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, FEBRUARY 4, 2009

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

The meeting was called to order at 7:52 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, Morris, and Kirkpatrick

Also present Mayor Daniel J. McKee and Sandra M. Giovanelli, Town Clerk

MEMBERS ABSENT:

GENERAL ANNOUNCEMENTS:

UNANIMOUS CONSENT ITEMS

CONSENT AGENDA

A. Acceptance of Minutes of the Regular Town Council Meeting of January 21, 2009 and a Special Town Council Joint Meeting with the School Committee of January 12, 2009.

B. COMMUNICATIONS:

1. C-09-01 – A letter from the City of Warwick seeking support on a resolution that they adopted on January 21, 2009, regarding the Federal Deposit Insurance Corporation (FDIC) to provide unlimited insurance for local governments’ deposits.

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

OLD BUSINESS:

A. APPOINTMENTS:

1. CONSERVATION COMMISSION:

Nomination and Appointment to the Conservation Commission due to the resignation of Lucille P. Martin - Term ending in January 31, 2012

Robert Spadano, CFA of 35 Millers Brook Drive

Greg Myers of 49 Abbott Run Valley Road

Michael M. Scalzi III of 10 Tallyho Road

Councilor Morris nominated Michael M. Scalzi, and seconded by Councilor Ackerman.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of Michael M. Scalzi for the Conservation Commission, all in favor, vote 6/0.

Councilor Lemois was absent during vote.

Nomination and Appointment to the Conservation Commission due to the resignation of Robert Pompei - Term ending in January 31, 2012

Robert Spadano, CFA of 35 Millers Brook Drive

Greg Myers of 49 Abbott Run Valley Road

Michael M. Scalzi III of 10 Tallyho Road

Councilor Morris nominated Greg Myers and seconded by Councilor Ackerman.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of Greg Myers for the Conservation Commission, all in favor, vote 6/0.

Councilor Lemois was absent during vote.

Nomination and Appointment of five members to the Conservation Commission due to members’ terms expiring – NEW Term to end January 31, 2012

Council President Higgins explained that these appointments were tabled from the last meeting because there was a question of the terms being staggered and asked Mr. Hefner to please advice them on whether or not the terms should be staggered.

Mr. Hefner replied that the general laws relating to Conservation Commissions, 44-35-2 empowers the cities and towns to create these types of Boards and Commissions. He stated that the law that he sited reads that seven members shall be appointed in that the terms initially should be staggered and assuming that happened somewhere down the line, it got out of synch. He concluded that based upon the fact that it only applies to the initial appointments so there is no requirement that they have to go back to staggering but if they want to stagger them they can do so.

Council President Higgins asked if members specifically asked in their reappointment letter indicated a desire to be appointed to less than a three year term.

Mr. Hefner replied that there is nothing that would prohibit them from doing that.

Julie Guerin of 28 Metcalf Drive

George Gettinger of 5 Evan Road

Frank Geary Jr. of 87 Orchard Drive

John Monaghan of 121 Pollett Street

Briscoe Lang of 87 Vermont Avenue

Robert Spadano, CFA of 35 Millers Brook Drive

Greg Myers of 49 Abbott Run Valley Road

Michael M. Scalzi III of 10 Tallyho Road

Councilor Morris nominated Julie Guerin for a one-year term (January 31, 2010), seconded by Councilor Ackerman.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of Julie Guerin for the Conservation Commission, all in favor, vote 7/0.

Councilor Morris nominated George Gettinger for a three-year term (January 31, 2012), seconded by Councilor Dwyer and Kirkpatrick.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of George Gettinger for the Conservation Commission, all in favor, vote 7/0.

Councilor Morris nominated Frank Geary for a two-year term (January 31, 2011), seconded by Councilor Ackerman.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of Frank Geary for the Conservation Commission, all in favor, vote 7/0.

Councilor Morris nominated John Monaghan for a two-year term (January 31, 2011), seconded by Councilor Albuquerque.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of John Monaghan for the Conservation Commission, all in favor, vote 7/0.

Councilor Morris nominated Briscoe Lang for a three-year term (January 31, 2012), seconded by Councilor Ackerman.

Council President Higgins asked if there were any further nominations, hearing none he closed the nominations and on the nomination of Briscoe Lang for the Conservation Commission, all in favor, vote 7/0.

2. HISTORIC DISTRICT COMMISSION:

Nomination and Appointment of seven members to the Historic District Commission due to members’ terms expiring – NEW Term to end December 31, 2011

David Balfour of 269 Abbott Run Valley Road

Lester Hilton of 15 Tanglewood Drive

Ruth S. Bascombe of 80 W. West Wrentham Road

Kathleen McKenzie of 8 Fairhaven Road

Charles Seavor of 140 Abbott Run Valley Road

Bruce Shepard of 314 Sneech Pond Road

Michael Magee of 7 Old West Wrentham Road

Joyce A. Hindle Koutsogiane of 3 Old Hickory Drive

Janet Hook of 9 Barn Drive

Robert Spadano of 35 Millers Brook Drive

Council President Higgins explained that initially this was tabled to determine whether the terms were supposed to be staggered but subsequently they have been advised that the Charter gives the sole authority to the Council President for this Board. He stated that he is happy to open it to the rest of the Council if it is legal which he would like to take under advisement so he would like any input from the Council and he would make the appointments at the next meeting.

B. ORDINANCES FOR PUBLIC HEARING:

1. #09-01 – An Ordinance Related to Sewer Lot Development Fee (Presented by Council President Higgins on behalf of the Administration)

Councilor Kirkpatrick explained that ordinances #09-01 thru #09-06 are in the Finance Sub-Committee and would like to table the matters to the next meeting.

Council President Higgins asked if they need to make a motion to table for each ordinance.

Mr. Hefner replied that they could make one motion for all six ordinances.