| 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 19, 2008
COUNCIL CHAMBERS, TOWN HALL
45 BROAD STREET, CUMBERLAND
REGULAR SESSION
The meeting was called to order at 7:38 p.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 Special Town Council Meeting of February 25, 2008, the Regular Town Council Meeting of March 5, 2008, and the Special Meeting of March 12, 2008
B. COMMUNICATIONS:
1. C- 08-13 – A letter from D.E.M. regarding an Insignificant Alteration-Permit, Application No. 07-0169 in reference to Assessor’s Plat 17, Lot 4, intersection of Cargill Road and Bear Hill Road, Cumberland, RI
2. C- 08-14 – A letter from D.E.M. regarding an Insignificant Alteration-Permit, Application No. 07-0299 in reference to Assessor’s Plat 50, Lot 221, Utility Pole No. 47, intersection of Elder Ballou Meeting House Road and Bound Road, Cumberland, RI
3. C- 08-15 – A letter from the Town of Portsmouth seeking support of a resolution that they adopted on February 25, 2008 regarding amendments to RIGL 16-7-44 School Housing Project Cost
4. C- 08-16 – A letter from D.E.M. regarding Freshwater Wetlands Program, Application No. 07-0049 in reference to Assessor’s Plat 15, Lots 7and 8, Cumberland, RI
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
C. DEPARTMENT REPORTS:
Parks and Recreation Department
LICENSES-
A. VICTUALLING HOUSE LICENSE:
1. An application for a Fourth Class Victualling House License from Tony El-Nemr for Nouria Energy Retail, Inc, d/b/a Cumberland Shell located at 4120 Mendon Road
Tom Healey was present to speak on behalf of the Cumberland Shell, an employee of Nouria Energy Retail.
Council President Higgins explains that this is an application for a Fourth Class Victualling House License. He further explained that as read on the application this license applies to an establishment with no seating area, furnishing prepared foods, deli style items, perishables and/or coffee such as convenience/variety stores.
Councilor Morris stated that she heard from people in the area that there is going to be a Dunkin Donuts in that establishment.
Mr. Healey answered that there will be a Dunkin Donuts with a drive-thru window.
Councilor Morris explained that she sat on the Zoning Board when the application came before them and the Dunkin Donuts was not mentioned. She claimed that it is her opinion that a Dunkin Donuts use is a fast food use which does not happen to be allowed in a C-1 zoning district. She stated that she is also aware that that the neighbors have been asking the Building Official about this Dunkin Donut use and the Building Official, in consultation with some other officials in Town, has not taken any action. Councilor Morris added that she has also been informed that an appeal on that inaction she believes was filed yesterday morning. She concluded that in all good conscience she cannot support a license for this establishment until the zoning issue is cleared up.
Mr. Healey stated that they are leasing the property and his company was not involved in the permit phase of this project; however, this was an issue that they had numerous discussions about with the property owner during the lease negotiations. He mentioned that at that time it was stated very clearly to them and also reflected in the Zoning Board minutes that it was an approved use because it was considered ancillary to the convenience store. He believed that the reason for this decision was because this will not be your typical Dunkin Donuts where you have seating, this would just be a walk-up counter with a drive-thru.
Councilor Morris stated that having a separate business within a business will require a zone change.
Councilor Morris stated that she has reviewed the minutes of the Zoning Board meeting and it was never brought up with regards to a Dunkin Donuts use and in fact the plans do not even show a drive-thru window. She clarified that it was brought up by the Planning Board but the Planning Board has no authority to approve a use variance or zone change. She added that even if it was in a C-2 zone a fast food use requires a special use permit so unfortunately no matter what the Planning Board saw or did not see they do not have the ability to grant the type of relief that is required for that type of use. She pointed out that she does understand that people have taken the position that this is an ancillary use but she has a hard time with that because if they allow an ancillary use that is prohibited than any ancillary use could be established that is prohibited. She concluded that she does not necessarily think that a Dunkin Donuts should not be allowed there but if they allow an ancillary use to be established in a C-1 zoning district than they are allowing any ancillary use to be allowed in that C-1 zoning district.
Mr. Healey stated that it is typical of convenience stores to have coffee offering.
Councilor Morris responded that they do have coffee but not Dunkin Donut’s coffee. She stated that if they were to look at the definition in the Zoning Ordinance it specifically identifies your use, a take-out window, does not mention tables, mentions drive-thru which is prohibited. She concludes that this needs a zone change and if they have had discussions with the powers here in Town she is not sure why a zone change has not been applied for.
Mr. Healey stated that he feels a little blind-sided by the possible request for a zone change because they were given this property with permits from the Town and State showing the facility that they built.
Council President Higgins clarifies that at this point this is only the opinion of one Council person and that he has not been formally been asked to do anything.
Mr. Healey understands that and does respect the Council person’s opinion on that and he does want to address her issues. He pointed out that the Dunkin Donuts operation will be operating as a separate business under a separate franchisee.
Councilor Morris clarified that her only reason for objecting is to protect the entire town from “ancillary” uses that are prohibited.
Councilor Lemois stated that he would be in support of the approval of this license and the Dunkin Donuts if it is done in the proper fashion. He added that the fact that Mr. Healey mentioned that the Dunkin Donuts will be a separate business under a separate licensee indicates that it is separate and what they find common in this area is different that what is common for them in Massachusetts, which is where he believes that are mostly located. He explained to Mr. Healey that it is common in this area to have a certain part of the convenience store sell self serve coffee--to have a separate business within a business certainly falls under the need for a zone change, in his opinion.
Councilor Kirkpatrick asked if the Dunkin Donuts would be leasing space from the convenience store.
Mr. Healey replied that is correct that Dunkin Donuts would be leasing space and also the Dunkin Donuts would be a satellite operation and it would be stocked from their stand-alone facility down the road from the convenience store location. He mentioned that the Dunkin Donuts would be applying for their own Victualling House License.
Solicitor Hefner explained that he is having a hard time distinguishing this proposed use with the uses of all the other convenience stores and gas stations in the Town right now because they all sell fast food. He defined fast food can be coffee or anything prepared on the premise for consumption on or off the premise and it is incidental to the main use. He added that this was a case that was decided by the Zoning Board in 2005 with no one appealing their decision and there was a map that showed a drive-thru with no window. He continued to explain that it then went to Superior Court and came back to the Zoning Board and Planning Board who made their decisions. He suggested that they consider the convenience stores victualling house license without the Dunkin Donuts because he has a compilation of things for the Council to read and review to decide what the Zoning Board either did or did not do in order to make their own decision. He concluded that this is not the first establishment in Town to do this.
Council President Higgins stated that they would be interested in obtaining the information on those prior licenses. He also added that the drive-thru window and the Dunkin Donuts is a separate issue than what is before them because what they have here is an application for a victualling house license for the gas station.
Councilor Mutter stated that it is obvious that they are wrestling to protect their zoning ordinances and really not their application. He also stated that they all understand what they are trying to do and are not against the concept but they cannot approve it on that merit when they know they might be going against the zoning ordinances. He asked if there will be an attendant there making sandwiches in the store or will there be an aisle of these products. He explained that it is important to know the difference to ensure that they get the license that fits what they want to do and at the same time follows our rules. He concludes that if there is an attendant preparing the sandwiches, he believes the Fourth Class Victualling House License might not allow that use.
Mr. Healey respectfully argued that they are applying for the correct license because a Third Class Victualling House License involves a seating capacity, which they do not have.
Mr. Hefner stated that he believes that the convenient store is applying for the appropriate class of license.
Councilor Mutter made a passage for the Fourth Class Victualling House License with the stipulation on the record that it only does not include another franchise on the location.
John Andrade, an abutter, of 14 Windy Valley was present and stated that he visited this company's website which specifies that this location will be selling beer and wine.
Mr. Healey replied that was an IT error that he will make sure gets corrected immediately.
Councilor Mutter clarified that passage of this license would not allow the sale of beer and wine.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND ALBUQUERQUE, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO IT BEING LIMITED TO THIS PARTICULAR LICENSEE, HEALTH DEPARTMENT APPROVAL, DIVISION OF TAXATION APPROVAL AND PAYMENT OF TAXES IF ANY. VOTE 7/0.
B. HOLIDAY LICENSE:
1. An application from Tony El-Nemr for Noruria Energy Retail, Inc, d/b/a Cumberland Shell located at 4120 Mendon Road
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO IT BEING LIMITED TO THIS PARTICULAR LICENSEE, HEALTH DEPARTMENT APPROVAL, DIVISION OF TAXATION APPROVAL AND PAYMENT OF TAXES IF ANY. VOTE 7/0.
2. An application from Kim and Gary Caron for Kim and Gary’s Ice Cream Machine located on 4288 Diamond Hill Road
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. An application from Diane M. Crosby d/b/a Next Level Fitness located on 3751 Mendon Road
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR MUTTER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
C. 2008-2009 RENEWALS-
ENTERTAINMENT LICENSE:
Andrew’s Bistro
Blackstone River Theatre
Cantina DiMarco Restaurant & Grill
Filibuster Club
Good Times Pub & Restaurant
Mickey’s Valley View Pub, Inc
O R Ventures Valley Café’
Pitcher’s Pub
Richard Land, Receiver for EveryBuddy’s Bar & Grill
Royal Panda Restaurant
Slam. Inc Third Base
Stephanie’s, Inc.
Valley Café, Inc.
Valley Park Pub Ltd
Councilor Albuquerque recuses himself as a current holder of one of these licenses.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 6/0
FIREARMS:
J.A. Sales
Quack Decoy Corp.
Sanford, Steven
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 7/0
HAWKER LICENSE:
Blaise’s Holiday Shop
Cumberland Fire Fighters
Pivo’s Landscaping
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXS. VOTE 7/0
HOLIDAY LICENSE:
A.J. Seabra
Ann & Hope
Apollo Auto Sales
Best Services
Blackstone Valley Outfitters
Blockbuster Video
Chapel Pharmacy
Cumberland Convenience Store
Cumberland Farms
Cumberland Hill Liquors
Cumberland Petro Center
Cumberland Wine & More
CVS Retailers
CVS Church
CVS Bear Hill
Dave’s Market
Depault & Sons
Diamond Hill Convenience
Diamond Hill General
Diamond Hill Sunoco
Diamond Xtra Mart
Dollar Tree
Food Mart
EZ Mart d/b/a Diamond Hill Market & Gas
High Street Market
JA Appliance
J.L.’s Dollar & Discount
Jorge’s Auto Inc
Neighborhood Variety
NB Gas Inc
Paul’s Liquor Mart
Pop’s Liquor
Roger’s Hardware
Sir Charles Hallmark
Super Stop & Shop
The Cumberland Spot
The Fair
The Ultimate Bronze & Body
Tony’s Market
U-Haul
Valley Floor Covering
Valley Motor Inc
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 7/0
JUNK CARS:
Route 16 Used Auto Parts, Inc.
Councilor Mutter recuses himself due to his involvement in the automotive industry
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 6/0
KENNEL LICENSE:
Boday, Michael & Barbara
Frampton, Elizabeth
Goodman, Tammy
Howe, Richard
Kelly, Carolyn L.
Moran, Lynn
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 7/0
PEDDLER’S LICENSE:
Bill’s
D C Enterprises
Don’s Frozen Lemonade
K & S Novelty
Palagi’s Ice Cream 2000, Inc
Councilor Mutter asked if the people selling flowers on the streets and/or in front of stores on holidays need to have a license to do that.
Mr. Hefner replied that they need to have either a peddler's and hawker's license.
Council Mutter asked what Department enforced those licenses when they fall on a holiday.
Mr. Hefner responded that the Police Department would be responsible for enforcement and for confirming that those vendors have an active license in Town.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 7/0
PRIVATE DETECTIVE:
Clearly, Richard
Howe, Richard W.
Lowe, Brandon d/b/a Interstate Investigations
Maguire, Barry J. d/b/a NE Risk
Walsh, John F.
Williamson, Henry Joseph
MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ACKERMAN AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 7/0
USED AUTO PARTS:
Bill’s Auto Parts, Inc
Centennial Leasing
King’s Auto Parts
Valley Motor Sales
Councilor Mutter recuses himself because of business relationships.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF TAXES. VOTE 6/0
FINANCE REPORT:
- General Fund Report as of 2/29/08 for the current FY 2007-2008 period
Finance Director, Tom Bruce, explained that the General Fund Report is for seven months into the fiscal year. He further explained that regarding their usual focus point, the prior year tax levy, which is a $22 million dollar budgeted revenue, to date they have collected 88 percent of that amount. He added that this has been their problem in past years where this account has not met budget. He added that however, due to their adjustments, out of a 7 year trend they are at 88 percent which surpasses other years with the exception of 2004 which was a banner year. He stated they have sent out delinquent notices for real estate taxes, the response is very weak; it is a sign of our times. He pointed out that Health Insurance is running positive. He added that recordings, building permits and realty transfers accounts are so low this year that they might not even meet budget with the budget amendment they just did but if the 2007 tax levy account has a surplus it will offset that problem. He informed that on the $30 million bond which will be issued in May, RIBEC has formally approved their application to join five other towns. He explained that in many regards they are on their own in that relationship--we are not in the group of Towns but some of our credit profile will be judged as a group and hopefully strengthen our interest rate by the group once they get it in on the actual sale.
OLD BUSINESS
A. RESOLUTIONS:
1. R-07-187 – A resolution relating to the Town of Cumberland Employee Manual
Councilor Mutter explained that both R-08-187 and R-08-188 are still in the Finance Sub-Committee and are not ready to receive their endorsement.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 16, 2008. VOTE 7/0
2. R-07-188 – A resolution adopting the Executive Position Description Manual
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR LEMOIS, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 16, 2008. VOTE 7/0
B. ORDINANCES FOR PUBLIC HEARING:
1. #07-12 – An Ordinance relating to the Senior Citizen Tax Deferment Program (last tabled from February 20, 2008)
Councilor Mutter stated that this is still in the Finance Committee. He added that if he recalls correctly, the last time they met in Committee on this matter the Administration based on that he would like to have it remain in Committee.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 2, 2008. VOTE 7/0
2. #07-27 – An ordinance relating to Fair Development Impact Fees (last tabled from Feb. 20, 2008)
Councilor Morris stated that there is additional information that the Planning Director, Mr. Aubin, needs to provide so she would like to continue this in Ordinance Sub-Committee.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 16, 2008. VOTE 7/0
3. #07-34 – An ordinance relating to Naming Town of Cumberland Town Council Chambers in Honor of Everett Bonner, Jr. (Presented by Councilor Mutter)
Councilor Mutter asked that this be referred to the Ordinance Sub-Committee.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 2, 2008. VOTE 7/0
4. #08-03 - An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as Amended, amending the ordinance & map thereof with reference to Cumberland Assessor’s Plat 11 in the Town of Cumberland ordains. (618 Broad Street)
Councilor Mutter recused himself.
Council took a five minute recess in order to allow time for applicant to setup for presentation.
Council reconvened from recess at 8:45p.m.
President Higgins stated that after being reviewed by the Planning Board and Ordinance Sub-Committee it was returned with a positive recommendation.
Public Hearing opened at 8:46p.m.
Scott Partington, attorney for the applicant, was present to request the rezone of the property from Residential-3 (R-3) to Commercial-1 (C-1). He explained that the current building is in disrepair and applicant intends to build a new structure in accordance with the plans that are before the Council. Mr. Partington cautioned that this plan represents their intentions; however, because this is over 1,000 square feet they have to go to the Planning Board for Development Planned Review so there might be certain changes that are made. He passed out maps and plans of their intention and stated that they are proposing to erect a 35,000 square foot building with retail on the first floor and three residential apartments upstairs. He pointed out that these are obviously not allowed uses in Residential-3 (R-3). He addressed the general area by referring to a radius map of the area, which he provided the Council, showing that of the 31 listed abutters within a 200 foot radius 14 were commercially zoned. He stated that the Planning Board approved with a nine to nothing approval with respect to the Comprehensive and that they also had a meeting with the neighbors where they had a good turn out and went well. He also stated that when they went before the Ordinance Sub-Committee they received a positive recommendation; however, Councilor Morris placed a condition on their approval that the buffers that were pictured in the plan would remain substantially the same.
Council President Higgins asked if the proposed building will be in the general vicinity of the existing building.
Mr. Partington responded that the building will be moved forward closer to the street.
Council President Higgins asked if the retaining wall in the plan is all on one lot.
Augustus Rehimur, a representative from Premier Development, the architectural company for the applicant, was sworn in by the Town Solicitor. He explained that if they are familiar with the property there is a substantial slope but it is all on one lot. He further explained that there is a substantial slope and what they were trying to do is get the building closer to the road to get the surface parking behind the building. He added that they plan to handle the slope by using uni-block to build up a 20 to 30 foot slope which abuts the U-haul Storage facilities.
Councilor Albuquerque asked what type of buffer they planned to use and whether there would be any parking in the front of the building.
Mr. Partington replied that he does not believe the landscaping plan has been completed but the buffers are going to be some type of tree. He also responded that the parking will all be in the rear of the building.
Councilor Lemois asked what the completion date of the project would be.
Alan Albert, the property owner, was sworn in by the Town Solicitor. He replied that he is hoping that the project would be completed in six months.
Councilor Morris asked Mr. Albert if he has any interest in the space yet.
Mr. Albert responded that Subway has inquired about the space.
Public Hearing closed at 9:08p.m.
Councilor Morris stated that the Ordinance Sub-Committee reviewed the proposed plan and is recommending passage but their concern is the neighbors so they would like there to be substantial buffers and trees, not just grass, to protect the neighbors.
MOTION BY COUNCILOR ALBUQEURQUE, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED BY ROLL CALL VOTE TO APPROVE THE ZONE CHANGE FROM R-3 TO C-1 SUBJECT TO THE INCLUSION OF BUFFERS WHICH ARE SUBSTANTIALLY SIMILAR to those indicated on the proposed site plan. vOTE 6/0.
5. #08-04 - An ordinance for a Change to the Town of Cumberland Zoning Map, Assessor’s Plat 35, Lot 3 & 4 (Mendon Road)
Council President Higgins stated that they have not received any official request for a continuance other the letter submitted with Ordinance No. 08-09 on the agenda tonight for presentation only, which indicates that they want that ordinance and this ordinance heard at the same time.
Councilor Morris explained that the Comprehensive Community Plan needs to be heard and approved before the Zone Change can be heard.
MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 16, 2008. VOTE 7/0
6. #08-06 - An Ordinance in Amendment of the Ordinance Setting Certain Tax Exemptions on Real and Personal Property (Presented by Council President Higgins on behalf of the Administration)
Councilor Mutter stated that this did receive endorsement of the Finance Sub-Committee but they were unsure about the eligible date, March 15, which has passed.
Mayor McKee stated that going forward they wanted to align it with the Senior Deferral Tax Plan to keep things consistent. They have received some applications that predate March 15; they will act on those but going forward they will make that deadline March 15.
Public hearing opened at 9:23p.m.
Public hearing closed 9:24p.m.
MOTION BY COUNCILOR MUTTER, SECOND BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE BYA ROLL CALL VOTE. VOTE 7/0
NEW BUSINESS
A. COMMUNICATIONS:
1. A Request from Frank Geary to go before the Council to introduce the newly formed Franklin Farm Association
Julie Guerin, Chairperson of Conservation Commission, states she is pleased and proud to participate in preserving the Franklin Farm.
Frank Geary introduced the association, Conservation Metcalf Franklin Farm, which is responsible for the 1854 house, barn and fields. He explained that this is a volunteer organization which is non-profit and will be responsible for the community garden. Their goal is to provide educational programs for children.
B. CLAIMS:
1. Mr. & Mrs. Bruce Boyer of 2135 Mendon Road
Referred to the Solicitor’s Office and if necessary to the Finance Subcommittee
C. RESOLUTIONS:
1. R-08-29 – A Resolution Authorizing Mayor Daniel J. McKee to engage the services of Joseph A. Montalbano, Attorney at Law, of North Providence, Rhode Island for the August 12, 2008 Tax Sale in an amount not to exceed $125 per lot and plat and $50 per deed.
Councilor Ackerman recused herself due to a business relationship.
Tom Bruce explained that this resolution is required by the tax sale process and for this firm the rates are
the same as last year. He added that the tax sale is on August 12th this year.
Councilor President Higgins questioned the meaning of the language in the resolution that referred to “per lot and per plat”.
Mr. Bruce explained that the language “per plat” should be stricken.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND IT
IS UNANIMOUSLY VOTED TO AMEND LINE 9 AND 32 BY STRIKING THE WORDS, “AND
PLAT”. VOTE 6/0.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK
AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 6/0.
3. R-08-30 – A Resolution Authorizing the Issuance of Tax Anticipation Notes
Councilor Morris recused herself.
Mr. Bruce explained that this particular borrowing has been discussed several times in Finance Sub-Committee for several months and the actual resolution was written by the Town’s Bond Counsel, Moses & Afonso; specifically, Attorney Daniel Wahl has been working with them. He further explained that in order to make a decision on this tax anticipation note they examined the water fund borrowing, rate anticipation notes and multi-year borrowing that they might do next year. Mr. Bruce stated that the decision came down to just getting through the month of April with the proceeds from this borrowing being received by the Town by April 4th the latest. He pointed out that the May 1st tax bills will take them out of any type of straining because of the $20 million dollars they will collect from the May 1, 2008 tax bill. He mentioned that this is a bank qualified and approved tax anticipation note which will open up to a full range of bidders made up of mostly banks in the New England region. He recalled that he had previously quoted an estimated 3.45 percent interest rate but he now believes it might be lower than that. He explained that the interest rate is applied to the period of April 4th to June 30th, so they will have proceeds that are already in the cash flow. He stated that the cash flow for the general fund and water fund are attached to this resolution for the record.
Mayor McKee added that this borrowing is directly related to the water department. The Cumberland Water Department has at this point been advanced close to over $5 million dollars which is causing a tremendous strain on our General Fund. He explained that they should not be in this position but they are so they are making moves to correct that and the Council last Wednesday night approved a 4 percent increase on the rate as well as adjusted the wholesale rate back to a level where it should be, which over the last three billings had been reduced during the last administration. He concluded that this is a short term plan for a cash flow issue that they are currently under, but they plan to work with the Council to come up with a long term plan to address that so that this enterprise fund will become independent and not reliable on the general fund.
MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTE TO APPROVE. VOTE 6 /0.
D. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #08-08 – An Ordinance authorizing “No Parking” Zones on Fisher Road (Presented by Council President Higgins on behalf of the Administration)
2. #08-09 – An Ordinance in amendment to the Town of Cumberland Comprehensive Community Plan Ordinance
Referred to the Planning Board for findings and recommendations and subsequently to the Ordinance Sub-Committee
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:35 P.M. VOTE 7/0.
_______________________________________
Sandra M. Giovanelli, Town Clerk
A VIDEOTAPE AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY