MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JUNE 4, 2008

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:35p.m. by Council President Higgins.  

 

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

 

MEMBERS PRESENT:

 

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

 

Also present Mayor Daniel J. McKee, Thomas E. Hefner, Town Solicitor and Sandra M. Giovanelli, Town Clerk 

 

MEMBERS ABSENT: 

 

GENERAL ANNOUNCEMENTS

 

Council President Higgins announced that they had scheduled and posted a budget meeting for Friday at 7:00 p.m. but due the action taken at tonight’s budget hearing that meeting will be cancelled.

 

Council President Higgins also announced that they received with deep regret a letter of resignation from one of the members of the Zoning Board and if there is no objection he would like to begin the process of posting the vacancy.

 

Council President Higgins reminds the Council that the Senior Picnic is tomorrow at 11:00 a.m.

 

Councilor Mutter recognized the efforts of the committee that put together the dedication Sunday for John Partington.

    

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

 

A.  Acceptance of Minutes of the Regular Town Council Meeting of May 21, 2008.

 

B.  COMMUNICATIONS:

 

1. C-08-37 – A letter from D.E.M. regarding an Insignificant Alteration-Permit, Application No. 07-0202 in reference to Assessor’s Plat 60, Lot 11, Utility Pole No. 111, intersection of West Wrentham Road and Pine Swamp Road, Cumberland, RI

 

2. C-08-38 – A letter from the Warwick School Committee that was adopted on May 13, 2008 regarding a resolution to the General Assembly in support of House Bill 7108 relating to Labor Relations - Collective Bargaining 

 

3. C-08-39 – A letter from the D.E.M. regarding Freshwater Wetlands Program, Application No. 07-0430 in reference to Assessor’s Plat 21, Lot 60, Utility Pole No. 9A2, intersection of New York and Alaska Street

 

Councilor Morris asked if it were possible to take out communication, C-08-39, of the consent agenda in order to have a discussion. 

 

Council President Higgins asked if anyone had objection to removing the communication, C-08-39, of the consent agenda in order to have a discussion.  Hearing no objection he entertained a motion to approve consent agenda without C-08-39.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE THE CONSENT ADENDA SANS COMMUNICATIONS NUMBER 3, C-08-39.  VOTE 7/0.

 

Council President Higgins explained that communication C-08-39 is a letter from the D.E.M. regarding Freshwater Wetlands Program, Application No. 07-0430 in reference to Assessor’s Plat 21, Lot 60, Utility Pole No. 9A2, intersection of New York and Alaska Street.  He added that this is a notice of a petition to alter wetlands, he was informed that there would be neighbors present this evening and asked the Town Solicitor if there is any problem with having them heard this evening.

 

Mr. Hefner replied that this is on the agenda and anyone who has any interest in this matter should be here and if they aren’t they waive their right so he sees no reason why the neighbors present couldn’t be heard.     

 

Annette Birnan of 15 Alaska Street, an abutter, was present to address her issues with the flooding of the area.  She also passed to the Council pictures of her property demonstrating the flooding.  She concluded that this area has always had drainage issues and is concerned that if there were a home built in the proposed location it would create further problems. 

 

Councilor Morris stated that she received Mrs. Birnan’s email and asked if she has been notified of any kind of development plan application with the Planning Board.

 

Mr. Hefner replied that he doesn’t remember this being on the Planning Board agenda but informs that if it had then the neighbors would have received notice.    

 

Lori Olivier of 54 New York Avenue, an abutter, was present and explained that the property in questions is right in her backyard.  She also had pictures she passed around which will show that the flooding is washing away her back walkway.

 

Councilor Morris stated that the Town Engineer left her a voice mail stating that DEM is very strict with these applications but she thinks they have time within the deadline for the Town to take some action.  She explained that she would like to continue the matter for two weeks in order learn more about this and talk more with the Town Planner and Town Engineer.  

 

Council President Higgins stated that there could be some hope to improve the situation.

 

Councilor Morris pointed out that Mr. Jeffers the Town’s Public Works Director did state that generally once the DEM handles a case the property and its surrounding properties are left in a better situation than before.  She concludes that this may be an opportunity for the neighbors to get better drainage.

 

Council President Higgins also cautions the abutters that in the notice from DEM they were given the right to make comments and this hearing is not a substitute for that so if they feel they should express their concerns to DEM. 

 

Susan Angel of 5 New York Avenue, an abutter, was present and also had pictures that show how bad the flooding is in the area and her property.  She added that she thought that DEM was put in place to protect wetlands not disturb them but she hopes that they can resolve this before it gets to far.

 

Council President Higgins explained that the only option the Council has is to vote to disapprove it and notify DEM of it at which point DEM will take it from there.

 

Katie Montanaro of 60Alaska Street was present and thanked her neighbors for informing her because she did not receive a notice because she is slightly short of the 200 foot radius.  She voiced her opposition to this application.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 18, 2008.  VOTE 7/0.    

 

OLD BUSINESS

 

A.  ORDINANCES FOR PUBLIC HEARING:

 

1.  #08-11 – An Ordinance for a change to the Town of Cumberland Zoning Map - Assessor’s Plat 53, Lots 6, 7, 8, 9, 10 & 11

 

Council President Higgins stated that it is his understanding that this matter is still before the Planning Board after being referred to them at the last Council meeting as well as the Ordinance Sub-Committee.

 

Mr. Hefner explained that this matter was on the Planning Board’s agenda last Friday and was one of the matters that they did not have time to get to but will be heard tomorrow night at a special meeting.

 

Councilor Morris explained that the Ordinance Sub-Committee has scheduled a meeting on this matter and other matter for June 12^th at 7 p.m. in the Council Chambers.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 18, 2008.  VOTE 7/0.

 

2.  #08-20 – An Ordinance relating to the issuance of licenses or permits to carry concealed pistols and revolvers (Presented by Council President Higgins on behalf of the Administration)

 

Council President Higgins stated that the last Council meeting this matter was referred to the Ordinance Sub-Committee at their discretion.

 

Councilor Morris explained again that this matter will be discussed at the next Ordinance Sub-Committee scheduled for June 12^th at 7 p.m. in the Council Chambers.

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 18, 2008.  VOTE 7/0.

 

B.  RESOLUTIONS:

 

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

 

Councilor Mutter explained that both resolutions are still in Committee.

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 16, 2008.  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 TABLE TO JULY 16, 2008.  VOTE 7/0.

 

NEW BUSINESS:

 

A.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:  

 

1.  #08-13A – An Ordinance amending the Ordinance establishing the salaries of the Executive Staff and other positions

 

Referred to the Finance Sub-Committee

 

2.  #08-21 – An Ordinance in amendment of Ordinance 92-38 creating and establishing the position of Superintendent of Water

 

3.  #08-22 – An Ordinance for a change to the Town of Cumberland Zoning Map–Assessor’s Plat 51, Lot 11

 

Councilor Morris explained again that this matter will be heard at the next Ordinance Sub-Committee scheduled for June 12^th at 7pm in the Council Chambers.

 

Referred to the Planning Board and the Ordinance Sub-Committee

 

PUBLIC COMMENTS

 

ADJOURNMENT

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 7:59PM.  VOTE 7/0.

 

________________________________________

Sandra M. Giovanelli, Town Clerk

 

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