| James T. Higgins, At Large | |
| Council President | |
| Antonio J. Albuquerque, District 1 | Jason B. Kirkpatrick, District 4 |
| Council Member | Finance Subcommittee Chair |
| E. Craig Dwyer, District 2 | Mia A. Ackerman, District 5 |
| Council Member | Board of Licensing, Vice-Chair |
| Kelley Morris District 3 | Bruce A. Lemois, At-Large |
| Council President, Pro Tem Ordinance Subcommittee Chair | Board of Licensing Chair Council Member |
MINUTES OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, APRIL 15, 2009
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 Dwyer, Ackerman, Lemois, Albuquerque, and Kirkpatrick
Also present Mayor Daniel J. McKee, Town Solicitor Thomas E. Hefner, and Town Clerk Sandra M. Giovanelli
MEMBERS ABSENT:
Councilor Morris
GENERAL ANNOUNCEMENTS:
Councilor Ackerman would like to tell the seniors and fellow councilors that Sheldon Whitehouse paid a visit to the Cumberland Senior Center to announce a stimulus program that he put forth that will entitle any senior in town who receives a social security check will receive an additional one-time $200 stimulus check in the month of May.
Council President Higgins announces the schedule for the amended budget hearing, Finance Sub-Committee meeting on Monday, April 20, 2009 at 7 p.m.; First Budget Meeting on Tuesday, April 22 at 7 p.m. at the Hayden Center; and Second Public Hearing and Vote on Wednesday at 7 p.m. at the Council Chambers.
UNANIMOUS CONSENT ITEMS
A. Acceptance of Minutes of the Regular Town Council Meeting of April 1, 2009
B. DEPARTMENT REPORTS:
Parks and Recreation Department
C. COMMUNICATIONS:
1. C-09-09 – A request from the City of Warwick seeking support for a resolution that they adopted on March 17, 2009 in support of Senate Bill 09-S0252 and House Bill 09-H5572 Entitled “An Act Relating to Elections- Voting Districts and Officials”
2. C-09-10 – A request from the Town of Jamestown seeking support for a resolution that they adopted on April 6, 2009 in opposition of House Bill 5122 which would create The Turnpike and Bridge Division within the Department of Transportation
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
LICENSE:
A. VICTUALLING HOUSE LICENSE:
1. An application for a transfer of a Fourth Class Victualling House from Demetrios Haseotos to Michael Vamvas for Mr. V’s Convenience Stores located on 1754 Mendon Road
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL, DIVISION OF TAXATION APPROVAL, PAYMENT OF LOCAL TANGIBLE TAXES AND FIRE DEPARTMENT APPROVAL. VOTE 6/0.
B. HOLIDAY LICENSE:
1. An application for a new Holiday License from Michael Vamvas for Mr. V’s Convenience Stores located on 1754 Mendon Road
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DEPARTMENT OF HEALTH APPROVAL, DIVISION OF TAXATION APPROVAL, AND PAYMENT OF LOCAL TANGIBLE TAXES APPROVAL. VOTE 6/0.
2. An application for a new Holiday License from Mazhar Sheikh for Sheikh Inc d/b/a Salon Michique’s Spa located on 1764 Mendon Road Suite #2
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
C. USED AUTO PARTS LICENSE:
1. An application for a new Used Auto Parts License from Paul Dias for Jorge’s Used Auto Parts located at 79 Garden Street
Councilor Lemois asks about the location and the zoning of this property.
Council President Higgins replied it was the previously Kings. The Town Clerk responds it went out of business less than a year ago.
Solicitor Tom Hefner states that unless there was intentional act to abandonment the use, the use would still remain, from a legal perspective there is no problem with this.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO DIVISION OF TAXATION APPROVAL, AND FIRE DEPARTMENT APPROVAL. VOTE 6/0.
FINANCE REPORT:
1. General Fund Report as of 3/28/09 for the current FY 2008-2009 period.
Tom Bruce explains the General Fund Report. This report is for the month ending March 31, nine months into the fiscal year. The taxes for 2008 last years levy still shows a trend of lagging behind prior years, for the most part, 2009 fiscal current year as of March 2009 were 88.56 %. On the report you will see that 2002 – 2008 exceed this value except for the year 2005. The margin of difference in terms of the average versus this 88% are not like prior months this year, it has lagged. This account is subject of the proposed budget amendment and this data will be utilized to answer questions when the amendment is discussed. Other revenues involving what has exceeded their expectations this year about investment income that the town had larger borrowing done last summer in the way of tax anticipation notes and were able to accumulate interest more than prior years.
The rescue revenue has been a success story this year. This administration under the direction of Mayor McKee sort bids that was approved by council to a company named Comstar, they have done a great job. Other revenue beside taxes are Building Permits project to be $110,000 less than budget by June 30; Realty Transfers $70,000; Recording Fees $90,000; 2008 taxes $810,000; and Meal taxes are down through out the state not just in town. These numbers will be discussed in the budget amendment. A typo was noted on the General Fund Finance Report. “The amounts do reflect the proposed budged amendment or the proposed tax levy resolution and worksheet.” The Health Insurance costs are still running with budget at 69.12% after eight months.
Miscellaneous notes, General Revenue Sharing was received yesterday from the state. The tax sales on April 23, 2009 had an enormous response with our tax payers who were conscientious and made arrangements or payments for March and April. In the revenue figures you can see the increase from the tax sales verse prior years. It appears it helps to have an early tax sale, especially this year. Many folk have never had these challenges and with the payment plan it seems to have really helped.
Recently with the help of the Coalition of Mayors, we had a health insurance group involved from that RIMIC, Rhode Island Municipal Insurance Corporation, of which Cumberland is one of eight or nine towns in this group. The original contract which came from our Blue Cross Contract, which was passed the council, we just incurred a re-adjustment of our admin which Mr. Bruce considered to be very low $28 the final step to be $29.50 to $28 because we allowed Blue Cross to take money for their expense on ACH, but the power of volume procurement with several towns its on the bottom line.
The water bills went out two weeks ago and the total tax amount is $2.5 million which reflected the heavy usage period and the additional $25 charge, this will help support this fund.
Councilor Kirkpatrick inquires what items are include in the miscellaneous income.
Tom Bruce responds its one item, refund from Beacon Insurance.
Councilor Lemois states the last financial school report that council received was about four months ago and would like this to be resolved without constantly reminding them.
Tom Bruce recommends that the Town Clerk, as the official communicator send a memo or e-mail for this request.
Council President Higgins stated that the previous council or administration received the report.
Mr. Bruce stated that the previous council had to reinforce the request.
Council President Higgins stated he would handle that.
NEW BUSINESS:
A. COMMUNCATION:
1. Update from Michael Magee on Office of Children Youth and Learning
Dr. Michael Magee gave a brief overview of what has been going on for the last 6 to 9 months. A short film was shown of what he believes is a major achievement The Extended Learning Day Program, a pilot program for the elementary school age children that has been running at B.F. Norton School currently. This is an opportunity for student to continue learning outside of the traditional school day.
Currently running a serious of spring course base programs and there are three times more youths involved this year than last year. It is starting to show the impact of working really hard to create awareness in town of the programs that OCYL has to offer.
Over the pass year there have been over 582 young students enrolled in these course base programs. These programs run from 8 to 15 weeks and are typically run a couple times a week which are pretty intensive and require commitment. Many programs are fee based with the provision that students who have reduce or free lunch can take our programs for free and financial aid is available for those who need it.
Dr. Michael Magee is very happy with the enrollment numbers at the moment going forward. In the past year to eighteen months there has been well over 1250 students in Cumberland participate in many of our OCYL programs. The young film makers club has about a dozen students interested in shooting and editing videos to become young film makers. Just the numbers indicated that there is a lot of traction and awareness that has been taking time to develop is going well. The OCYL offers high-quality art and music program as well as other enriched programs. This year they have started an elementary and middle school town wide course with a very capable teacher, Piera Caruso, a RI certified music teacher and a concert cellist with additional classical training in violin, piano, and voice. About 100 children have participated in the two session total with the ability to grow. Another class has been added to the Early Childhood Literacy Program and it is now at about 75 students participating twice a week for two hours a day for children who are starting kindergarten this September or next September. This is a high-impact program that is designed for them to be ready to read or actually reading by the time the children get into our public kindergartens. SAT classes and chess classes also show high numbers in enrollments.
Over the course of this year they continue work on fundraising, as know early on in the year the OCYL received a pretty sizable US Department of Education Grant which allowed us to get a lot of things off the ground. These funds will last us through this year. Mayor McKee and Dr. McGee have been working on and submitted another US Department of Education Grant. The Mayor has had conversation with Congressman Kennedy, Senator Read and Senator Whitehouse regarding these grants. This is a very strong grant application and they will know in October or November if OCYL will receive that grant and how the funds shall be disbursed sometimes in the following spring or summer, between April and July of 2010. Also they have summated grant applications through private organizations. Also received were large grants for the Mayoral Academy Project however, it can only be used for the Mayoral Academy Program. Any good funding formula that measures student’s need will benefit the learning and public education and the Mayoral Academy can provide this. Our student’s need have been undercounted or not counted at all because the town has a block grant formula which takes a guess of what the districts needs for at risk students. The contribution is based on this even though there is no data behind it.
The Youth Commission has taken off this year. They have developed a summer leadership academy which is the only program of its kind in the state that is really a high-quality, high-impact program. And off of that leadership academy the Youth Commission put together a winter project, as a home heating assistant program that they invented, funded, and did everything themselves.
Dr. Michael McGee thanks Council women Ackerman who has been their liaison and has really been active with that group and advising them and helping to facilitate everything they have been doing.
Councilor Lemois asks how many families the OCYL has touched. Dr. McGee responds over 500 families; their e-mail data base is 650 families.
Councilor Kirkpatrick asks how many staff member for the 40 students. The response was a 6 to one ratio. Four teachers are from Cumberland and the others are from out of town.
Mayor McKee thanks Dr. McGee, Sue Varella, Jason Kirkpatrick and everyone who is associated, for their hard work to make our state stronger and in return our town.
All this hard work is to make a better Cumberland.
Council President Higgins suggested that the School Department should view this short film.
B. CLAIMS:
1. Meredith Jakubiak of 6 Hemlock Drive, Cumberland
Referred to the Finance Sub-Committee
C. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #09-07– An ordinance to reopen and amend the existing budget (Presented by Council President Higgins on behalf of the Administration)
Referred to the finance Sub-Committee
D. RESOLUTIONS:
1. R-09-11 – A resolution of the Town Council authorizing the Issuance of Tax Anticipation Notes
Mr. Bruce states that the borrowing of $2 million is for the period of approximately 75 days, it’s a private sale with our general bank, Citizen Bank, for a price at 2.52 % interest rate. The approximate interest rate for the year is slightly less than $10,356. We need to do this because the town has cash flow that were attached and explained on the July 08 TANS borrowing of $4.5 million, plus there was a large water RANS borrowing. This cash flow was projected to provide adequate liquidity till June 30. In March we did not get pay $1.3 million of General Revenue Sharing and there has been a weaker performance in other revenue areas. The cash flow that was generated and used to start this process of $2 million is attached to the fiscal note and as of the end of April there is a negative of $1.9 million. The actual sales will close on April 16, 2009, we are right up against the wall and have cash holding and will be fined for another week or two. The lowest point of cash liquidity on every giving year is the end of April beginning of May.
Mr. Bruce thanks the council for their consideration and this resolution.
Council President Higgins states this is something we do on regular bases, annual.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. R-09-12 – A resolution authorizing a Tax Assessment Levy for Fiscal Year 2008-2009
Due to the timing of this resolution Councilor Kirkpatrick and Council President Higgins agree to table this resolution till Wednesday, April 22.
Referred to the Finance Sub-Committee on Monday, April 20, 2009
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 22, 2009. VOTE 6/0.
3. R-09-13 – A resolution recognizing April 24, 2008 as “Rhode Island Day of Remembrance of the Armenian Genocide”
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
4. R-09-14 – A resolution authorizing the filing of the 2009 Community Development Block Grant Application.
Councilor President Higgins asks Gerry Tuberville, the Town Planner, if this is free money.
Ms. Tuberville responds yes, it is for the Valley Falls Blackstone area.
Councilor President Higgins states that the work done by Planning Department and OCYL bring a level sunshine to Cumberland and he thanks them for that.
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
5. R-09-15 – A resolution authorizing the filing of an application for Neighborhood stabilization funds and neighborhood stabilization plan relating to such funds
Ms. Tuberville states that Cumberland is one of the seven communities with money that came through November or December of last year because of the numbers of foreclosures and sub prime mortgages. Cumberland received this money because of the Valley Falls low to moderate neighborhood.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PUBLIC COMMENTS:
ADJOURNMENT:
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:46 P.M. VOTE 6/0.
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Sandra M. Giovanelli, Town Clerk