MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, APRIL 1, 2009

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:39 p.m. by Council President Higgins. 

 

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

 

MEMBERS PRESENT:

Council President Higgins, Councilors Dwyer, Ackerman, Lemois, Albuquerque, and Kirkpatrick    

 

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

 

MEMBERS ABSENT:

Councilor Morris

 

GENERAL ANNOUNCEMENTS:

Mayor McKee announced that one of the things that they are working on is the Economic Development meetings that most of them attended and from that meeting the small business administration spoke about some very favorable loans that they are planning to make on a national level to small businesses.  He explained that one of those small loan programs is to fund payables and payroll issues with small businesses.  He informed that they are hosting the first Town Hall workshop for the small business community on April 6, 2009 at the Cumberland Library’s Community Room. 

 

Councilor Ackerman stated that she appreciates the Mayor’s efforts.  She has gone to some of the local businesses in her district where she has mentioned to them the upcoming workshop and she has received quite a bit of enthusiasm.  

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Town Council Meeting of March 18, 2009

 

B.  COMMUNICATIONS:

 

1.  C-09-07 - A letter from the Town of Burrillville seeking support for a resolution that they adopted on March 11, 2009, opposing certain articles of House Bill H5679 – An Act Relating to Towns and Cities – Councils and Governing Bodies

 

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

 

LICENSE:

A. VICTUALLING HOUSE LICENSE-

 

1.   An application for a Third Class Victualling House License from Brian and Steven Seagrave for Grand Slam Pizza located on 417 Broad Street

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO APPROVAL FROM DIVISION OF TAXATION, DEPARTMENT OF HEALTH AND THE FIRE DEPARTMENT.  VOTE 6/0.

 

B. HOLIDAY LICENSE-

 

1.  An application for a Holiday License from Alison Pearce of Supercuts Corporate Shops Inc d/b/a Supercuts #9381 located on 6 Mendon Road

 

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

 

2.  An application for a Holiday License from Anthony Brahimsha of T & M Enterprises, Inc. d/b/a Shell Food Mart located at 3492 Mendon Road

 

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

 

OLD BUSINESS:

A.  RESOLUTIONS:

 

1.  R-09-06 – A resolution proposing the Abandonment of portion of Heroux Blvd. in the Town of Cumberland, Rhode Island

 

Attorney John Shekarchi of 132 Old River Road, Lincoln was present on behalf of the petitioners, Kevin Murphy of 77 Norte Dame Avenue and Mark Lucchetti of 98 Heroux Boulevard, who are both immediate abutter for this proposed area of abandonment.  He explained that they are proposing to have an 8,315 foot area of Heroux Boulevard abandoned.  He further explained that it currently it is an undeveloped paper street that is being used as a dumping area for debris and Mr. Murphy spends a great deal of time constantly cleaning the area.  Mr. Shekarchi noted that Mr. Murphy has brought these issues to Town officials in the Building Inspectors Office and they have actually recommended that he seek this abandonment to get control of the land.  He pointed out that according to Rhode Island General Law 24-6-1 they must demonstrate that the area in question has seized to be useful to the public.  He stated that they have read the Planning Board’s conditions and recommendations which they are more than happy to abide by.  He informed that they have obtained signed letter from two of the four immediate abutters to the abandonment that they are not in objection to the abandonment and that they agree to deed their one half that they would get by operation of law to the petitioners.  He informed that they hired a surveyor, Steven Long from MLC Survey, to draft a proposed easement description which was one of the conditions that Planning had asked them for and it is also noted on the administrative subdivision which was included in their packet and will be recorded as part of the land records resulting in the existing sewer stay there and having the easement in perpetuity to remain.  He concluded that they feel that this is a pretty straight forward petition with the two immediate abutters alright with it and they actually gave notice to abutters within 200 feet above and beyond the statutory requirement.

 

Council President Higgins clarified that in this particular petition the abandonment is being requested by the property owners of Plat 54, lots 362 and 159.

 

Mr. Shekarchi replied that is correct which corresponds to 77 Notre Dame Avenue and 98 Heroux Boulevard. 

 

Council President Higgins asked who owns lots 251 and 261.

 

Mr. Shekarchi replied that the two abutters to the right who have both signed letters stating that they do not object and they are willing to deed the one half that they would get by the abandonment to these two petitioners.  He submitted those letters as part of the record.  He also added that it was one of the recommendations from Planning. 

 

Council President Higgins asked Mr. Shekarchi if it is his position that these letters constitute agreements or does he plan on memorializing the deeds as the agreement. 

 

Mr. Shekarchi replied that are going to have the deeds signed, notarized and recorded prior to the subdivision and abandonment going on record.

 

Councilor Ackerman stated that she spoke to the Susi’s just today and they re-stated what Mr. Shekarchi said that they are pleased that someone will be acquiring this to cleaning it up because it has been a dumping ground.   

 

Council President Higgins asked the Solicitor if they are required to have a hearing on this seeing that this in resolution format.

 

Mr. Hefner replied that this is their public hearing.  He added that he would like anything that happens here tonight to be conditioned upon his review of the deeds and/or agreement between abutters as well as the sewer easement that goes through there.   

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS SUBJECT TO THE RECORDING OF AN 20 FOOT SEWER EASEMENT OVER A PORTION OF THE ABANDONED RIGHT OF WAY WHICH PERTAINS TO THE SEWER LINE SAID EASEMENT TO BE APPROVED BY THE SOLICITOR PRIOR TO THE RECORDING AS WELL AS AN AGREEMENT OR DEEDS FROM THE OWNERS OF LOTS 251 AND 261 TO BE APPROVED BY THE SOLICITOR’S OFFICE PRIOR TO RECORDING.  VOTE 6/0.  

   

NEW BUSINESS:

A.  CLAIMS: 

  

1.  Sandra Pickering of 24 Fairview Avenue, Cumberland

 

Council President Higgins stated that this claim is for a pothole on a State road.

 

Mr. Hefner explained that this claim has been forwarded to the State.

 

Referred to the Solicitor’s Office for further proceedings

 

B.  RESOLUTIONS:

 

1.  R-09-09– A resolution to award the bid for installation of drain pipes off Hines Road to D. Ray Inc., of Cumberland, Rhode Island in the amount of Four Thousand Two Hundred and Eighty Five Dollars ($4,285.00)

 

Council President Higgins stated that Mr. Jeffers, the Public Works Director, is present for any questions but it appears that they solicited 3 quotes which the project is under the statutory requirement for bidding and this was the lowest bidder.

 

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

 

2.  R-09-10 - A resolution authorizing the historic Franklin Farm Association to begin repairs in the 1857 Franklin Farm House

 

Councilor Ackerman recuses

 

Frank Geary stated that they are before the Council because they need $20,000 for a master plan that would be added to the $5,000 that Mr. Tom Ward from the Valley Breeze donated as well as the $5,000 a piece donations received from the Heritage Corridor and from the Farm Association.  He added that due to the financial constraints they know there is no money in the Town for this but if they could get the Council’s approval to use as much money as they have until it runs out to make repairs on the house because it is falling apart.  He detailed that the porch is disappearing and the roof is leaking.  He explained that this is their money that they have obtained through small donations and the farm stand proceeds.  He stressed that they are not asking for Town money at this point.

 

Council President Higgins asked how the Council is involved, do their bi-laws require their approval.

 

Mr. Geary replied that the Charter requires that they come before the Town Council and ask and they also do it as a courtesy because it is the Town’s property.

 

Council President Higgins asked the Solicitor if they are subject to the bidding requirements.

 

Mr. Hefner replied that they are not.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 5/0.

 

PUBLIC COMMENTS:

 

ADJOURNMENT:

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR KIRKPATRICK ND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:05P.M.  VOTE 6/0.

 

________________________________________

Sandra M. Giovanelli, Town Clerk

 

 

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