addition to the petition for a zone change during the Ordinance Sub-Committee the committee discussed the potential conditions to be attached to this at which time they indicated to them that if there were any other conditions that they wanted the Council to consider to present them tonight and they submitted that list of conditions to the Solicitor and Planning Director this morning.  He proceeded by presenting the Council with the list of conditions which he explained that a lot of them are deviations that make this possible or conditions that were required as a result of the Ordinance Sub-Committee.  He stated that some of these are conditions they would ask their Request for a zone change with the Planned Development Overlay District be applied with these additional conditions which he reviewed. 

 

Councilor Morris referred to their first condition that read, “in lieu of a land transfer, that it will not alter the intended zoning provisions of the I-1 and the I-1/PDO District” which she doesn’t have a problem with not applying that but asked if they are intending on not transferring the 50 acres.

 

Mr. Igliozzi replied that they are committed to that it is just really a matter of where they want it to go, whether it goes to the Town or another entity.

 

Mr. Hefner clarified that the issue that they are addressing is that in Cumberland they have what they call a split lot zone where for example if they have a 4 acre lot, 2 ½ acres zoned C-1 and 1 ½ acres zoned R-1, the zone would be treated as the more restricted of the two.  He explained that what they are saying here is that because 51 plus acres is open space and slightly less than that is going to be zoned I-1 then everything would have to be zoned open space.

 

Mr. Igliozzi added that the restriction for that zone would apply.

 

Council President Higgins further clarified that they couldn’t use it for anything but open space.   

 

Mr. Hefner believed that what they are saying is that they don’t want to be restricted because of our split zone and he thinks the Council has it in their right to address this issue.  He added that the open space will be conveyed to the Town by deed and they will work with the neighbors for the appropriate conservation easements;there are a couple of things that they are raising that that if they strictly construe the zoning ordinance, for instance, they can only have one building per lot yet at the same time they are allowing 100 residential units in an I-1 zone with a Planned Development Overlay District. 

 

Mr. Igliozzi stressed that the most important thing here is that the open space zone would not control this project because procedurally they are not here for a sub-division.

 

Michael Horan, counsel to neighbors, stated that they have been involved in this for seven years so they hope they can get this done right now but he had the same concern as the Council.  He stressed that they can’t leave anything open because their understanding is that it is going to be conveyed to the Town as open space for parks and recreation.  He believed that this language created questions that he strenuously objects to when it says a “permanent easement, in lieu of a land transfer” was not the deal or the understanding.    

   

Councilor Morris added that this issue only applies until they sub-divide.

 

Mr. Horan stated that the applicant is asking that these conditions be specifically incorporated in their motion and vote for the zone change so apparently changes the zone.  He added that he isn’t against it but he wants to make sure that this language is not left in there and any way open the possibility that this land will not be transferred to the Town and will not be dedicated to open space.  

 

Mayor McKee stressed that the idea here is that the Town would receive 50 acres of land and if there is anything in the language that could jeopardize that happening that would not be acceptable. 

   

Council President Higgins asked if this was presented to the Ordinance Sub-Committee

 

Mr. Igliozzi replied that they weren’t presented to the Committee but as a result of an indication from the Committee to addresses any conditions before the Council.

 

Council President Higgins stated that they haven’t seen these before now and he wanted to be comfortable that they are doing what they are suppose to be doing so he asked that they point out the differences between the list of conditions from the Ordinance Sub-Committee to the applicant’s list.

 

Councilor Morris requested that Mr. Igliozzi provide the Town Clerk with a copy of their list of conditions.

 

Mr. Hefner stated that when he and the Planning Director, Mr. Aubin, reviewed the applicant’s conditions list earlier they saw nothing contrary to what the Sub-Committee heard.  He clarified that what it is, is the applicant’s review of our various ordinances in highlighting certain issues that might come up in the future if they strictly construe things and take them out of context. 

 

Mr. Horan stated that he had no objection to the other conditions which are on their list.

 

Mr. Aubin added that all the items on the applicant’s list with the exception of item number 1 that the Council has discussed fall within the Planning Board’s jurisdiction to vary the zoning ordinance provisions within the Planned Development District which is laid out in the special district provisions of the zoning ordinance.  He concluded that he believed that they are issues that the Council doesn’t necessarily have to delve into.

 

Mr. Igliozzi added that the Council doesn’t have to adopt these, which they understand that but this is their opportunity to ask them for what they want and they wouldn’t want to do this more than once.  He stated for the record that his client has indicated to him that the item 1 that is in question is withdrawn in consideration of item 3. 

 

Council President Higgins stated that it is important that there be no access from Old West Wrentham Road or West Wrentham Road.

 

Mr. Igliozzi informed that present with them a Planner, Joseph D. Lombardo of 11Grand Serra Drive, Hope Valley, who presented a Planning Report that is consistant with the Town Planner’s that this project as proposed is consistent with the Comprehensive Plan.

 

Joseph D. Lombardo of 11Grand Serra Drive, Hope Valley was sworn in by the Town Solicitor. 

 

Mr. Igliozzi asked Mr. Lombardo to indicate why he was hired and what was the purpose of the report that he prepared.

 

Mr. Lombardo stated that he was asked to take a look at the zone change request by the Economic Development Foundation of Rhode Island for this property where he examined the Comprehensive Plan, specifically, the Land Use and Economic Development elements and found sufficient backing and conformance with the Comprehensive Plan to justify an opinion that it is in fact in conformance with the Comprehensive Plan.  He outlined that the Land Use element it talks about having a harmonious pattern of land use and about promoting the expansion of existing industrial areas which are capable of supporting economic development.  He pointed out that the Economic Development element also talks about promoting a diversification of the types of industries located within the Town as well as diversifying and expanding the Town’s tax base.  Mr. Lombardo noted that from the prospective of the industrial component of this project is very much in line with the Comprehensive Plan.  He summarized that the Plan does state very specifically to encourage economic development and to look at land use development and density with relation to the natural capability of the land.  He believed that it also talked about the residential portion of this and he found that this type of residential development in this particular setting in this area is a good transitional use that will provide housing for people who are going to be employed in the Corporate Park.  He stated that for those reason it is his opinion as a Land Use Planner that this request is consist with the Zoning Ordinances and Comprehensive Plan.     

 

Council President Higgins stated for the record that the Planning Board submitted findings and recommendations which noted that the proposal is consistent with the Comprehensive Plan by bringing the zoning on the questioned parcel in compliance with the Comprehensive Plan Land Use Map utilizing the current zoning and land use provisions regarding planned development overlay districts and land development to achieve a mixed use development that will help expand the industrial and residential tax base in the Town while providing an added amenity to current and future park tenants and on-site residential opportunities while expanding the Town’s stock of open space with limited impact on existing residents and utilizing the existing roads, sewer, water and storm water infrastructure within Highland Corporate Park.  He concluded that the Planning Board unanimously offered a positive recommendation on the requested zone change but they had a recommendation that the Council consider a use limitation on the residential portion of the project to the uses as described in the application because such a use limitation would prevent any further commercial or industrial development on that portion of the subject parcel.       

 

Adam Slesinger of 16 Grand Ave was sworn in by the Town Solicitor and read a statement of objection into the record.                          

 

Public Hearing closed at 9:12pm

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO APPROVE WITH THE FOLLOWING CONDITIONS:

ORDINANCE PASSED WITH A VOTE OF 7/0.  VOTE 7/0.

 

Councilor Mutter addressed some of Mr. Slesinger’s comments by stating that the line going through Highland Corporate Park was put it just for Highland Corporate Park, it was not a residential sewer line.  He stated that if there is a problem with that line there has to be something that they can do but he doesn’t think denying the project does it because they already have the problem so if you deny the project the problem will still remain.  He concluded that this line was put in for Highland Park which in part benefits the Town and the Park which leadd to this residential problem and he would hope that the Town and that entity would be trying to help with the problem.         

 

Mayor McKee stated that Councilor Morris is correct in bringing up the issue is not a problem but not related to the decision the Council has to make tonight.  He also stated that they are going to continue to strive to solve that problem and as everyone present including Mr. Slesinger knows that they have met, planned and have come up with thoughts on how to solve the problem.  He pointed out that it may not be happening as quickly as they would like but there are economic and planning issues that need to be taken care of.  He concluded that he is no more or no less committed than he has been in the past to solve this problem but emphasized that what is before them tonight doesn’t have a lot to do with this problem.   

 

Councilor Mutter added that the project itself is a nice solution to something that has been going on for many years and he believes the final project is much better than the original project. 

 

Councilor Lemois asked the Town Solicitor if in his opinion they were presented any facts that would indicate that the Town is in any way not fulfilling any legal obligations.

 

Mr. Hefner stated that he has been aware of this issue as most people are and he hasn’t heard one bit of testimony that has pinpointed what the actual cause of this is.  He added that he believed everything that they have done has been to strive to find out what the problem is and there are thing that they have looked into that have not come to fruition and there are things that they are planning along with people at Highland Corporate Park to address this issue.  He concluded that he doesn’t see any cause or relationship between this particular problem and anything that the Town has done and hasn’t done.

 

Councilor Mutter stated his appreciation for all the work that was done by the Ordinance Sub-Committee. Neighbors and all other entities involved.        

 

6.   #08-23 – An Ordinance in Amendment of #08-01 entitled an Act Relating to Inter-Fund Interest Charges

 

Thomas Bruce, the Finance Director, stated that the original ordinance was applicable to all accounting funds of the Town not including School totaling 70 funds.  He added that in terms of implementing this they found that virtually all the funds that they have with their central banking going through the general fund were not practical to measure any type of liability because they were related to accounts payable activity and cash disbursement activity.  He further explained that the two funds of concern as they were with the original ordinance were Water Enterprise Fund and the Sewer Special Revenue Fund.  He pointed out that in fiscal year 2007-2008 these funds provided a $260,000 revenue source to the general fund which was part of the report in terms of the close to balanced budget performance for the year just ended so he concluded that for implementation and sense of practicality he recommend that they pass this ordinance applicable only to Water and Sewer Funds. 

 

Public Hearing opened at 9:42pm

Public Hearing closed at 9:43pm

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 7/0.

        

7.  #08-24 – An Ordinance in Authorizing the Sale of Cumberland Tax Assessor’s 64, Lot 22

 

Thomas Hefner, the Town Solicitor, explained that this matter had been previously discussed in executive session.  He added that the sale of this property went through the procedure set forth in the ordinances such as advertising, appraisal and receiving bids.  He pointed out that there was only one bid from an abutter, Mr. Mooney. 

 

Public Hearing opened at 9:45pm

Public Hearing closed at 9:46pm

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 7/0.

 

8.  #08-25 – An Ordinance Related to Non-Transferable Class B Liquor License

 

Councilor Albuquerque recused.

 

Public Hearing opened at 9:46pm

Public Hearing closed at 9:47pm

 

Councilor Morris stated that the Ordinance Sub-Committee reviewed this matter at which time it was recommended to approve with a vote of 2 to1 and she was the opposing vote.

 

Council President Higgins explained that this ordinance would create a new class of liquor licenses which would be called, Non-Transferable Class B and Class B Limited Licenses. 

 

Councilor Lemois explained the consensus of the Ordinance Sub-Committee’s decision to recommend passage is that this ordinance would give the Town more control versus just increasing the number of Class B licenses whereas Class B License would not be transferable by either transfer or relocation.  He explained that after their meeting he was in discussion with some other people where he had to agree that there are probably some rules and regulations that they would want to discuss rather than leaving this open ended.  He stated that although he is in favor of this he wouldn’t want to vote for something without complete review of it so if the Council was in favor he wouldn’t mind having another hearing before the Ordinance Sub-Committee.

 

Council President Higgins stated that he sees this as a presentation by the Administration as an economic tool which he appreciates but he believed that they need more guidelines, criteria or restrictions.  

 

Councilor Morris explained that the way this was written in her opinion would only allow for more Class B Licenses and she also thinks the criteria should be location.  She further explained that if that is what they want to do why can’t they just increase the maximum allowed Class B licenses.

 

Mayor McKee explained that this was intended as an Economic Development tool and it was meant that when the matter was referred to the Ordinance Sub-Committee that they would make some amendments.  He stated that he would be happy to attend a Sub-Committee to go through those issues. 

 

Councilor Lemois made the point that the once they increase the limit of full Class B licenses they lose control of those licenses to the license holders.

 

Councilor Mutter stated that he feels that the government created the value by creating the maximum amount and he believes that they need to be sensitive to the fact that they did create that value for all of those who have those licenses now.  He also stated that there is nothing that stops them from amending their own rules and regulations. 

 

Mayor McKee stated that he believes that this is a very important economic development issue and whether they amend their rules and regulations in order loosen up their ability to do that but they do have businesses in Town that are at a disadvantage relative to other communities and they have had instances where they had new possibilities that were lost because of not having the ability.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 3, 2008.  VOTE 6/0.

 

      B.  RESOLUTION

 

1.  R-07-187– A Resolution Relating to the Town of Cumberland Employee Manual (last tabled from May 21, 2008)

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO COMMITT TO THE FINANCE SUB-COMMITTEE INDEFINITELY.  VOTE 7/0.

 

2.  R-07-188– A Resolution Adopting the Executive Position Description Manual (last tabled from May 21, 2008)

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO COMMITT TO THE FINANCE SUB-COMMITTEE INDEFINITELY.  VOTE 7/0.

 

3.  R-08-71 – A Resolution Supporting Legislative Amendments to Protect Rhode Island’s Cities and Towns and their Public Officials/Employees

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE INDEFINITELY.  VOTE 7/0.

 

4.  R-08-79 – A Resolution Authorizing an Empowering Mayor Daniel J. McKee to Execute a Contract with Sonitrol Security Systems of Riverside, Rhode Island for Security Systems and Monitoring at various Cumberland Schools in an Amount Not To Exceed $66,264 for Equipment and Installation and $6,444 per year for Monitoring over a three year period

 

Councilor Mutter recalled that

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO DENY.  VOTE 7/0.

 

 

NEW BUSINESS

 

A.    COMMUNICATIONS:

 

1.  A request from the Historic District Commission Chair, David Balfour to address the Council

 

David Balfour, the Chair of the Historic District Commission, stated that he asked to address the Council to inform them that they intend on asking them to create a couple of new Historic Districts mainly because of oversights.  He explained that Berkeley and Arnold Mills Districts are Federal Historic Districts not Town Historic Districts.  He also gave a brief explanation of the role of the Historic District Commission and the benefits of Historic Districts. 

 

2.  A request from Alan Brodd, Superintendent of the Water Department to address the Council

 

Alan Brodd, the Superintendent of Water, explained that he would like to bring the Council and the public up to speed on some of the projects that they have in the Water Department.  He added that some of these projects require them to make the public aware of so he used this opportunity as a Public Information Session not a Public Hearing to get the word out.  He further explained that the work of the Water Department has to go on and to do so they have to continuously attempt to upgrade the quality of their water, make improvements to their system, and provide for emergency water supplies.  He stated that they should have received a letter signed by the Mayor on or about June 5th requesting financing from the Clean Water Finance Agency that referred to three projects which were establishing an emergency water connection with the City of Woonsocket, replacing some piping in Nate Whipple Highway in anticipation of finally getting that road paved next year and clean and line some of the piping at Diamond Hill Road.  Mr. Brodd explained that the first project they are moving forward with was the emergency connection with the City of Woonsocket.  He clarified that this project is similar in scope to the Marshall Avenue pumping station where they receive water from Pawtucket.  He described this project would consist of a brick building located at the Highland Corporate Park and will allow them to supply Woonsocket in the case that they should have an emergency in their side of the Industrial Park as well as it would allow Woonsocket to supply us in the event they were unable to fully supply Industrial Park.  He mentioned that they have an opportunity for a grant from the Water Resources Board which have money available for emergency ties in such as this and they will be applying for this grant.               

 

3.  A request from Planning Department to discuss with the Town Council the Cumberland Comprehensive Community Plan Five Year Update

 

John Aubin, the Planning Director, and Geraldine Turbeville, the Town Planner, were present to bring the Council and the public up to speed with the updatef process that they have commenced where they reached out to the various departments, commissions and agencies in Town to solicit comments. 

 

Geraldine Turbeville explained that the Town’s five year Comprehensive Plan update is due next June and the Planning staff had an initial meeting in June with the Planning Board to discuss this process and to get their approval on how they would go about it.  She further explained that letters have been sent to the three Rhode Island communities and the four Massachusetts communities that border Cumberland because they all have to be brought into the process.  She added that in the letters that were sent out to the different Town departments, commissions and agencies they were asked if they wanted to make changes or requests that they need to have those back to their Department by September 15, 2008.  She reiterated that this is just to update and refine the Plan and not to start from scratch but there is one exception in that there will be a new section titled Children, Youth, and Community which will be done by the Youth Commission.  She mentioned that there will also have to be several State mandated public hearings throughout the process and joint meetings between the Planning Board and Town Council.  Ms. Turbeville stated that they would like to know if it is the Council’s preference to meet sometime after the comments come back or would they rather have meet prior to that on Land Use issues. 

 

Council President Higgins stated that the Council had some educational training on Land Use issue last year but it is their Department so they would follow whatever they prefer.

 

Councilor Morris stated that if they are seeking comments from people she believed that it would be premature to meet until they have those comments.

 

John Aubin explained that if they went with the option of meeting with the Council, Planning Board and potentially even the Zoning Board at a joint workshop that he doesn’t think that would preclude this body from reviewing the comments from the other departments.  He added that the question is whether the Council wanted to be involved in the development of the Comprehensive Land Use Map and Economic Development Elements. 

 

Councilor Morris explained that it is important to get the Council involved whether it is by sending them people’s comments, providing them a report or having a Council member as a liaison because she doesn’t believe that they need to be at every meeting but certainly whichever way makes more sense in keeping the Council updated.

 

B.  APPOINTMENTS

 

CUMBERLAND HOUSING AUTHORITY APPOINTMENT:

 

1.  Richard Hilton of 588 Broad Street, Cumberland

 

2.  Joseph L. O’Donnell of 3 Belmont Terrace, Cumberland   

 

COUNCILOR MUTTER NOMINATED RICHARD HILTON, NOMINATION SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

C.  CLAIMS: 

 

1.  James and Christine Cruise of 20 Teakwood Drive

 

REFERRED TO THE FINANCE SUB-COMMITTEE

 

2.  Robert J. Messier of 22 Edith Street

 

REFERRED TO THE SOLICITOR           

 

D.  RESOLUTIONS:

 

1.  R-08-80 – A resolution authorizing Mayor Daniel J. McKee to enter into a purchase and sales agreement for purchase of a portion of Tax Assessor’s Plat 40, Lot 12

 

Council President Higgins stated that the Council should have all received by email an amended version, R-08-80A.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK TO REPLACE R-08-80 WITH R-08-80A.  VOTE 7/0.

 

Mayor McKee explained that the sale price of this property is $250,000 and there is somewhere in the area of $150,000 in outside money by the time the transaction is completed. 

 

Council President Higgins explained that some of this work is some of the most important work they can do in terms of protecting their water supply in cooperation with Pawtucket Water Supply.

 

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

 

2.  R-08-81 – A resolution authorizing Mayor Daniel J. McKee to settle the matter of Dailey vs. Town of Cumberland, WC #2007 – 04646

 

Councilor Mutter asked for the record to reflect that this matter was discussed and voted on in executive session.

 

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

 

3.  R-08-82 – A resolution amending Resolution 08-72

 

Councilor Mutter explained that this matter was in the Finance Sub-committee and there was just a simple typo on an address. 

 

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

 

4.  R-08-83 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with CSI On-Site of Cumberland, Rhode Island for the procurement of 12 laptop computers for The Office for Children, Youth, and Learning in an amount not to exceed $25,000.

 

Council President Higgins announced that the Administration has withdrawn their request. 

 

5.  R-08-84 – A resolution of the Town Council authorizing the issuance of Tax Anticipation Notes

 

Councilor Morris recused herself.

 

Councilor Mutter explained that this resolution was before the Finance Sub-Committee and received unanimous approval.

 

Mr. Bruce added that the expected interest rate is 3.6% and they should have the closing by the end of the month

 

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

 

6.  R-08-85 – A resolution authorizing the issue of Revenue Anticipation Notes of the Town of Cumberland

 

Councilor Morris recused herself.

 

Councilor Mutter explained that this resolution was before the Finance Sub-Committee and received unanimous approval.  He also added that this is part of the water department budget and the reason why they held back ordinance #08-17A but this is the beginning of them putting the Water Department on its own financial footing. 

 

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

 

7.  R-08-86 – A resolution to approve the recommendation of the Department of Planning and Community Development to award a Construction Services contract to Korey Construction Corporation, of Providence, Rhode Island in an amount not to exceed $565,000.00 for construction services related to improvements to the Manville Landing Recreation Area

 

John Aubin, the Planning Director, explained that this was a bid process that was initiated last year where the bids came back with a significant difference between the available funds at the time and the bid number.  He added that in working with the Department of Transportation they were able to re allocate some funds from the same federal funding source and re-allocate them to this project bringing up the available funding to $565,000.  He stated that they are essentially ready to proceed with construction with no cost to the Town because all funds are being funds and are being processed through the Department of Transportation via a Transportation Enhancement Program through the Federal Highway Administration. 

 

Council President Higgins asked if there were any plans for improvements to the crosswalk which seems to be a concern for the seniors. 

 

Mr. Aubin replied that there aren’t any currently proposed off site to the Manville area but those are certainly issues that they would be looking at very closely as the Riverview Quarry Project goes forward as well as the final development of the Valley Affordable Housing 42 unit elderly housing complex as well as any development of the 25 acres recreation area there.

 

Mayor McKee complimented John and his Department because this is a complicated project that took a great deal of their time.  He added that this is something that has been in process for a long period of time and he believed that John has demonstrated his skill in actually making this happen at no cost to the Town.

       

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

 

8.  R-08-87 – A resolution relating to contributions to ERSRI on behalf of Denis Couture

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 20, 2008.  VOTE 7/0.

 

9.  R-08-88 – A resolution authorizing Mayor Daniel J. McKee to execute three (3) site lease agreements for wireless communication purposes with Metro PCS Massachusetts

 

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

 

10. R-08-89 - A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Gov Connection of Merrimack, NH for Mimio Interactive classroom equipment in an amount not to exceed $22,694.70

 

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

 

 

11. R-08-90 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Vinny Loughlin, LLC of Somers, CT for 80 microscopes in an amount not to exceed $16,843.20

 

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

 

12. R-08-91 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Innovation First of Greenville, Texas for robotics equipment in an amount not to exceed $14,715.85

 

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

 

13. R-08-92 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Frey Scientific of Nashua, HN for science scales in an amount not to exceed $11,502.81

 

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

 

14. R-08-93 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Flinn Scientific of Batavia, IL for science equipment in an amount not to exceed $41,179.12

 

Councilor Lemois asked why the itemized listing shows some of the items clumped together whereas the microscopes and scales are separated out. 

 

Mrs. DiModica from the School Department explained that what they did was they got better pricing on some of the items which is why they were initiated out and also it depended on the warranty and the discounts they got from certain companies.  She added the example of the microscopes there was a company that had someone in the area who could come and replace it if there were a problem.

 

Councilor Mutter asked if the Building Committee approved this.

 

Mrs. DiModica replied that the Building Committee to approve the general items that would be bought not the specific details which they did approve.   

 

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

 

15. R-08-94 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Vernier Software and Technology of Beaver Town, OR for classroom science equipment and software in amount not to exceed $75,458.33

 

Councilor Lemois asked if the was a sole source provider.

 

Mrs. DiModica replied that yes it was a sole source provider.

 

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

 

 

16. R-08-95 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with EBI Electronics of Seekonk, MA for language lab software and equipment in an amount not to exceed $96,467.00

 

Councilor Mutter asked what the actual total FF&E budget that was available.

 

Mrs. DiModica replied $450,000.

 

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

 

17. R-08-96 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Wenger of Owatonna, MN for music equipment in amount not to exceed $10,409.00

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 13 BY STRIKING THE WORD ART AND REPLACING IT WITH THE WORD MUSIC.  VOTE 7/0.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED.  VOTE 7/0.

 

18. R-08-97 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with HUB Technical Services of South Easton, MA for notebook computers for interactive classroom whiteboards in an amount not to exceed $20,970.00

 

Councilor Mutter asked if none of the other computers that they bought could be used for this purpose. 

 

Robert Legacy, the Director of Information Technology, replied the original laptops they had purchased are in a laptop cart used for classroom purposes these are attached to the smart board, a fixed unit. 

 

Councilor Morris asked if these are going to become obsolete before they are done paying for them and if so is this something that should be part of a master lease.

 

Mr. Legacy replied that it is hard to answer when they are going to be obsolete.

 

Councilor Mutter clarified that the question was they had different type of borrowing for the computers so why wasn’t this part of that.

 

Mr. Legacy replied that it was because they are a separate unit because when they purchased computers they purchased the classroom computers these are actually for the smart board interaction and at that time they weren’t sure what smart boards they were going to use.   

 

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

 

19. R-08-98 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with School Specialty Education Essentials of Greenville, WI for classroom furniture for the new science wing in an amount not to exceed $41,057.55

 

Council President Higgins stated that this is on the Connecticut Master Bid Lease and he has asked the Finance Director if that is legal and he indicated that they have used it under the Intra Municipal Agency exception.   

 

Councilor Mutter asked for an explanation of what this classroom furniture actual is.

 

The principal explained that in the new Science Wing, in the 15 rooms, there are benches built in but there aren’t stools for them or teachers desks.

 

Council President Higgins asked how much the stools were.

 

The principal replied that she believed they were $24 each.

 

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

 

20. R-08-99 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Virco of Torrance, CA for 17 double pedestal teachers desks for Science Department in an amount not to exceed $6,992.61

 

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

 

21. R-08-100 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with SAX Arts & Crafts of New Berlin, WI for art equipment in an amount not to exceed $8,351.69

 

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

 

22. R-08-101 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Blick Art Materials of Galesburg, IL for art equipment in an amount not to exceed $2,453.79

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

23. R-08-102 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Shur-Az of Pawtucket, RI for indoor trash receptacles in an amount not to exceed $3,714.06

 

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

 

24. R-08-103 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with Victor Stanley, Inc of Dunkirk, Maryland for trash receptacles in an amount not to exceed $3,224.00

 

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

 

25. 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 stated that he has an issue with this resolution because there was no backup information indicating whether there were bids requested and submitted, was a master list or was it a sole source.

 

Alex Prignano, the School Department Business Manager, explained that this was a competitive bid which they received three bids and this was the lowest bidder.

 

Council President Higgins was presented with three quotes by Mr. Prignano and asked if the advertised for bidding.

 

Mr. Prignano replied that they did not publicly advertise for bidding.  

 

Council President Higgins asked the Town Solicitor if this was legal.

 

Mr. Hefner replied only if it is a sole source provider.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE AUGUST 20, 2008.  VOTE 6/1.

Nay:  Councilor Morris

 

26. 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

 

Council President Higgins stated that he also has an issue with this resolution because there was no backup information indicating whether there were bids requested and submitted, was a master list or was it a sole source.

 

Alex Prignano explained that this is a sole source provider.

 

Council President Higgins asked if there was any documentation that they are the sole source provider of this item.

 

Councilor Kirkpatrick referred to their page 4 of 10 where there is a reference to sole source provider.

 

Council President Higgins believed that referred to the language lab. 

 

Councilor Morris pointed out that right on the quote it reads that “retail prices on your quote total you will save $6,400.00 with Lentines” which to her means that they could buy this from someone else.

 

Council President Higgins stated that due to the fact that they have no documentation they can either table the matter, approve subject to providing that the Mayor receive the documentation indicating they are in fact a sole source provider.

 

Councilor Mutter stated that he feels that he isn’t going to vote something and pass the responsibility onto the Mayor to make that decision and he feels that the Department needs to provide that information to the Council.    

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS VOTED TO APPROVE SUBJECT TO THE MAYOR OBTAINING CONFIRMATION THAT THIS IS A SOLE SOURCE PROVIDER.  VOTE FAILED 5/2.

Nay:  Council President Higgins, Councilors Mutter, Ackerman, Lemois and Albuquerque

 

27. R-08-106 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with MHQ of Marlborough, MA for one (1) eight passenger van for the Special Education Department in an amount not to exceed $17,706

 

Council President Higgins stated for the record that this resolution was not part of the FF&E.

 

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

 

28. R-08-107 – A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with HUB Technical Services of South Easton, MA for elementary and middle schools computer equipment in an amount not to exceed $208,984.70

 

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

 

29. R-08-108 – A resolution authorizing an increase to the approved amount of the existing contract with Northeast Interior Systems of New England of East Providence, Rhode Island in an amount not to exceed $5,971 for additional cabinetry as a portion of part II of the CHS2010 Phase III project at Cumberland High School

 

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

 

30. R-08-109 – 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 $8,552.80 for the installation of additional fire alarms and equipment as a portion of part III of the CHS 2010 Phase III project at Cumberland High School

 

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

 

31. R-08-110 –A resolution amending resolution 08-47 relating to the Northern Rhode Island Collaborative

 

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

 

32. R-08-111- A resolution authorizing and empowering Mayor Daniel J. McKee to execute a contract with School Specialties of South Hadley, Massachusetts for Book Shelving for the John J. McLaughlin Elementary School in an amount not to exceed $24,510.07

 

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

                    

PUBLIC COMMENTS:

 

ADJOURNMENT:

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 11:25PM.  VOTE 7/0.

 

 

__________________________________

Sandra M. Giovanelli, Town Clerk

 

 

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

 

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