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 18, 2009

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:47p.m. by Council President Higgins. Video

 

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

 

MEMBERS PRESENT:

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

 

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

 

MEMBERS ABSENT:

Councilor Ackerman and Morris

 

GENERAL ANNOUNCEMENTS:  Video

 

UNANIMOUS CONSENT ITEMS Video

 

CONSENT AGENDA Video

      A.  Acceptance of Minutes of the Regular Town Council Meeting of February 4, 2009

 

B.  DEPARTMENT REPORTS:

Police Department

Building Official

Animal Control

Parks and Recreation Department

Tax Assessor

Rescue Department

 

C.  COMMUNICATIONS: Video

 

1.  C-09-02A letter from the Town of Burrillville seeking support for a resolution that they adopted on January 28, 2009, supporting the FY2009 Supplemental Budget’s Articles 5, 7, 21, 31 32, 44, 45 and 48

 

2.  C-09-03A letter from the Town of Burrillville seeking support for a resolution that they adopted on January 28, 2009, supporting the FY2009 Supplemental Budget’s Articles 16, 17, 18, 19, 20, 22, 23, 25, 26, 27, 40, 41, 42 43, 46 and 47

 

3.  C-09-04A letter from the Town of Burrillville seeking support for a resolution that they adopted on January 28, 2009, supporting legislation requiring utilities to pay for relocation of infrastructure

 

4.  C-09-05A letter from the City of East Providence seeking support for a resolution that they adopted on January 23, 2009, supporting necessary municipal tools contained in the FY 2009 Supplement Budget Proposal Video

 

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

 

LICENSES- Video

      A.  VICTUALLING HOUSE LICENSE-PUBLIC HEARING: Video

 

1.  An application for a new Victualling House License from Ehab Khalil of Portabella’s Pizza & Seafood Inc d/b/a Portabella’s Pizza & Seafood of 2000 Mendon Road  Video

 

Public Hearing opened at 7:49p.m.

 

Public Hearing closed at 7:50p.m.

 

Ehab Khalil, the owner of the business was present.  He explained that they will be providing Italian cuisine.

 

Councilor Lemois asked if this is his first business.

 

Mr. Khalil explained that this is actually his first location in Rhode Island but he owns six establishments through Massachusetts. 

 

Councilor Lemois asked when they would be open for business.

 

Mr. Khalil replied that they plan to open next week. 

 

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

 

FINANCE REPORT:

1.  General Fund Report as of 1/31/09 for the current FY 2008-2009 period. Video

 

Thomas Bruce, the Finance Director, explained that seven months into the fiscal year, there were three particular revenues, taxes, building permits, meal tax, and recordings are performing very weakly.  He added that they are $260,000 down in terms of his projection by the end of the year below budget, building permits will be $80,000 below budgeted revenue, meal tax $110,000 and recordings $70,000.  He stated that in regards to any of the other major revenue besides taxes the town is doing fine.  He mentioned that it is limited to only these three areas mentioned our budget amendment can manage this small area because we are not hurting across the board.  He continued to say that before January 31, 2009 tax collection of the year before lagged behind the last seven years.  His report shows that tax payers who rarely never had problems in the past are having problems now and that is contributed toward the differential of at least three percentage points, behind the average on that levy is about $700,000 to $800,000.   He pointed out that he is meeting with real estate tax payers on a daily basis and encouraging them to come in to make arrangements.  Mr. Bruce mentioned that a couple of months ago he decided to have two taxes sales, one in April and another in August and the April tax list still has 400 people listed but that list has already come down significantly.  He again encourages real estate tax payers to make an appointment to arrange for payment plans in order to keep their name off the tax sales in August.  He informed that payrolls and other expenses in departments are doing fine and he does not have any concerns with department heads spending right now and the spending patterns are down significantly compared to prior years.  He stated that they are planning on having purchase orders reviewed by the Mayor‘s Office and the Finance Department in order to tighten up as we head into June 30th.  He explained that in terms of the governor’s proposed supplemental budget, they are still waiting on the General Assembly to reduce cuts. 

 

OLD BUSINESS:

      A.  ORDINANCES FOR PUBLIC HEARING: Video

 

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

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

2.  #09-02An Ordinance Amending Ordinance 05-28 Entitled “An Ordinance Amending Article III- Sewers - Ferncrest Drive & Willow Drive” (Presented by Council President Higgins on behalf of the Administration)

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

3.  #09-03An Ordinance Relating to Sewer Connection Fees (Presented by Council President Higgins on behalf of the Administration)

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

4.  #09-04An Ordinance Relating to Sewer Connections (Presented by Council President Higgins on behalf of the Administration)

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

5.  #09-05An Ordinance Relating to Ethier Way Sewer Line (Presented by Council President Higgins on behalf of the Administration)

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

6.  #09-06 – An Ordinance Relating to Imposition of a Sewer Use Maintenance and Operation Fee (Presented by Council President Higgins on behalf of the Administration)

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCES #09-01 THRU #09-06 TO MARCH 18, 2009.  VOTE 5/0.

 

7. #-09-07An ordinance authorizing a “NO PARKING” Zone on Hines Road (Presented by Council President Higgins on behalf of the Administration) Video

 

Public Hearing opened at 8:01p.m.

 

Public Hearing closed at 8:02p.m.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 5/0. 

 

8.  #09-08An ordinance related to Municipal Court Cost (Presented by Council President Higgins) Video

 

Council President Higgins explained that this is an ordinance requested by the Municipal Court Judge because the State law has been amended to allow for court costs to be up to $35 and this ordinance would amend the our ordinance increased the court costs from $25 to $35. 

 

Public Hearing opened at 8:02p.m.

 

Public Hearing closed at 8:03p.m.

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 5/0. 

 

NEW BUSINESS:

A.  CLAIMS: Video

 

         1.  Kim Simone p/p/a Megan Franks  Video

 

Referred to the Town Solicitor

 

         2.  Gary Lamora Video

 

Referred to the Finance Sub-Committee

 

B.  RESOLUTIONS: 

 

1.  R-09-05A resolution authorizing the Cumberland Police Department to enter into an interlocal contract for cooperative purchasing with The Houston-Galveston Area Council, hereinafter referred to as H-GAC, to purchase a VMS speed traffic trailer system and data recorder from Monitor Systems for $11,700 Video

 

Police Chief Desmarais explained that this trailer was reviewed and researched by their Traffic Officer, Alan Crowe and will allow their police department to conduct a better evaluation in our traffic common efforts through out the neighborhoods.  He further explained that this trailer isn’t just a radar trailer but it does traffic counts and allows them to use it in a critical incident.  He stated that if they purchase this trailer it would be at a zero cost to the town because it will be recovered under a police technology grant that they received from the United States Government.

 

Councilor Lemois stated that he is happy to hear that this doesn’t just detect how fast the cars are going.

 

Council President Higgins explained that the fiscal note indicates that this system is unique to this vendor and is based on a cooperative bid contract.  

 

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

 

C.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

 

1.  #09-09 An Ordinance related to Special Flood Hazard Areas and Flood Fringe Lands (Presented by Council President Higgins on behalf of the Administration) Video

 

Referred to the Ordinance Sub-Committee, at their discretion.

 

2.  #09-10 An Ordinance relating to Water usage Rate Increase (Presented by Council President Higgins on behalf of the Administration) Video

 

Referred to the Finance Sub-Committee

 

PUBLIC COMMENTS:

 

ADJOURNMENT: Video

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:08P.M.  VOTE 5/0. 

 

 

 

____________________________________

Sandra M. Giovanelli, Town Clerk

 

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