MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 24, 2008. VOTE 6/0.

3.   R-08-63 - A Resolution Authorizing Mayor McKee and the Finance Director, Tom Bruce, III, to execute and deliver a Master Lease Agreement with the Sun Trust Equipment Finance and Leasing Corporation, Inc. of Towson, Maryland related to the purchase of school department capital equipment in an amount not to exceed $1,6000,000 (last tabled from May 7, 2008)

Tom Bruce presented an amended fiscal note based on information received from the lease company.  The difference is the entire amount of the lease payments are borne out of the municipal budget; previously it was noted that out of 5 years the second and subsequent years the school would pay their own portion.  The School Department needed to place computer in schools other than the high school, and 75% of the master lease amount was put into a budget adopted on June 14, 2007.  The resolution approving the contract indicated 4 sources of financing, including a construction lease approved by the finance committee.  The borrowing of approximately $1 million for a construction lease would increase the $3.5 million original bond to $4.6 million so both Ashton and Cumberland Hill would be able to construct small gymnasiums.  The technology equipment at the high school is the leased assets, but the proceeds of the lease, because we have already paid for the computers, would go towards the construction budget.  The building committee at the high school had a $30 million budget at the inception of the project and we discussed a $29 million bond issue last year, which did not occur.  Originally we had planned to borrow $29 million, add the $1 million here, and use impact fees to pay it.  However, this year’s impact fees are very low compared to our expectations.  Alex Prignano has e-mailed a list of items that they purchased under this lease plan and for which the School Department expects reimbursement.  President Higgins stated that he thought we were going to try to get the $1 million from the 2010 budget.  We were not anticipating additional debt.  Mr. Bruce stated that we were already committed at that time.  Mayor McKee stated that the impact fees were expected to fill the gap. There was anticipated $1 million in impact fees to close the gap once the impact fee ordinance is amended, a good amount of the debt service will come directly from impact fees and not tax revenues. Equipment at the elementary, middle, and high schools will be securing the lease, but the actual proceeds will be going into the general fund.

 President Higgins asked why Tom Bruce is required to sign the agreement along with the Mayor.  He responded that there were various tax documents and IRS forms he needed to sign.  President Higgins asked what the procedure will be to be notified of actual spending amount; only authorizing up to $1.6 million. 

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

1.  Appointment of Alan Brodd as the Water Superintendent and part-time Assistant Engineer

Mayor McKee explained that he has asked Mr. Brodd to serve as Water Superintendent and to also perform some functions of the Assistant Engineer.  He is requesting a five-year contract, which has been done before. He spoke of Mr. Brodd’s qualifications and ability to deal with various problems within the Town.  President Higgins confirmed with Mr. Heffner that the Council would be able to appoint Mr. Brodd to two positions. President Higgins reviewed Mr. Brodd’s resume and asked for an explanation of “in-training” for a Grade 3 Drinking Water License.  Mayor McKee explained that Mr. Brodd was waiting to accept the position until he had passed the required testing, which happened in mid-April.  Mr. Brodd explained that the State had asked him to retest because he needed an active daily involvement in water, which he did. It takes 1 year to become permanent.  Councilor Kirkpatrick questioned Mayor McKee regarding salaries previously approved by the Council in May; the salary listed is lower than that offered to Mr. Brodd. The Mayor states there are funds in the account because the position has been unfilled so there are adequate dollars available and will need to amend the ordinance regarding salaries.  Councilor Mutter stated that he reviewed the charter, and there is no requirement that the Assistant Town Engineer job must be full time.  President Higgins suggested that an ordinance be drafted to create the Water Superintendent position, which has not been previously done, though it does appear in the Executive Staff Ordinance. 

MOTION BY COUNCILOR MUTTER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE THE APPOINTMENT OF ALAN BRODD AS THE WATER SUPERINTENDENT AND PART TIME ASSISTANT TOWN ENGINEER PROVIDED THAT SALARY ORDINANCES REFLECT THE ACTUAL AMOUNT PAID AND IN THE CASE OF THE ASSISATN ENGINNER NO MORE THAN A RATE OF $15,000/YEAR AND OTHER APPROPRIATE LEGISLATION BE AMENDED TO REFLECT WHAT IS HAPPENING.  VOTE 6/0.

B.  CLAIMS:

1.   Annette Poulin of 12 Forestdale Drive, Cumberland

Referred to the Finance Sub-Committee

2.   James Murphy of 38 High Ridge Road, Cumberland

Referred to the Finance Sub-Committee

C.   RESOLUTIONS:

1.   R-08-64 - A Resolution Authorizing Mayor Daniel J. McKee to Execute a Quitclaim Deed to  Billington Farms, LLC

Thomas Hefner explained that approximately four years ago when the Planning Board approved Billington Farms they directed that a sewer/drainage easement be deeded to the Town but what in fact took place was a quitclaim deed, quitclaiming the drainage easement area to the Town of Cumberland which was executed and recorded.  He added that however the drainage easement was not recorded so what has happened now that the project is going forward is that there is a cloud on the title of nine lots.  He concluded that this would quitclaim back that easement area and then get a drainage easement back for the same property as they should have several years ago.  Council President Higgins asked if they were receiving taxes on that land that they owned.Mr. Hefner replied that he did not check on that so he is not sure. Councilor Ackerman stated that as a title examiner she appreciates this corrective measure.       

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

2.   R-08-65 - A Resolution Memorializing the General Assembly to Enact Legislation authorizing the Town, with the approval of the qualified electors, to issue bonds and notes for the purpose of financing road improvements in the Town

Mayor McKee explained that this is a request to put on the November ballot anticipating public vote for $2.5 million dollar road improvement bond to complete a list of roads that need repair dating back to 2004 and any new roads that are in need of repair.

Councilor Mutter asked if there is any way the government can come up with a list of roads that need repair and ensure that those roads actually get repaired regardless of the administration.  

Mayor McKee replied that he is unsure how they can do that.

Council President Higgins suggested drafting an ordinance that would mandate a list be generated in an objective manner and that the list be followed.  He also requested that the Council be provided a copy of the existing road list and a possible update of that list.    

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

3.  R-08-66 - A Resolution Authorizing and Empowering Mayor Daniel J. McKee to Enter into an Employment Agreement with the Superintendent of Water

Mayor McKee summarized that this is a request to enter into a 5 year agreement with Alan Brodd for $65,000 and benefits consistent with what is in the executive benefit package. 

Council President Higgins stated that after reading the contract the only difference he sees in this contract is that Mr. Brodd would have a five year agreement, the benefits language all refers to the benefit ordinance and the salary is set in the first year subject to the usual procedure of increases or decreases on the Council’s annually salary increase.  He concluded that they are really only voting to allow the Mayor to enter into that five year agreement.  

Mayor McKee explained that this agreement is needed for this position because it has proven to be a difficult position to fill and there is precedent for this position to have agreements.  He stated that this in this case there is a need for an individual who has a certain amount of ability and qualifications which Mr. Brodd possesses.
 
Council President Higgins asked what the precedent in the Water Department is that the Mayor is referring to.

Mayor McKee explained that back in the early 1990’s, Neil Fiorio was given a five-year agreement.

Council President Higgins asked if there is any limit on the length of the contract similar to that of the three-year limit of the School Superintendent's contract.  

Mr. Hefner replied that may well be State Law relating to School Departments and he is not aware pf that applying to anyone in the municipal side.  He stated that in the Charter there are certain members of the executive staff that would not be able to sign a contract because the language for certain positions state that they are appointed by the Mayor, approved by the Council to serve a term concurrent with that of the Mayor but many of the positions including this one does not have that limiting language.  

Councilor Mutter clarified that the contract reflects a starting salary that is not in compliance with the salary ordinance, #08-13, so he asked which one supersedes, the contract or the ordinance.  

Mr. Hefner stated that what they can do is execute everything but submit an appropriate amendment to the salary ordinance and make it retroactive to May 22, 2008 which has been done with salary raises before.  

Councilor Lemois asked for clarification that this contract is only for the Water Superintendent duties.

Mayor McKee replied that was correct.

Councilor Mutter asked that whatever is in this contract be reflected in the executive staff position manual during the Finance Sub-Committee's review of that manual.   

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

4.   R-08-67 - A Resolution Authorizing an increase to the approved amount of the existing contract with CAM HVAC & Construction of Smithfield, Rhode Island in an amount not to exceed $1,101 for a smoke damper in the electric room as a portion of Part II of the CHS2010 Phase III Project at Cumberland High School

Councilor Ackerman asked if this done as a reaction to the fire they had earlier in the year in the electrical room.

Thomas Bruce, the Finance Director, replied that he does not believe so but he does believe it was in reaction to State Code.  

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

5.   R-08-68 - A Resolution Authorizing the Town of Cumberland to issue general obligation judgment bonds for the purpose of providing funds for the payment of uninsured portion of a settlement arising out of litigation against the Town relating to those certain matters entitle Delaney Vs Kusminski, (C.A. NO. 02-7096) and to issue not more than $132,000 bonds therefore

Council President Higgins asked if there is a time urgency on this because he prefers to have the Finance Sub-Committee review it first. 

Thomas Bruce replied that the official statement has already been put together by Bond Counsel and the pricing date is next Tuesday with the issuing date on Wednesday and included the re-financing bond but if they do not approve it is not too late to amend the amount down $1 million.  He noted that the amount was $1.6 million on the prior judgment bond resolution that they approved.     

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

D. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

1.   #08-16 - An Ordinance establishing the Operating Budget for the town of Cumberland for the Fiscal Year 2008-2009 (Presented by Council President Higgins on behalf of the Administration)

Referred to the Finance Sub-Committee

2.   #08-17 - An Ordinance establishing the Water Department Budget for the Fiscal Year 2008-2009  (Presented by Council President Higgins on behalf of the Administration)

Referred to the Finance Sub-Committee

3.   #08-18 - An Ordinance establishing the Sewer Department Budget for the Fiscal Year 2008-2009  (Presented by Council President Higgins on behalf of the Administration)

Referred to the Finance Sub-Committee

4.   #08-19 - An Ordinance establishing the Recreation Department Budget for the Fiscal Year 2008-2009 (Presented by Council President Higgins on behalf of the Administration)

Referred to the Finance Sub-Committee

5.   #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)

Referred to the Ordinance Sub-Committee