| 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, JANUARY 7, 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 Ackerman, Lemois, Albuquerque, Morris, Dwyer and Kirkpatrick
Also present Mayor Daniel J. McKee, Thomas E. Hefner, Town Solicitor and Sandra M. Giovanelli, Town Clerk
MEMBERS ABSENT:
GENERAL ANNOUNCEMENTS:
Council President Higgins asked for a moment of silent to honor the passing of Senator Claiborne Pell.
Council President Higgins announced that the Cumberland School Committee and the Town Council will be holding their annual joint meeting on Monday, January 12, 2009 at 7 p.m. at the Cumberland High School Library. also there will be a short Town Council meeting prior to that to address the concerns of the Zoning Board appointments which will start at 6:30 at the same location.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of December 17, 2008
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND ACKERMAN, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
1. An application for a Peddler License from Serafim D. Cordeiro of Toronto Avenue, Providence for Cordeiro Fish (tabled from December 17, 2008)
Council President Higgins asked Thomas Hefner, the Town Solicitor, if this should be withdrawn.
Mr. Hefner responded that he was here three or four times and it’s the councils call.
Councilor Albuquerque stated that if possible he would like to have the applicant contacted to inform him that this will be the last continuance before withdrawing it. He suggested that this matter be tabled for two weeks.
MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 21, 2009. VOTE 7/0
B. ORDINANCE FOR PUBLIC HEARING:
1. # 08-36A – An ordinance relating to the Benefit Package for the Executive Staff (tabled from December 17, 2008)
Councilor Kirkpatrick stated that the Finance Sub-Committee and the Mayor met last night to discuss this ordinance and everyone was in agreement to recommend passage.
Council President Higgins mentioned that there packet included an amended ordinance and asked Councilor Kirkpatrick if he intended on substitute 08-36A with 08-36A as amended. He also explained that the amendment changed line 10 from 6 % to 8%.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND DWYER, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED VOTE 7/0.
Public Hearing opened at 7:37 p.m.
Public Hearing closed at 7:38 p.m.
Councilor Lemois stated that after attending the Finance Sub-Committee last night he believed this is an excellent tool for recruiting executive staff and also for current members if they so choose. He also mentioned that this would give more flexibility while respected those who are close to being vested in the state pension plan.
Councilor Albuquerque was not in favor of 8% but will support it because there is a cap of $2500 so the 8 percent doesn’t mean much. He explained that if they had an employee whose salary was $80,000 a year at
8 percent would mean that the Town would have to contribute $6400.00 a year but with a cap of $2500 it would definitely be a savings.
Councilor Kirkpatrick clarified that the $2500 (looking at line 44 and 45) only applies to people that meet the classification under 1 or 2, which would be a full time employee and suspend receipt of his/her retirement benefits from the state for the duration of his/her full time employment with the town. He explained that there really isn’t a cap at the 8 percent of the $2500.
Councilor Albuquerque asked then in his example of an employee with an $80,000 salary the Town would have to contribute 8 percent of that a year.
Councilor Kirkpatrick agreed and added that the 8 percent is less than the 10.1 percent the Town currently pays into the State Pension, which is a mandate and could increase next.
Council President Higgins asked if in the end if would be cheaper for the Town’s contribution if they were in this plan rather than the State’s retirement plan.
Mr. Hefner replied that this plan would have a bigger savings to the Town because currently the town’s contribution to the State pension is 10.1 percent. He explained that the first subsection A, where it reads pension, refers to employees such as Mr. Jeffers and Mr. Drury who have suspended their retirement pension payments that has the cap of $2500 which in effect saves the town money. He pointed out that they should keep in mind that an employee doesn’t necessarily need to contribute 6 or 8 percent, they could contribute only 2 percent at which time the Town’s match would only be 2 percent.
Council President Higgins asked if in the case of Mr. Jeffers who suspended receipt of his retirement benefits.
Mr. Hefner clarified that he suspended his retirement benefits so he could come and work full time here. He further explained that when he was first hire came to work here under the 35 day rule however he enjoyed it so he put his retirement on hold which is when he went full time. He concluded that in his case he is allowed to get up to $2500.
Council President Higgins asked if currently Mr. Jeffers is contributing additionally to his State retirement.
Mr. Hefner replied that no because once you are out of the State retirement system you don’t contribute any further you are locked into what you retire at.
Council President Higgins asked if Mr. Jeffers and Mr. Drury chose to participate in this plan it would be an additional cost.
Mr. Hefner replied that Mr. Jeffers and Mr. Drury are not eligible to contribute to this plan because the law states that if you are a participant or receiving another municipalities’ pension fund you are not allowed to take anything. He said that in the case of Mr. Jeffers and Mr. Drury, the Town is paying up to $2500 but if they were in fact working full time they would be contributing 10.1 percent of their salaries so it is a big savings to the Town.
Councilor Morris explained that she thought a lot about this because 8 percent seems like a large number but they way she looked at it is that any person under this provisions are helping the town by not requiring the town to put in 10.1 percent of their salary that will never came back to anyone. She added that the eight percent in practical terms only implies to people who currently make less than $50,000 per year so it will not be a huge payment to the town and ordinances can always be amended. She pointed out that Cumberland has a hard time getting executive personnel’s and department heads because the town does not pay very well when comparing to other towns and this would help by not requiring the town to put in 10.1 percent.
Council President Higgins stated that it was his understanding that there was some discussion in lowering the rate but the Mayor’s argument is the lowered it too much nobody would participate.
Councilor Kirkpatrick stated that was correct. He explained that the Finance Subcommittee met twice on this issue and at first there thought was to lower the rate but after talking to the Mayor they realized that by not doing so it would give the town more control as opposed to paying a set percent to the state for someone has to be vested for 10 years before taking money from the state. He stated that if someone is paying into the state but is not here for ten years that money is gone to the state, they get to collect what they put in but the contribution stay in the general pool of money. He concluded that he believes that this ordinance has multi level benefits to the town.
Mr. Hefner stated for the record that the 457B that would be setup by the town in his belief constitutes another pension system or fund for this municipality in addition to the RI State retirement system. He believes this because there are different refers in the General Laws to various items and his reading of the statue this constitutes as alternate system for this town time going forward. He does not see why anyone would have questionable objections because of the clamoring of all the politicians about defined benefit plan versus defined contribution plan. He concluded that he knows they do this in other communities and he believes it is good alternative and saves the town money.
MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
NEW BUSINESS
A. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #08-37 – An ordinance related to businesses (Presented by the Councilor Ackerman)
President Council Higgins referred this to the Ordinance Subcommittee at their discretion.
2. #08-38 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, AS Amending the ordinance & map thereof with reference to Cumberland Assessor’s Plat 52 Lots 68, 69, 70 (from Commercial-1 to Commercial-2) in the Town of Cumberland ordains.
Mr. Hefner stated that the property is located in the North Cumberland area, District 5, north of the old Benny’s Plaza. He believed it was an auto repair shop. He is not sure if the property use requires a zone change and may need to be withdrawn.
President Council Higgins asked what the proposed actual use is.
Mr. Hefner spoke with John Aubin the Planning Director and he was led to believe that it was required to go to C-2 because of use of upstairs. He believed that someone is under the false assumption that because it not being used as residential that they have to go to C-2. He stated that in his opinion the proposed use would not require anything; it seems to be general business support offices (nursing) and he is going to look into it.
President Council Higgins referred this matter to the Ordinance Subcommittee.
PUBLIC COMMENTS:
None
EXECUTIVE SESSION:
A. VOTE TO GO INTO EXECUTIVE SESSION TO DISCUSS ITEMS OF BUSINESS CITED IN R.I.G.L SECTION 42-46-5(a) (1)-(9):
R.I.G.L. 42-46-5 (a) (2) - Request from the Town Solicitor, Thomas Hefner
1. Matters related to Collective Bargaining
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED BY ROLL CALL VOTE TO GO INTO EXECUTIVE SESSION AT 7:53 PM. VOTE 7/0.
MOTION BY COUNCILOR LEMOIS AND DWYER, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO SEAL THE MINUTES. VOTE 7/0.
MOTION BY COUNCILOR LEMOIS AND KIRKPATRICK, SECONDED BY COUNCILOR ACKERMAN AND IT IS UANIMOUSLY VOTED BY A ROLL CALL VOTE TO RECONVENE FROM THE EXECUTIVE SESSION AT 8:53 P.M. VOTE 7/0.
ADJOURNMENT:
MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR KIRKPATRICK AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:54P.M. VOTE 7/0.
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Sandra M. Giovanelli, Town Clerk