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 21, 2009

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

The meeting was called to order at 7:30p.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, Morris, and Kirkpatrick

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

MEMBERS ABSENT:

CONSENT AGENDA

A. Acceptance of Minutes of the Regular Town Council Meeting of January 7, 2009 and of the Special Town Council Meeting of January 12, 2009

B. DEPARTMENT REPORTS:

Police Department

Building Official

Animal Control

Parks and Recreation Department

Tax Assessor

Rescue Department (Monthly & Annual Report)

Town Clerk’s Office Annual Report

Municipal Court Annual Report

Council President Higgins noticed that the minutes listed Councilor Mutter’s name and requested that the minutes be amended to remove his name.

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

FINANCE REPORT:

1. General Fund Report as of 12/31/08 for the current FY 2008-2009 period

Thomas Bruce, the Finance Director, explained that the focal point as they typically review each month is the prior year tax levy performance versus prior years and the 2008 percentage of budgeted collections still lags 58.35 percent or $15.8 million collected as of December 31^st. He pointed out that compared significantly less than last year when they were at a rate of 61.69. He mentioned that as discussed before the Finance Sub-Committee while reviewing the audit, in the fiscal 2007-2008, $1.2 million dollars were collected in excess of budgeted tax collections due to the 2008 levy which was collected at such a great strength at 46.2 percent. He stated that in the current year they are looking to get the bills out by May 1^st and that performance has to really repeat last year to off set this downward trend because it looks like that each percentage point is worth about $250,000 and they are about 2.5 percentage points behind. He deducted that 2008 is weak and 2009 May through June collections has to be a $23 to $24 million dollars at a greater than anticipated collections to offset this. Mr. Bruce stated that he feels that it will happen because it seems to every year but he doesn’t believe that their collection rate of 46.2 percent is going to increase they are just going to budget at a lower percentage per the ordinance that they are constrained by. He added that in general the revenues and expenditures don’t offer any real concern. He further added that the Town Clerk related revenue are posted through the month of November and the real estate related revenue in totals are about $50,000 less than budget as he projected out to June 30^th but because they budgeted numbers that were low they are in good shape to come really close to those budget goals so he is not that concerned there. He mentioned that however Blue Cross this year they are behind budget a little where as last year they were running a very favorable cushion. He informed that the cash flow statement for the general fund offers actual figures through December which affectively shows that the Town General Fund will have ample cash reserve for the remainder of the fiscal year as of the July 1^st date for their next issuing of their TANS approaches This wasn’t the case last year when they were scrambling with a cash shortage and utilizing cash from other funds but by June 30^th they were all paid back but never the less they aren’t having that kind of strain this year as they were last year because they don’t want to have to do any sudden borrowing. He noted that in terms of the audit discussion before the Finance Sub-Committee their focal items was the sewer special revenue fund and for presentation on this evening’s agenda are 6 ordinance relating to sewer which the common goal of all of them is to fairly and appropriately charge fees that will bolster the revenue generating capability of this fund that is in critical distress. He concluded that their audit report which they distributed has received back some positive notes such as the one they received from First Southwest who remarked, “what a difference a year makes” where they ended up with a much higher cumulative surplus, ended up with an operating surplus and some of the legislative moves and other management actions under the direction on Mayor McKee really brought a quick resolve to the general fund.

Council President Higgins asked if this report and Mr. Bruce’s reference to revenues take into account the reduction in State aid.

Mr. Bruce replied that in terms of the budgeted amounts they have made no adjustments yet.

OLD BUSINESS:

A. LICENSE:

PEDDLERS LICENSE

1. An application for a Peddler License from Serafim D. Cordeiro for Cordeiro Fish (last tabled from January 7, 2009)

Councilor Albuquerque asked the Town Clerk if Mr. Cordeiro was able to produce a written authorization the property owner where he was looking to set up his business.

Town Clerk replied that she spoke with Mr. Cordeiro who indicated that the property was away on vacation and won’t be able to request the written authorization until he returns so he has requested that his application be withdrawn at this time and he will re-apply when he receives the required authorization.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR ACKERMAN AND KIRKPATRICK TO WITHDRAW

Councilor Morris believed that the motion needed to amended because the applicant needs to withdraw and instead the motion should be to deny without prejudice in order to allow him to re-apply.

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE TO AMEND THE MOTION TO DENY WITHOUT PREJUDICE. VOTE 7/0.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDE BY COUNCILOR ACKERMAN AND KIRKPATRICK TO DENY WITHOUT PREJUDICE AS AMENDED. VOTE 7/0.

EXTENDED HOURS LICENSE FOR PUBLIC HEARING:

1. An application for an Extended Hours License from Roger L. Lapierre of Renaissance LLC d/b/a Li’l General #10 located on 14-16 Bound Hill Road (request is to extend the hours of operation from 6am opening to 5am opening)

Public Hearing opened at 7:43pm

Dan Lefeau was present and stated that Mr. Lapierre could not be present this evening but he could answer any questions because he will be running the operation.

Councilor Morris asked if they had a drive thru and what the light situation is going to be at that hour.

Mr. Lefeau replied that there was no drive thru and in terms of the lighting there are three lights that are facing the street not towards the residential side.

Public Hearing closed at 7:45pm

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

B. ORDINANCES FOR PUBLIC HEARING:

1. #08-04 – An ordinance for a change to the Town of Cumberland Zoning Map Assessor’s Plat 35, Lots 3& 4 (lasted tabled from July 16, 2008)

Council President Higgins explained that he has a letter from Attorney Michael Kelly’s office requesting that this ordinance and the one that follows be withdrawn without prejudice. He also mentioned that the letter is part of the record.

Councilor Morris stated that she spoke to one of the attorneys in Michael Kelly’s office who mentioned that they are still working on something so she wanted the public to be aware but as a Council hey felt they were tabling this too much. She added that they want the neighbors to get adequate notice again if they wanted to pursue any kind of zone change.

Council President Higgins also mentioned that he spoke to Attorney Baranski who indicated that the economic conditions are slowing things down in terms of development. He concluded that the ordinance is withdrawn without prejudice at the request of the applicant in writing.

2. #08-09 – An ordinance in amendment to the Town of Cumberland Comprehensive Community Plan Ordinance (lasted tabled from July 16, 2008)

Council President Higgins again explained that they have the same letter from applicant requesting withdrawing without prejudice. He stated for the record that the ordinance is withdrawn without prejudice.

3. #08-37 – An Ordinance Related to Businesses (Presented by Councilor Ackerman)

Councilor Ackerman explained that after discussing this issue at length with the Town Solicitor they determined that there may be more affective ways to address this issue which they will be pursuing those other ways in the coming weeks including some possible State enabling legislation so she requested to withdraw the ordinance.

Council President Higgins asked if there is any objection to Councilor Ackerman’s request to withdraw her ordinance, hearing no objection the ordinance is withdrawn.

4. #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.

Councilor Morris explained that they received an email from the Town Solicitor who indicated that this matter did not require a zone change.

Council President Higgins asked the Mayor on behalf of the Administration would like to withdraw this resolution.

Mayor McKee replied that yes they would like to withdraw the ordinance.

NEW BUSINESS:

A. CLAIMS:

1. Attorney Domenic J. Carcieri representing Louise Correia

Referred to the Finance Sub-Committee for further review

B. APPOINTMENTS:

1. BOARD OF ASSESSMENT REVIEW:

Nomination and Appointment to the Board of Assessment Review due to the

resignation of Donald E. Palagi of 16 Ingraham Street-Term ending January 31, 2015

David Brown of 707 High Street

Christopher J. O’Leary of 148 Shirley Drive

James S. Savage of 48 Newell Drive

Councilor Kirkpatrick nominated David Brown, 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 David Brown for the Board of Assessment of Review, all in favor, vote 7/0.

2. 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 stated that this is one of those Boards that is suppose to be staggered terms and she had spoken to the Commission members which some were willing to shorten their terms in order to try get the terms staggered again. She added that some of the members have volunteered to help with the staggering by requesting their re-appointments for a shorter term and that isn’t because they want to serve a shorter term so that they aren’t looking to fill 7 positions at the same time.

Council President Higgins asked the Town Clerk if this Board was the same Board that they had previous discovered an issue with.

Town Clerk replied that it was not this Board but instead the Historic District Commission.

Council President Higgins stated that he isn’t sure if they have the authority to do that.

Councilor Morris referred to the Charter which does not state that the terms are staggered.

Councilor Albuquerque asked if they could table it for two weeks to allow for time for them to figure it out.

Councilor Morris doesn’t believe that with this Board it would make a difference.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 4, 2009. VOTE 7/0.

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

Nomination and Appointment of five members to the Conservation Commission due to

members’ terms expiring – NEW Term to end January 31, 2012

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

3. HISTORIC DISTRICT COMMISSION:

Nomination and Appointment of seven members to the Historic District Commission due

to members’ terms expiring – NEW Term to end January 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

Councilor Dwyer asked if they could table this matter until the next meeting because there seems to be some confusion as to the length of terms.

MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIOUSLY VOTED TO FEBRUARY 4, 2009. VOTE 7/0.

4. LIBRARY BOARD OF TRUSTEES:

Nomination and Appointment of two members to the Library Board of Trustees due to

members’ terms expiring – NEW Term to end DECEMBER 31, 2011

Joseph Babiec of 336 Bryant Street

Marianne Mulholland of 380 Nate Whipple Hwy

Robert Spadano, CFA of 35 Millers Brook Drive

Gerry Paulhus of 4 Wyoming Drive

Constance L. Witham of 26 Hillside Road

Kerri Lanni Deacon, P.A.C. of 6 High Ridge Drive

Councilor Lemois nominated Marianne Mulhollan, seconded by Councilor Albuquerque and Ackerman.

Council President Higgins asked if there were any other nominations.

Councilor Kirkpatrick nominated Joseph Babiec, seconded by Councilor Dwyer.

Council President Higgins asked if there were any other nominations, hearing none he closed the nominations. He asked that if they were all in favor of the appointment of Marianne Mulholland and Joseph Babiec to the Library Board of Trustees say aye, hearing no nays, motion passes with a 7/0 vote.

5. PARKS AND RECREATION COMMISSION:

Nomination and Appointment to the Parks and Recreation Commission due to the resignation of Stanley Lachut, Jr. - Term ending DECEMBER 31, 2009

Dana G. Mauch Jr. of 23 Wollen Drive

Nomination and Appointment of six members to the Parks and Recreation Commission due to members’ terms expiring – NEW Term to end DECEMBER 31, 2009

Thomas M. Kenwood of 8 Shelter Lane

Lisa M. Anderson of 166 Fisk Ave

Dino A. Giorgio of 32 Chestnut Street

Michael Vergano of 12 Crestwood Court

Charles Sears of 10 Royal Court

Councilor Lemois nominated Dana G. Mauch Jr., Thomas M. Kenwood, Lisa M. Anderson, Dino A. Giorgio, Michael Vergano and Charles Sears, seconded by Councilor Albuquerque.

Council President Higgins asked if there were any other nominations, hearing none he closed the nominations and asked if they were all in favor of the appointments say aye, hearing no nays, motion passes with a 7/0 vote.

6. PLANNING BOARD:

Nomination and Appointment to the Planning Board due to member’s term expiring

NEW Term to end January 31, 2012

Anthony Pandozzi of 44 Lockwood Road

Robert Spadano, CFA of 35 Millers Brook Drive

Nicholas Goodier of 10 Columbia Drive

Councilor Albuquerque nominated Anthony Pandozzi, seconded by Councilor Kirkpatrick.

Council President Higgins asked if there were any other nominations, hearing none he closed the nominations and asked if they were all in favor of the appointment of Anthony Pandozzi to the Planning Board say aye, hearing no nays, motion passes with a 7/0 vote.

7. PLANNING BOARD - MAYORAL RE-APPOINTMENT:

NEW TERM TO END JANUARY 31, 2012

Isabel Reis, District 1

David F. Coutu, District 2

Kevin Crawley, District 3

C. RESOLUTIONS:

1. R-09-01 – A Resolution Authorizing Mayor Daniel J. McKee and the President of the Town Council to Execute a Collective Bargaining Agreement with Cumberland Lodge No. 14 – Fraternal Order of Police

Mayor McKee stated that they are ready to move forward on this and if there are any questions that pertain to the Solicitor then we would need to table the discussion because the Solicitor is not here this evening. He mentioned that they met in executive session a few weeks back and none of the details that were presented to them have changed and in essence the agreement would begin retro actively to July 1, 2008 that would extend for a two year period not the customary three year period. He added that given the currently economic circumstances he thinks that it is a prudent approach to both the Administration as well as the Union in terms of where they are going and what is happening in the State. He pointed out that the agreement is a very cost neutral based on the way that it was negotiated where it calls for a 2.5 percent increase in the base pay for each year but it also reduces the number of mandatory manpower from 51 to 48. He explained that the reduction of the three officers in their budget will off sets the increase and create a cash savings to the Town so for that they appreciate the fact especially at this time that the Police Department has agreed to that. He stated that the other issue is that all new entry police officers will be paying flat 10 percent of their co-pay on their health insurance. He expressed the fact that their police department does operate efficiently in comparison to neighboring communities who have similar populations and demographics which is an important point that they all need to get around especially in the back drop of the way that the State is currently treating communities as if they all are operated and managed the same way.

Officer Fay, the Union President, stated that this was his fourth contract negotiation and this one was a very difficult negotiation but they understand and accept it is the consequences of the economic times. He also stated that he doesn’t want to reduce the manpower but he knows that in these times they all have to tighten their belts. He mentioned that he appreciated that the Mayor got involved with the negotiations because he believed helped get a tentative agreement.

Council President Higgins recognized the Unions concessions in negotiating a neutral cost contract because having done a negotiation with the Union in the past he would say as difficult and challenging as they are they are always done professionally without malice and he sure this was the case in though Mr. Hefner was involved because he is a tougher bargainer and that isn’t meant as a slight to him either.

Councilor Lemois echoed the Mayor’s comments about the efficiency of this Police Department. He stated that as he listened around the State it did open his eye when her heard about other Towns in some cases double our size and it really goes to merit not only to the Administration and the Police Department but certainly to the patrolmen, sergeants, detective and so on. He concluded that it is nice feeling to look at that Police Department and know that it is so well run and staffed.

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

2. R-09-02 – A Resolution Authorizing Mayor Daniel J. McKee to enter into an agreement with the Rhode Island Clean Water Finance agency to borrow up to $345,000.00 for Water Replacement in Nate Whipple Highway and to apply for any available State or Federal grants for the project.

Councilor Morris recused.

Mr. Bruce explained that this resolution as well as the next two resolutions, essentially replace resolutions that were drafted internally two months ago regarding the three separate projects that they are going to complete in the next few month related to water. He further explained that this particular resolution relates to the water main replacement on Nate Whipple Highway which is complete so there is special language in the fifth whereas in the resolution authorizing a loan to be provided to the Town then funded through the long term borrowing through the Rhode Island Clean Water Authority later in the Spring that will involve a group of Towns. He pointed out that they have submitted financial base rate studies that are required by Rhode Island Clean Water and those budgets themselves are inclusive of the debt service related to this 1.7 million total. He mentioned that he is now referring to all three resolutions. He stated that it is going to be required that they submit annual budget that adequately fund that debt that is a very firm commitment they will not have flexibility as they may have had in the past.

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR KIRKPATRICK AND DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE.

VOTE 6/0.

3. R-09-03 – A Resolution Authorizing Mayor Daniel J. McKee to enter into an agreement with Rhode Island Clean Water Connection with the City of Woonsocket, to enter into agreements with the Woonsocket with respect to the Emergency Water Connection, and to apply for any available State of Federal grants for the project.

Councilor Morris recused

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

4. R-09-04 – A Resolution Authorizing Mayor Daniel J. McKee to enter into an agreement with Rhode Island Clean Water Finance agency to borrow up to $920,000.00 for Water Main Cleaning and Relining in Diamond Hill Road, Mason Drive and Hillside Road and to apply for any available State or Federal grants for the project.

Councilor Morris recused

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.

Mayor McKee stated that this is another effort on the part of their Superintendent of Water, Alan Brodd, in term of his diligence on this issue. He also stated that earlier we heard Mr. Bruce mention that the sewer issue being a problem for us in terms of the budget and the fiscal shape of the Town well a 18 months ago Water was recognized that way and they are plugging along which has been noticed in the audit report they have seen some level of recovery. He pointed out that this particular work would address the water quality and the finances and they will work as hard as they can to see if they can qualify for some infrastructure funding.

D. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

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