| 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, MARCH 5, 2008
COUNCIL CHAMBERS, TOWN HALL
45 BROAD STREET, CUMBERLAND
REGULAR SESSION
The meeting was called to order at 7:46p.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:
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of February 20, 2008
B. COMMUNICATIONS:
1. C-08-07 – A letter from the Town of Burrillville seeking support of a resolution that they adopted on February 13, 2008 regarding implementation of §46-19 Inspection of Dams and Reservoirs
2. C-08-08 – A letter from the Town of Burrillville seeking support of a resolution that they adopted on February 13, 2008 requesting amendments to §9-31-3 Limitation of damages - Cities, towns, and fire districts
3. C-08-09 – A letter from the Town of Burrillville seeking support of resolution that they adopted on February 13, 2008 regarding the following;
§ H 7042 - School Bus Districts (Supported)
§ H 7043 - Extraordinary Services Reimbursement (Supported)
§ H 7160 - Residence of Children (Supported)
§ H 7261 - School Bus Districts (Supported)
§ S 2102 - Eligibility for Attendance (Opposed)
§ S 2103 - Athletic Directors- Full time (Opposed)
§ S 2107 - Extraordinary Services Reimbursement (Supported)
4. C-08-10 – A letter from the Town of Warren seeking support of a resolution that they adopted on February 12, 2008 regarding Global Warming
5. C-08-11 – A letter from the Town of Newport’s Mayor Stephen C. Waluk inviting the Council to participate in its 52nd Annual St. Patrick’s Day Parade on March 15, 2008
6. C-08-12 – A report from Public Works Director, Eugene Jeffers, relating to a report submitted by Theresa J. Melvin, URI Master Gardener, on the Cumberland Monastery Garden
Council President Higgins asks that a copy of Mr. Jeffers report regarding the Monastery Gardens be sent to Mrs. Melvin.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FINANCE REPORT:
1. School Department Finance Report as of 1/31/08 for the current FY 2007-2008 period.
Alex Prignano, the School Departments Business Manager, was present and highlighted the School Departments reports. He reported that based on the revenues as of January he is projecting for a June variance a $106,000 shortfall in revenue as a result of medicare. He explained that it is really in one area, medicare reimbursements, because there have been a lot of changes.
OLD BUSINESS:
A. ORDINANCES FOR PUBLIC HEARING:
1. #08-01 – An Ordinance relating to Inter-fund Interest Charges (last tabled February 20, 2008)
Councilor Mutter explained that the Finance Sub-Committee met on this matter and the Finance Director requested that the language be amended to make it retro active. He stated that the Finance Sub-Committee recommends passage to the full Council.
Tom Bruce explained that the purpose of the amendment is to make it coincide with the fiscal year and the 0812 Budget Amendment.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS TO UNANIMOUSLY VOTED TO AMEND LINE 21 BY ADDING AFTER THE WORD EFFECT, “TO JULY 1, 2007, UPON ITS PASSAGE.” VOTE 7/0.
Public Hearing opened at 8:23pm
Public Hearing closed at 8:24pm
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE. VOTE 7/0.
2. #08-02 – An Ordinance to Reopen and Amend the Existing Budget (Presented by Council President Higgins on behalf of the Administration for the second Public Hearing and Vote)
Public Hearing opened at 8:25pm
Council President Higgins reads each line amendment into the record.
Public Hearing closed at 8:31pm
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
3. #08-05 – An Ordinance relating to Water Usage Rate Increases (Presented by Council President Higgins on behalf of the Administration)
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO TABLE. VOTE 7/0.
8. NEW BUSINESS
A. CLAIM:
1. Debbie Bruzzi of 53 Little Pond County Road
Referred to Finance Sub-Committee
B. APPOINTMENT:
TOWN PLANNER:
1. Appointment of Geraldine E. Turbeville for a 2.5 position as a Town Planner
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND MUTTER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. RESOLUTIONS:
1. R-08-25 – A Resolution in Support of Legislation to allow the Town of Cumberland to issue Full and Limited Class B Non Transferable Liquor License
Councilor Albuquerque recuses himself as the holder of a current Class BV Liquor License
Mayor McKee explained that the intent here is in terms of an economic development issue, which they have been working to put pieces in place to create some economic development in Town. He further explained that this will help restaurants that are at a disadvantage and this will accommodate some of the requests by a few interested parties in the future. He concluded by stating that this resolution is not an action but support of legislation that would enable them to come back to the License Commission to put together the details for the criteria.
Councilor Mutter states that there is a cap of the number of Class B licenses and would like to know if passage and endorsement of this resolution would raise that cap.
Mr. Hefner clarified that if this doesn’t pass the General Assembly there is nothing to act on. He explained that this would create a separate class B license that has a restriction that would not allow that it be transferred therefore it wouldn’t have any value. He stated that the issue at hand is that if a new business wanted to move into this Town historically there has been the idea that the amount of licenses in this Town could not be raised, which is not conducive to bring in new businesses such as restaurants and hotels. He stressed that this would not increase bars or taverns; it will bring in more revenue with the one percent of tax revenue. He added that this particular type of license was created by the Town of East Greenwich by the General Assembly but this legislation goes one step further that it can’t be transferred to another person or place. He concluded that if the General Assembly passes this legislation he does suggest that the Board of License Commissioners amend their rules and regulations.
Council President Higgins stated that the legislation reads, “the Cumberland Town Council, may in its discretion, issue full and limited Class B licenses which may not transferred to another person or entity, or to another location, but which shall revert to the Town of Cumberland if not renewed by the holder” that he questions if this legislation and its language does not create a new license.
Councilor Mutter referred to RIGL 3-5-16 which states that the Department of Business Regulations has the power to limit the amount the number of licenses of each class which should not exceed the maximum number if any of any class of license that is fixed by the Licensing Boards. He stated that if this is going to be a Class B license there must be some reason that this Town has a cap of 22. He added that he understands the premise but appears to him in some way we are going above the cap but it is just being called something different.
Councilor Morris stated that she thinks this potential legislation is a great idea because the Town would control the license not the owner and it would also be a great opportunity to invite good establishments into the Town.
Council President Higgins stated that his point isn’t whether this is a good idea or not but because the General Assembly is the only body that can create a class of licenses but his question is if this legislation as drafted creates a new class of licenses over and above a Class B. He also questioned how the Liquor Control Board will see the intent of this legislation. He concluded that he will support this for the sole purpose of open up the topic for discussion but he has serious reservations about the legality of it as it is drafted.
Councilor Mutter stated that he is also concerned that this legislation does not clearly create a new class of licenses and when they capped at 22 and kept it that way a value was created. He added that to take that value is a discussion that they need to have because he believes there might be an ethical issue and because of that reasoning he won’t be supporting this resolution.
Mr. Hefner stated that it is his opinion that this legislation as suggested is constitutional, is consist with what has been done for East Greenwich, does not take away for the actual value of the existing licenses that can be transferred and it does create a separate new of licenses.
Mayor McKee pointed out that they would welcome any language changes that better satisfies the Council but stays consistent with the intent and could still be amend down at the General Assembly.
Council President Higgins stated that his desire would to have the General Assembly create a new class of license called Class B non transferable in a separate section.
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS VOTED TO APPROVE. VOTE 6/1. COUNCILOR MUTTER VOTED NAY.
2. R-08-26 – A Resolution in Support of Legislation to allow the Town of Cumberland to enforce Sewer Fees and provide for Real Estate Liens
Mr. Hefner explained that recently they passed legislation relating to sewer tie in fees and one of the issues discussed was to create a way to have people tie in sooner and more incentive to pay their bill. He further explained that the intent of this is to allow sewer charges, interest and liens to be placed on the property. He stated that this allows the Town to allow charges against users and includes Cumberland within similar legislation recently passed with Narragansett, Tiverton and Woonsocket.
Council President Higgins asked if they would need to follow up with an ordinance.
Mr. Hefner replied that they would have to amend the existing ordinance passed two months.
Councilor Mutter explained that they had legislation that had language allowing for unpaid sewage charges be placed as a lien on the property but had to remove it because the only way it could be done was through General Assembly.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-08-27 – A Resolution in Support of Legislation to allow the Town of Cumberland to create a Homestead Exemption
Mayor McKee explained that this would enable the Town Council to put in a homestead exemption that would give some type of relief to the residential properties in Town similar to what other communities have. He added that there is no plan or figures but this would allow them to come back to the Council to create a plan that would potentially give some relief to the residential property owner.
Council President Higgins clarified that the homestead exemption would be a dollar amount set by an ordinance, not the full value of the property, and that amount would be deducted from the assessed value for the taxed imposed similar to the Veteran Exemption.
Councilor Morris stated that she will support this in order to start the process but they obviously have to look at it carefully in terms of how they support the whole Town.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-08-28 – 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 $40,956 for revisions to the handicap accessible doors for the Cumberland Hill and Ashton Elementary Schools
Thomas Bruce stated that this purchase has been approved by the CHS 2010 Building Committee and was somewhat planned where there needed to be new handicap doors installed per ADA handicap requirements.
Councilor Kirkpatrick asked why this wasn’t planned on during the architectural design.
Mr. Bruce explained that these particular doors were not planned but this was as a result of the Fire Marshall and Governor’s Office on ADA approval.
Council President Higgins stated that one would think that the architect would have thought of this.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
D. ORDINANCE FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #08-07 - An Ordinance amending water rates for the Town of Cumberland
Councilor Mutter and the Mayor would like to have a special meeting on this matter as soon as advertisement and posting requirements are met.
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:29PM. VOTE 7/0.
___________________________________
Sandra M. Giovanelli, Town Clerk