MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MAY 7, 2008

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:35 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 Regular Town Council Meeting of April 16, 2008, Special Meeting of April 21, 2008 and April 23, 2008.

 

B.  COMMUNICATIONS:

 

1. C-08-27 – A letter from the Town of Westerly seeking support of a resolution that they adopted on April 21, 2008 regarding of House Bill 7108 relating to Labor Relations- Collective Bargaining and House Bill 7776 relating to Labor and Labor Relations- Health and Welfare Funds- Pension Plans

 

2. C-08-28 – A letter from the Town of Newport seeking support of a resolution that they adopted on April 9, 2008 regarding Department of Environmental Management 

 

3. C-08-29 – A letter from the Town of Charlestown seeking support of a resolution that they adopted on April 14, 2008 regarding Rhode Island Department of Environmental Management, Water Resource Division

 

4. C-08-30 – A letter from the City of Warwick seeking support of a resolution that they adopted on April 18, 2008 regarding a resolution to the General Assembly to enact legislation requiring seat belts on school busses.

 

Council President Higgins asked that the April 23, 2008 minutes reflect that Vice Chair Mutter convened the meeting.

 

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

 

LICENSES-

 

A.  EXTENDED HOURS LICENSES-PUBLIC HEARING:

 

1.   An application for an Extended Hours License from Demetrius Sampalis for KD Donuts, Inc. d/b/a Dunkin Donuts located at 4120 Mendon Road

 

Public Hearing Opened at 7:37pm

 

Demetrius and Dennis Sampalis, owners of Dunkin Donuts were present to request an extending their hours of operations one hour, opening at 5 a.m. instead of 6a.m. and closing at midnight.    

 

Council President Higgins asked if this request included the use of the drive thru.  

 

Dennis Sampalis replied that yes they would like the use of the drive thru with.

 

Council President Higgins asked what steps can be taken to reduce the noise levels from that.

 

Dennis Sampalis stated that they can look at the lowering the speaker system between those hours. 

 

Council President Higgins stated that there is a property behind their fence and asked if they knew how close it was.

 

Dennis Sampalis replied that he is not a hundred percent sure of far that property is from them but they do have shrubs, trees and fence to drown out the noise 

 

Councilor Lemois explained that he is aware of other businesses with similar situation that do not use the speaker between that hours and instead they just drive up to the window and order.

 

Dennis Sampalis stated that they want to work with the neighbors and if they have a problem with the noise they would then consider not using the speaker for that hour but a majority of their customers go thought the drive thru.  

 

Councilor Morris stated that she is concerned about the drive thru and speaker at that time because of the property behind them and asked if they would entertain opening the doors at 5am without the drive thru.

 

Dennis Sampalis stated that they do not want to lose their drive thru customers because 70 percent of their customers use the drive thru

 

Councilor Morris clarified that she is worried about the property owner behind them that is going to hear the noise of either the drive thru speaker or person at the window ordering at 5 a.m.  She would like to initially try it without the drive thru for 6 months and if the neighbors doesn’t have a problem with the noise then they can extended the time.

 

Dennis Sampalis stressed that they understand that there is a neighbor behind them and they are very willing to work with them but they are afraid that if they are not allowed to use the drive thru they will lose customers to competitors. 

 

Councilor Ackerman stated that she is in favor of this license.  She contends that she drives by this location every day consciously looking at the distance and believes there is a substantial distance between the properties and with the fencing and shrub only adds to the buffer.  She agrees that if there is a problem that Councilor Lemois’ suggestion of not utilizing the speaker would be a viable option.

 

Demetrius Sampalis explained that the new speaker systems are designed to direct the sound directly from the car to the building and no where near the fence.   

 

Council President Higgins stated that he believes that they should approve the license unconditionally and then bring them back if there are any problems.

 

Councilor Morris it is more difficult to revoke a license than it is to issue one, she would like to start off conservative but it is Councilor Ackerman’s district so if she is comfortable with it she is fine with no speaker from 5am to 6am.

 

Council President Higgins stated that if there was in fact a problem they wouldn’t be looking to revoke the license but to put limitations on the license in regards to the speaker.

 

Councilor Mutter asked for clarification from applicant whether he is agreeing to keep the speaker off from 5am to 6am.

 

Dennis Sampalis explained that they would prefer to be granted the use of the speaker because they fell that ordering at the window would only back up traffic due to the fact that from the time the order is placed at the speaker the order is complete by the time they reach the window.   

 

Councilor Ackerman asked if they believed that there would be substantial amount of customers at that hour.

 

Dennis Sampalis replied that most of the Dunkin Donuts who open at 5 am do get a significant amount of customers.  He also pointed out that they believe that there is more noise to those neighbors from route 99 then there will be from the drive thru speaker.  He explained that 70 percent of their customers are drive thru customers and they will lose customers if they are not allowed to use the drive thru or speaker. 

 

Councilor Mutter asked that if they received a lot of complaints would they shut the speaker off.

 

Dennis Sampalis replied that they would definitely shut the speaker off if there were any complaints because they won’t want to upset the neighbors.

 

Mary Cadoret of 33 First Avenue stated that she is a short way down the road and admitted to not wanting the gas station at that location but it is there and so far there haven’t been any problems not even the traffic.  She explained that she is close enough and she doesn’t believe that the speaker would bother the neighbors.  

 

Duane Hamm of 7 Windy Valley Drive, right next door, stated that he didn’t have a problem with opening at 5am or the drive thru speaker but would like to know if they attend to close later.

 

Council President Higgins clarified that the request is to open an hour earlier, 5am instead of 6am closing but they would be closing at midnight.  

 

Public Hearing Closed at 7:54pm

 

Councilor Ackerman made a motion to approve and Councilor Morris seconded the motion with the stipulation that if there are any complaints they will shut off the speaker between 5 am to 6am. 

 

Council President Higgins asked Mr. Hefner if they would require that at the time of approval or would they bring them back if there were problems because he is not sure how they would police that.

 

Mr. Hefner advised the Council to grant the license and then if there is an issue bring them back at that time.

 

Councilor Morris requested that her motion be withdrawn.

 

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

 

2.      An application for an Extended Hours License from Tony El-Nemr for Noruria Energy Retail, Inc, d/b/a Cumberland Shell located at 4120 Mendon Road

 

Public Hearing Opened at 7: 56 p.m.

 

Public Hearing Closed at 7:57 p.m.

 

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

 

Councilor Morris stated she wanted to make sure that the record reflected that the minutes from the special use permit show that they limited the hours of operation from 5am to 12 midnight and they have a letter from the Building Official, Ray Madden stating that the car wash not be open at 5am. 

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND THE MOTION BY LIMITING THE EXTENDED HOURS TO THE USE OF THE GAS STATION/CONVENIENT STORE.  VOTE 7/0.

 

B.  SPECIAL EVENT NON-PROFIT ENTERTAINMENT LICENSE:

 

1.   An application from the Jack Costa for Lusitana Club located on 10 Chase Street for the Annual Saint John’s Feast to be held on Friday, June 20, 2008; Saturday, June 21, 2008; and Sunday, June 22, 2008

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS    AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO THE PUBLIC SAFETY CONDITIONS.  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 (Presented by Council President Higgins on behalf of the Administration)

 

Councilor Morris stated that this matter is still at the Planning Board level.  She believed that the Planning Board reviewed the matter at their last meeting and continued the matter for a month so she doesn’t believe it would be able to be heard by them until the end of May. 

 

Mr. Hefner explained that the Planning Board had concerns that by changing the zone from C-1 to C-2 there should be certain uses that should not be allowed so they wanted to take the time to review all the possible future uses. 

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 4, 2008.  VOTE 7/0

 

2.  #08-12 – An Ordinance Authorizing the Sale of a Portion of Tax Assessor’s Plat 53, Lot 1604 to Valley Affordable Housing Corp. (Presented by Council President Higgins on behalf of the Administration)

 

Public Hearing Opened at 8:03pm

 

Mayor McKee explained that this is a follow up an the Epheta House on Manville Hill Road which the Council approved a few months back for the Town to repurchase from the Northern Rhode Island Collaborative for 625,000 and at the time they also had on the resolution that they would be reselling a portion of that property, about 4 acres, for $400,000.  He added that the net cost to the Town for more than half of the property, 4.65 acres, $225,000 which is less than what the Town sold it for 6 years ago.  He further explained that the 4 acres at $400,000 is being sold to Valley Affordable Housing who has qualified a several million dollar federal grant to build 41 one bedroom senior affordable housing units, which will help with the Town’s affordable housing quota and it will be part of the taxable property.  

 

Councilor Ackerman stated that this is definitely a win, win situation for the Town because it allows them to take care of the affordable unit quota with little impact on her district as far as traffic is concerned. 

 

Council President Higgins asked if the actual process of building the building has to go through the development plan review or any other approvals.

 

Mayor McKee replied there needs to be approval by the Planning Board for the Comprehensive Permit.    

 

Council President Higgins stated that the reason that this is going through this channel is because they had the right of first option on this property.

 

Mayor McKee agreed with Council President Higgins’ clarification and added that when they sold the property to the Northern Rhode Island Collaborative they had first option to buy it back anticipating that they may have actually build the classroom.  He explained that they had a change in their business plan and approached the Town about putting the property on the open market but their were able to negotiate this transaction which he believes is good because it is zoned R-3 which allows families so putting in the affordable housing on the seniors not only gives them tax revenue but also allows them to avoid potential impact it may have on the schools.        

 

Public Hearing Closed at 8:06pm

 

 

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

 

3.  #08-13 – An Ordinance Amending the Ordinance Establishing the Salaries of the Executive Staff and Other Positions (Presented by Council President Higgins on behalf of the Administration)

 

Councilor Mutter explained that the Finance Sub-Committee met this past Monday evening on this matter.  He further explained that keeping in mind that they levy that was passed previously depended on some State Aid that didn’t come in and they are hesitate to add any expenses but they were informed that the School Department did not need $211,000, which they had budgeted under Master Lease/Capital Improvements.  He stated that at that same meeting the Finance Sub-Committee instructed the Finance Director, Tom Bruce that they would be looking for the remainder of what was the anticipated revenue that was put into the levy would have to come out of a further expense reduction and even though Mr. Bruce is not present he has provided them with a revised worksheet that shows the beginning of that process.  He concluded by stressing that they are recommending passage but that they are looking for the projected expenses to be in line with the budgeted amount, which was not the case in the 2005 and 2006 levy. 

 

Public Hearing Opened at 8:12pm

 

 

Public Hearing Closed at 8:13pm

 

Council President Higgins noted that this particular ordinance is limited to approximately 6 employees who were not granted an increase in January due to the fact that they hadn’t been in their positions for less than a year. 

 

Councilor Lemois stated for the record that he thought the overall increase in the executive package and the whole budget process within the line item was handled in a very unique way making most of the money available with the overall line item increasing less than 4 percent.  

 

Councilor Morris stated that she would like to clarify something based on something that she read in one of the local papers, which is do we have a Deputy Human Resource Director.

 

Mayor McKee replied that they do not have a Deputy Human Resource Director.

 

Councilor Morris stated that there is a reference of a Human Resource Clerk, which she understood was a one day allocation of secretarial work to the Human Resource Director.

 

Mayor McKee explained that they took an existing position, the Municipal Court Clerk, and assigned that individual to assist the Solicitor’s Office on Human Resource so it is the same person, same pay with multiple job responsibilities. 

 

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

 

4.  #08-15 – An Ordinance Amending the Ordinance Relating to the Tax Rate (Presented by Council President Higgins on behalf of the Administration)

 

Council President Higgins explained that this ordinance was amended on an emergency basis under ordinance 08-14 and the amendment is to the so-called Scully tax cap.  He read the language that was added, “in the case when the certified total taxable net assessed value is less than the certified total taxable net assessed value of the prior year, the tax rate increase shall be greater than the rates listed below (5-3 percent limits) subject to RIGL §44-5-2 (State Tax Cap of 5 percent this year)”.  He explained that they are amending it in this ordinance because the Solicitor has advised them that the previous amendment was temporary an emergency basis only therefore this ordinance seeks to make it permanent. 

 

Public Hearing Opened at 8:21pm

 

Public Hearing Closed at 8:22pm

 

Councilor Mutter stated that the Finance Sub-Committee met on this and felt that it is important to speak to the fact that this ordinance is not the only ordinance that speaks to the tax levy, in fact ordinance 04-29 entitled related to the annual tax levy and tax rates doesn’t get nearly the publicity that ordinance 08-15 got.  He added that he won’t go into the details although he is not giving up the fight that it is obviously in the details and honorable people should pay attention to them before they say you steal stole things or other such rhetoric that gets printed in local papers.  He pointed out that on this particular ordinance there is a line that they would check that limits the first quarter tax rate to be no more than 1 percent less and they could have taken that option, amended this ordinance and it would have gotten no press at all.  He continued by stating they could have amended the ordinance, presented a levy that instead of using the collection rate that they were mandated to use they could have raised it 2 percentage points passing a rate that was significantly less that what they had to pass but would have produced a deficit significantly higher than the previous administrations two prior years which were $1.3 million and $2.4 million dollars respectively.  He added that both levies passed projected expenses over the budget, in 2004-2005 the projected the expenses $920,000 over what was budgeted and 2005-2006 $212,000 over what was budgeted, directly against ordinance 04-29.  He stressed that the drain on the Water Department increased the sewer fund back in a deficit after it has been taken out of a deficit in the years of 2000 to 2004.  He mentioned that these facts only because of some of the rhetoric that has been going on and he wanted to stress that these are not his facts but those included in Moody’s Investment Service’s last opinion to the Town that speaks to those changes.  He read a portion of the Moody’s Investment Service’s report into the record.  He stressed that when the Council had to pass the tax levy there were ordinances other than 08-14 they had to consider and in the rear view mirror were two years of deficits totaling $3.7 million dollars with those budgets that were passed with came with 3 percent tax increases so the taxes went up 3 percent and they lost $3.7 million dollars which is more than 3 percent in the long run.  He stated that it has been banded that there was a 14 percent increase between 2000 to 2004, which he doesn’t believe is correct because the last year was a 4.9 projected tax rate and in fact it actually came up as 3.3 when it was voted on but even if he was to use the 14 percent divided by four years that is a 3.5 percent increase on average.  He recalled that in 2000 it had a massive deficit, the bond rating had been lowered 5 notches and State take over was discussed, when it was all done for that 3.5 percent average they got 7.9 million dollar surplus, 5 notch increase in the bond rating.  He contrasted that for 3 percent the following two years they got $3.7 million dollars in deficit, bond rating didn’t go anywhere and a negative outlook from Moody’s.  He concluded that the Council in respect to 04-29 followed the rules it had to follow and produced a levy worksheet that balanced and the Finance Sub-Committee, after much deliberation, recommended passage.      

 

Council President Higgins followed up Councilor Mutter’s comments in terms of the setting of the tax rate and the rhetoric he took special objection to the allegation that the Council was acting in secret because this Council has made it a point to open up the process to the public. 

 

Councilor Morris stated that as a rookie on this Council she thanked the Finance Sub-Committee and Councilor Mutter for educating her on this very complicated process of taxing and levying because she has learned a lot in the past year.  She also stated that she is very proud of this Council because they are very honest with what they are doing and sometimes they are not easy but they are doing it. 

 

Mayor McKee stated that the reason that this ordinance was done was to fix a flaw in a well intended ordinance to keep property taxes down and contained under a certain level of a cap.  He added that when property value goes down that was not considered in the ordinance when it was first passed and they are correct that issue which he thanked them for.

 

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

 

NEW BUSINESS

 

A.  COMMUNICATIONS: 

 

1.  A request from Mayor McKee to have Coastal provide the Council with a recycling presentation that includes Schools

 

Mayor McKee stated that as everyone is aware they have been trying to increase the amount of recycling in the Town and after meeting with the Conservation Commission there were some discuss on a mandatory recycling plan, a plan to include the schools in their recycling plan and the possibility of extending the yard waste throughout the summer.  He explained that they have asked Steve Cuomo from Coastal to give a brief update.

 

Steve Cuomo explained that since his last update back in January this year the recycling in Town has in creased from 19 percent to 27 percent.  He continued to explain that on this on going effort to continue to increase the recycling rate they determined that the School Department wasn’t disposing their recyclables under the Town’s cap for which they would get credit.  He stated that they meet with members of the Mayor’s staff and the School Department and came up with an agreement where Coastal would provide bin totters at all the schools to collect all recyclables disposing of it under the Town’s cap thereby increasing even further the current recycle rate.  He pointed out that they are able to this proposal the same amount that was being charged by the current trash hauler for the School Department, Allied Waste.  He added that they are able to hold the line of expenditures for the Schools and increase the recycling rates which will increase the amount of grant money the Town will receive.       

 

Mayor McKee thanked Richard Hilton and the School Administration for their cooperation and collaboration in order to provide a service and increase recycling anther example of how they try to create some level of partnership with the Schools to benefit the Town.  He concluded that they will be back next month in order to include this into the agreement as well as extending the agreement.      

 

2.  A request from the Conservation Commission to have Coastal expanded the Yard Waste Collection to the months of June, July, August, and September

 

Julie Guerin, Chair of the Conservation Commission, stated that the Commission is very happy with the rate of the recycling.  She added that they definitely wanted to support increasing some type of recycling and they didn’t always agree that was the best way to go but it turns out that this was really a great program and a great first step.  She explained that they would like to raise the issue where the yard waste isn’t picked up the four months during the summer when people are generating the most yard waste.  She continued to say that everyone knows how heavy a bag of freshly cut grass weighs well those bags are all going to the landfill and contributing to the large tipping fees that they are paying already.  She stated that they would support looking a the cost of recycling that and having it picked up as a separate pickup in the brown bags throughout the summer anticipating that it would further reduce the amount of refuge going into the landfill.  Mrs. Guerin also stated that as an environmental consideration she would still like it to be reviewed even if the cost wasn’t exactly equal because the Town would be setting a great example for the State for recycling something as easy as grass clippings.

 

Steve Cuomo explained that the Town has a cap of resource recovery 1642 tons for yard waste each year and last year they were at 791 tons so they are correct in assuming they are under the cap so if they expanded the program and increased the yard waste collection putting under the cap at no additional dollars.  He further explained that the problem is that there are two different caps, refuge solid waste cap and a yard waste cap, and right now the yard waste is being disposed under the refuge cap.  He pointed out that the cost to extend the yard waste an additional nineteen weeks would be $3800 per week a total cost of $72,700 for the nineteen weeks.  He recommended that would not be cost effective to the Town and they should continue to dispose of it with the refuge and still stay under the cap with no additional cost. 

 

Council President Higgins asked if there is any effort on the part of the Town to start their own mulch program. 

 

Mayor McKee replied that they a looked into that a few years ago and it is labor intensive but it doesn’t mean that they won’t continue to work with the people that are interested in doing that. 

 

3.   A request from Mayor McKee to discuss the Naming the Police Department Building the “John J. Partington Public Safety Building”

 

Mayor McKee explained that he would like to bring the Council up to date regarding some meeting that are scheduling a dedication for the Police Station June 1^st at 2pm.  He mentioned it in case the Council wanted to any additional information and so they could save the date.  He also stated that this past weekend John Partington was inducted into the State of Rhode Island’s Heritage Hall of Fame that he had the pleasure and honor of representing the Town with the Partington Family.  He concluded that the cost of the sign, $22000, will come out of the Police Budget because it is a Police building.     

 

Council President Higgins asked for a brief recess.

 

B.  RESOLUTIONS:

 

1.  R-08-58 – A Resolution Authorizing an Increase to the Approved amount of the existing contract with Columbus Door Company of Warwick, Rhode Island in an amount not to exceed $5,709 for the provision and installation of a pair of Galvanized Doors and Associates Hardware as a portion of Part III of the CHS2010 Phase III Project at Cumberland High School

 

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

 

2.  R-08-59 – A Resolution Authorizing an Increase to the Approved amount of the existing contract with Columbus Door Company of Warwick, Rhode Island in an amount not to exceed $440 for the installation of a window in the newly constructed vice Principal’s Office as a Portion of Part III CHS2010 Phase III Project at Cumberland High School

 

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

 

3.  R-08-60 – A Resolution Authorizing and Empowering Mayor Daniel J. McKee to execute a professional services contract for Fourth of July celebration fireworks with Atlas Pyrotechnics, Inc., of Jaffrey, New Hampshire in an amount not to exceed $7,500.

 

Mayor McKee explained that this is for the fourth of July annual fireworks and this is the company the Town has contracted for the last few years. 

 

Councilor Morris asked if this amount is the same as last year, she believed it is the same amount.

 

Councilor Higgins asked if this was a professional service contract.

 

Mr. Hefner responded that he does not believe this fall in under professional service.

 

Council President Higgins stated that is what it said in the resolution and asked if this is the only proposal.

 

Mr. Hefner believed that in the past this was the only company who submitted a proposal every year.

 

Mayor McKee stated that this can be tabled if needed.

 

Council President Higgins responded that he does not want to delay the fire works.

 

Council Mutter clarified that the resolution reads that they solicited bids and the Town received one qualified bidder and that this amount has been the same for the last four years.

 

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

 

4.  R-08-61 – 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 $2,355.31 for additional electrical devices as a portion of Part III of the CHS2010 Phase III Project at Cumberland High School.

 

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

 

5.  R-08-62 – A Resolution Authorizing the Contribution of $250,000.00 by the Town of Cumberland towards the acquisition of Town of Cumberland Assessor’s Plat 40, Lots 1 and 3 and one acre of Plat 40, Lot 24

 

Mayor McKee stated that this is a piece of property that has been in the works preceding his administration.  He added that it is a good piece of property off of Pound Road and this is the agreement the Town made at the time to make this contribution.  He informed that the funds are in the Open Space fund and John McCoy of the Land Trust can speak to the time frame of the transaction.

 

John McCoy explained that he has been handling this matter for the Land Trust and there are other contributions also coming from the Water Supply Board ($200,000) and DEM ($325,000).  He added that they have been waiting on the DEM contribution since the contract but they are ready to go as well as the Water Supply Board so as soon as they get this contribution they will be ready to close.

 

Council President Higgins asked why the Council should approve this contribution and what is the benefit to the Town.

 

Karen Saucier from the Land Trust replied that they won’t get the possibility of a subdivision.  She explained that the landowners had a subdivision plan that they were going to enact if they had not step forward.  She further explained that the property has valuable watershed land and out of 42 grant applications in the State this grant application scored number 9.  She added that this property also has a natural heritage sight and an archeological sight.      

 

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

 

6.  R-08-63 – A Resolution Authorizing Mayor Daniel J. McKee and the Finance Director, Thomas M. Bruce III, to execute and deliver a Master Lease Agreement with Sun Trust Equipment Finance and Leasing Corporation, Inc. Towson, Maryland related to the purchase of School Department Capital Equipment in an amount not to exceed $1,600,000.

 

Mayor McKee requested this resolution to be tabled for two weeks.

 

Councilor Mutter noted that the Finance Sub-Committee did meet on R-08-63 this past Monday and part of this resolution is to not pay 20 year bond money for technology that only lasts 3 or 5 years.  He mentioned that this is a discussion that they might recall the Finance Sub-Committee had months ago along with the line item in the budget. 

 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR MORRIS AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 21, 2008.  VOTE 7/0

 

PUBLIC COMMENTS:

 

ADJOURNMENT:

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO ADJOUNR AT 9:22PM.  VOTE 7/0.

 

 

            _________________________________________

Sandra M. Giovanelli, Town Clerk

 

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