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

SPECIAL MEETING OF THE CUMBERLAND TOWN COUNCIL

TUESDAY, APRIL 22, 2009 AT 7:00P.M.

CUMBERLAND TOWN HALL

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND

 

 

The meeting was called to order at 7:05 p.m. by President Higgins.  

 

MEMBERS PRESENT:

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

 

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

 

MEMBERS ABSENT:

Councilor Morris

 

OLD BUSINESS

A.  ORDINANCE FOR SECOND PUBLIC HEARING AND VOTE:

     

1.  #09-07 – An ordinance to Reopen and Amend the Existing Budget

 

Council President Higgins refers to the Mayor with the understanding that there is a substitute A that he is offering.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED to amend #09-07 WITH #09-07A. VOTE 6/0

 

Council President Higgins taking each section of the amendment, starting with Revenue

 

General Revenue

Property Taxes adopted at $51,118,827 amended to $50,599,394

Licenses, Permits and Fees adopted at $1,183,915 amended to $945,550

Rescue Revenue adopted at $400,000 amended to $545,000

Probate Fees adopted at $38,000 amended to $28,000

Municipal Court adopted at $110,000 amended to $64,000

Interest on Taxes adopted at $310.00 amended to $281,000

Investment Income adopted at $30,000 amended to $115,000

Miscellaneous adopted at $867,700 amended to $1,102,177

A change in the Total from $54,518,442 to $54,137,121

 

State Aid and Grants

General revenue sharing adopted at $1,103,654 amended to $599,651

School Housing adopted at $1,385,226 amended to $1,746,602

Motor Vehicle Phase Out adopted at $2,856,038 amended to $2,787,441

Total was changed from $5,856,907 amended to $5,645,683

 

School Receipts has no changes and Library Receipts has no changes.

Total Revenue adopted at $77,962,229 amended to $77,369,684.

 

General Government

Mayor’s Office adopted at $162,700 amended to $161,566

Town Clerk adopted at $278,230 amended to $276,292

Town Council adopted at $37,900 amended to $37,636

Town Solicitor adopted at $198,817 amended to $197,432

Municipal Court adopted at $46,554 amended to $46,230

Board of Canvassers adopted at $64,294 amended to $63,846

Total adopted $806,127 amended to $800,634

 

Community Development

Planning adopted at $205,671 amended to $204, 238

Zoning Board adopted at $54,544 amended to $54,164

Total adopted budget was $260,215 amended to $258,402

 

Financial Administration

Finance Office adopted at $549,098 amended to $556,401

Collection Department adopted at $179,367 amended to $178,117

Tax Assessors adopted at $143,146 amended to $180,149

Total adopted was $871,611 amended to $914,667

 

Public Safety

Police adopted at $3,694,362 amended to $3,653,013

Telecommunication adopted at $295,768 amended to $295,269 

Rescue Service adopted at $1,351,674 amended to $1,342,257

Animal Control adopted at $131,363 amended to $129,698

Total adopted budget for Public Safety from $5,473,167 to $5,420,237

 

Public Works

Inspection adopted at $156,041 amended to $154,954

Public Works adopted at $2,319,212 amended to $2,303,056

Highway adopted at $1,710,117 amended to $1,672,117

Town Hall adopted at $157,162 amended to $149,151

Recreation adopted at $284,227 amended to $246,246

Total Public Works adopted budget from $4,626,759 to $4,525,524

 

Other Departments

Library adopted at $1,195,267 amended to $1,186,956

Senior Citizens adopted at $169,016 amended to $167,837

Transfer to Sewer adopted at $0 amended to $161,298

Total adopted budget for Other Departments from $1,434,183 to $1,585,991

 

Other Expenditures

Contingencies adopted at $40,000 amended to $20,000

Capital Improvements adopted at $95,900 amended to $75,900

Total for Other Expenditures adopted budget from $372,400 to $332,400

 

Other Financial Expenses

Dept Services Town adopted at $1,613,229 amended at $1,384,448

Fringe Benefits adopted at $4,781,171 amended at $4,801,171

Total for Other Financial Expenses adopted at $10,289,800 to $10,081,019

 

School Department

Town Contribution adopted at $36,258,031 amended to $35,880,874

Other Sources adopted at $17,308,336 to $17,308,335

Total School Department adopted at $53,827,967 to $53,450,809

Total General Funds Expenses adopted at $77,962,229 proposed at 77,369,684

 

Public Hearing is closed at 7:26 p.m.

 

Councilor Kirkpatrick, Finance Committee Chair, proposed some amendments to the amended budget.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend line named Miscellaneous under general revenue FROM $1,102,177 TO $1,108,928. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend Appropriation from vehicle reserve under general revenue FROM $100,000 TO $0. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend the total from general revenue FROM $54,518,442 TO $54,043,872. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend the total revenue FROM $77,369,684 TO $77,276,435. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend under public saftey the line for police FROM $3,653,013 TO $3,673,013. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED to amend the total from public saftey from $5,420,237 TO $5,440,237. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend FROM HIGHWAY from $1,672,117 TO $1,692,117. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend the total from public wORKS from $4,525,524 TO $4,545,524. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR LEMOIS AND ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend THE LIBRARY ITEM from $1,186,956 TO $1,191,956. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend TRANSFER TO SEWER from $161,298 TO $0. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend the total FROM OTHER DEPARTMENTS from $1,585,991 TO $1,429,693. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend THE LINE FOR TOWN MASTER LEASE from $213,987 TO $177,036. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED to amend THE TOTAL FROM Other Financial Expense FROM 10,081,019 TO 10,044,068. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND THE TOTAL TOWN FROM $23,918,875 TO $23,765,625. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND UNDER SCHOOL DEPARTMENT TOWN CONTRIBUTION FROM $35,880,874 to $35,940,874. VOTE 6/0. 

 

Councilor Kirkpatrick defers to the Town Finance Director for verification that the Council adopted Budget Fiscal Year 08-09 Other Sources listed at $17,308,336 verses the propose council amended budget of $17,308,335 it should be in fact $17,308,336 there is a dollar discrepancy.

 

Mr. Bruce agreed there is a dollar discrepancy is should read 17,308,336. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND THE TOWN COUNCIL AMENDED BUDGET FROM $17,308,335 TO $17,308,336.VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND THE TOTAL SCHOOL DEPARTMENT LINE FROM $53,450,809 to $53,510,809. VOTE 6/0. 

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND DWYER AND IT IS UNANIMOUSLY VOTED TO AMEND Total General Fund Expenses from $77,369,684 to $77,276,435. VOTE 6/0. 

 

A five minutes recess was taken at 7:38 p.m. and reconvened at 7:45 p.m.

 

Councilor Kirkpatrick offers an amendment to the Total School Department line from $53,450,809 to $53,510,810 to reflect the $1.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND THE TOTAL SCHOOL DEPARTMENT LINE BY ADDING ONE DOLLAR FROM $53,450,809 to $53,510,810. VOTE 6/0. 

 

Councilor Albuquerque offers to amend page 1 by removing lines 15 to 51. 

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO AMEND #09-07A by deleting line 15- 51 on page 1, Page 2 line 1-54 and page 3 line 1-27. VOTE 6/0

 

Councilor Lemois asked Council President Higgins to give a little more explanation.

 

Council President Higgins explains that these particular lines are really only in amendments and are used for purposes of notifying the public in the advertisement. They are not needed in the body of ordinance once adopted. They voted on the amendment and then substitute the contents of the actual budget into the ordinance because there is no reference to it unless there is an Exhibit A. They filled the hole by amending page 1 line 1 by attaching Exhibit A and then amend the budget by labeling it Exhibit A.

 

Council President Higgins states there is nothing in the ordinance now, so now we will add.

 

MOTION BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND PAGE 1 LINE 15 SEE ATTAch exhibit A AND LABEL IT eXHIBIT A. VOTE 6/0

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO AMEND PAGE 1 LINE 15 SEE ATTAch exhibit a. VOTE 6/0

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE 09-07A AS AMENDED BY A ROLL CALL VOTE. VOTE 6/0

 

Councilor Lemois stated that he would be voting in support of the amended budget with the changes recommended by the Finance Sub-Committee.  He recognized the Mayor because now he has to deal with a $161,298 reduction of the surplus, as the sewer fund will have to pass this $161,298 through that fund and as a result making his job more difficult.  He also stated that he would be supporting this move of the $161,298 only on the reenergized commitment of Finance Chair Kirkpatrick in his commitment to reconvene hearings on the age old assessment problem and more importantly his leadership role in making this solution a goal for the council.  He stressed that they must solve this problem because they just cannot pass it on any more.  He acknowledged the Municipal Departments that have done a great deal to help balance this budget.  He pointed out that by Municipal Departments, he means the employees of the Town, the Police Department and Rescue which have stepped up.  He believed that they can’t keep deconstructing that side of the budget any longer.  He added that this is only the finalizing of the 2009 budget and they have to now go into the larger project of finalizing the 2010 budget.  He emphasized that over and over this council along with other councils, this administration and past administrations, and above all the taxpayers of Cumberland have always, when able, stepped up and supported the school system.  He noted that they may not have the largest per pupil expense, but that may not always be the best.  He mentioned that they have been able, either with the bond issues for improvements, creative financing for the middle schools, last year’s 750K dollars the finance committee came up with, to even tonight reducing the cut by 100K.  He stressed that no one can say they don’t support our children because providing a fiscally sound budget is also supportive of our children.  He asked that the school committee, while we approach this next phase, come to the budget hearings with ideas and not the mere “we will not be able to buy paper” or programs will have to end or the proficiency ratings will drop from the 60% some are at now.  He stated that he didn’t understand the stance to not have future discussions of proficiency if they make a cut.  He challenged the intelligence of the School Committee to bring the ideas he knows they are capable of bringing.  He also asked for more transparency in communications then he requested a meeting with the council president, business manager, finance director and whom ever else they feel needs to be there to solve this issue once and for all.  He closed by stating that they have the opportunity to complete the 2010 budget and move on in a management style that will allow the town and school department to have continued success.

 

Council President Higgins does not blame anyone except for the State of Providence for not having the funds and he supports the budget as amended.

 

 

B.  RESOLUTION:

 

1.  #09-12 – A resolution authorizing a Tax Assessment Levy for Fiscal Year 2008-2009

 

Finance Director Town Bruce explains that the budget amendment that was just passed in terms of revenue amount from taxes is consistent with this purposed resolution for tax levy with a specification of tax rate for each category. The proposed tax levy as per the worksheet required by ordinance reflects a 3.5% rate increase, a 12.81 rate is based upon a 44.70% collection rate, the residential rate 12.81 is a 43 cent increase, tangibles personal property rate is 25.63 and the motor vehicle rate as constant at 19.87. The motor vehicle category for total assessments, out of the three categories, is the one that really changed this year. For various reasons all the towns and cities incurred a significant drop in values a 20% in Cumberland, Lincoln has similar value, but it is really statewide between 15% and 25%. Real estate assessment at $3,667,467,224 is a not a decrease from last year, but it represents about a third of a percent increase being that the growth was stagnant as it was in the northeast region. Cumberland sustained very little growth in terms of calendar year 2008 in terms of new construction. After accounting for tangibles and motor vehicle levies, tangible $2.7 million and motor vehicle $2.5 million the net levy for real estate is a little less than $47 million. This year there will be a 3% increase.

 

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

 

Mr. Bruce asks if their copy of the resolution reflect a 3% discount value.

 

Councilor President Higgins responds that it does not.

 

Mr. Bruce recommends that it be amended.

 

Councilor Kirkpatrick makes a motion to amend to page 2, line 6 to reflecting change from a discount of 2% to a discount of 3% of total of said taxes shall be granted.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO AMEND R-09-12 PAGE 2 LINE 6 BY DELETING 2% AND ADDING 3% VOTE 6/0

 

MOTION BY COUNCILOR ALBURQUERE, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO AMEND RESOLUTION 09-12 AS AMENDED. VOTE 6/0. 

 

Public Discussion:

 

Mr. Bruce asks that recognition be made to the Tax Assessor who has only been with us for a few months. She had the tax roll ready faster than any assessor he has ever seen in any community and this is why a lot of this work is done and done accurately even with the changes that the State is making and she had it all under control.

 

ADJOURNMENT:

MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR Lemois AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:05 P.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

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