MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MARCH 4, 2009

EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

REGULAR SESSION

 

The meeting was called to order at 7:40 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 Thomas E. Hefner, Town Solicitor and Sandra M. Giovanelli, Town Clerk 

 

MEMBERS ABSENT:   

 

GENERAL ANNOUNCEMENTS:

Council President Higgins announced that pursuant to the Home Rule Charter he is appointing seven members to the Historic District Commission due to their terms expiring or not seeking re-appointments to terms ending December 31, 2011.  He listed the members; David Balfour, Lester Hilton, Ruth Bascombe, Kathleen McKenzie, Charles Seavor, Bruce Shepard and Joyce A. Hindle Koutsogiane.  

 

Thomas Hefner, the Town Solicitor, explained that he received a call from the Mayor explaining that he is tied up at the State House on Town and State business and he might not get here on time. 

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Town Council Meeting of February 18, 2009

 

B.  COMMUNICATIONS:

 

1.  C-09-06 - A letter from the Town of East Greenwich seeking support for a resolution that they adopted on February 23, 2009 supporting certain articles of House Bill 5019 Budget Articles

 

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

 

LICENSE:

A.  2009-2010 RENEWALS-

ENTERTAINMENT LICENSE:           

Blackstone River Theatre – 549 Broad Street

Cantina DiMarco Restaurant & Grill – 405 Mendon Road

Filibuster Club - 23 High Street

Good Times Pub Restaurant Inc 1666 Diamond Hill Road

I.B.P. Enterprises, Inc. d/b/a Andrew’s Bistro - 3755 Mendon Road

Mickey’s Valley View Pub, Inc – 46 Carpenter Street

O R Ventures d/b/a Valley Café – 389 Broad Street

Pitcher’s Pub, Inc. - 80 Manville Hill Road

Seagrave & Associates, LLC d/b/a Broad Street Tap - 433 Broad Street

Sizzler’s Bar & Grill, LLC - 48 West Wrentham Road

Slam. Inc d/b/a Third Base – 422 High Street

Valley Park Pub Ltd – 17 Mill Street

Wong Palace Restaurant, Inc. d/b/a Royal Panda Restaurant - 356 Mendon Road

 

Councilor Albuquerque recused himself

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 6/0.

 

FIREARMS:

J.A. Sales - 400 West Wrentham Road  

Quack Decoy Corp. - 4 Ann & Hope Way

Sanford, Steven – 20 Eagle Drive

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

HAWKER LICENSE:                             

Adams Annex

Blaise’s Holiday Shop

Cumberland Fire Fighters

Pivo’s Landscaping

Vadenais, Stephen 

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

HOLIDAY LICENSE:

A. Teixeira & Company, Inc. d/b/a Pop’s Liquor - 2080 Diamond Hill Road 

A.J. Seabra Supermarket IX Inc – 2000 Mendon Road

Ann & Hope, Inc.-1 Ann & Hope Way

Apollo Auto Sales, Inc. - 625 Broad Street

Best Services – 232 Broad Street

Blackstone Valley Outfitters – 2 Mendon Road

Blockbuster Video #95408 - 1700 Mendon Road

Chapel Pharmacy - 2081 Diamond Hill Road

Cheng’s Mini Mart II LLC d/b/a Diamond Hill Sunoco - 2093 Diamond Hill Road

Cumberland Convenience Store – 427 High Street 

Cumberland Farms – 3400 Mendon Road

Cumberland Hill Liquors – 3450 Mendon Road

Cumberland Petro Center – 2095 Diamond Hill Road

Crugnale’s Bakery, Bread Unlimited LLC – 1764 Mendon Road

Cycle Essence, LLC – 500 Mendon Road, Suite 1A 

CVS Pharmacy, Inc., Cumberland Church Pharmacy #728 – 315 Broad Street

CVS Pharmacy, Inc., Cumberland Retailers Pharmacy #37 – 1998 Mendon Road

CVS Pharmacy, Inc., Cumberland Bear Hill #2506 – 2125 Diamond Hill Road

Dave’s Marketplace – 2077 Diamond Hill Road

Depault & Sons Hardware Inc. – 2000 Mendon Road, Suite 9

Diamond Hill Convenience Inc – 2275 Diamond Hill Road

Diamond Hill General - 3782 Diamond Hill Road

Dollar Tree, Inc. d/b/a Dollar Tree #3700 – 8 Mendon Road

Drake Petroleum Company, Inc. d/b/a Diamond Xtra Mart - 1178 High Street

Food Mart – 302 Broad Street

Gulf Express – 3 Pine Swamp Road 

High Street Market, Inc. - 732 High Street

Ice Cream Machine – 4288 Diamond Hill Road

JA Appliance-188 Broad Street 

JEMP Enterprises, Inc. d/b/a Mendon Road Valero Gas - 3585 Mendon Road 

Jorge’s Auto, Inc. - 274 Broad Street

Kahn & Sons, Inc. d/b/a The Cumberland Spot - 1152 Mendon Road

KD Donuts Inc d/b/a Dunkin Donuts – 4120 Mendon Road

Mendon Road Leasing Corp d/b/a Public America – 1754 Mendon Road

Mendon Wine & More- 2170 Mendon Road 

NB Gas Inc -1410 Diamond Hill Road

Next Level Fitness Cumberland LLC – 3751 Mendon Road

Nouria Energy Retail, Inc. d/b/a Cumberland Shell - 4120 Mendon Road

One Fifty Three Assoc d/b/a Roger’s Hardware - 159 Broad Street

Edlar Inc. d/b/a Paul’s Liquor Mart-125 Mendon Road

Renaissance, LLC d/b/a Li’L General #10 - 571 Cumberland Hill Road 

Sir Charles Hallmark – 2000 Mendon Road

Super Stop & Shop – 70 Mendon Road

The Ultimate Bronze & Body Salon – 2000 Mendon Road, Suite 4

Tiger Mart – 3392 Mendon Road

Tony’s Cumberland Market, Inc. - 290 Broad Street 

U-Haul Company of Rhode Island d/b/a Cumber Moving & Storage - 136 Mendon Road

Universal Investments Inc d/b/a Del’s Lemonade – 184 Mendon Road

Valley Falls Grain & Hardware, Inc. d/b/a The Fair - 39 Jones Street

Valley Floor Covering – 144 Broad Street

Valley Motors, Inc. - 198 Broad Street

With Heart & Soul LLC - 3751 Mendon Road 

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

JUNK CARS:

Route 16 Used Auto Parts, Inc. – 290 Curran Road  

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 6/0.

 

KENNEL LICENSE:                                                                                                      

Boday, Michael & Barbara                                     

Frampton, Elizabeth

Goodman, Tammy

Howe, Richard

Kelly, Carolyn L.                                          

Moran, Lynn

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

PAWN BROKER’S LICENSE:

Mr. Pawn, Inc d/b/a The Gold Advance – 2376 Mendon Road

 

Councilor Morris recused herself

 

Mr. Hefner explained that if they recall when this license was approved the Council requested that Mr. Baldelli be present at the time of the license renewal.

 

Councilor Lemois asked the Solicitor if all the requirements that were requested of the license holder been fulfilled.

 

Mr. Hefner replied that he has talked to Chief Desmarais and to his knowledge there haven’t been any issues there and no one in that area has complained.  He also stated that it seemed that he is in compliance. 

 

Councilor Lemois explained that he didn’t want to have Mr. Baldelli come all the way here with them not seeming to know what was happening.  He stated that at the beginning he voted against this business he does recognize it as a very organized and very calm business. 

 

Councilor Ackerman explained that she had gotten back positive feed back from the people in her

District as to how well run the business is and for that she thanks Mr. Baldelli.

 

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR ALBUQUERQUE AND LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 6/0.

 

PEDDLER’S LICENSE:                        

D C Enterprises d/b/a DC Grapes                                      

Don’s Frozen Lemonade

K & S Novelty                     

Palagi 2000, Inc. d/b/a Palagi’s Ice Cream

Universal Investments Inc d/b/a Del’s Lemonade

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

PRIVATE DETECTIVE:                                    

Clearly, Richard                                                       

Howe, Richard W.                                                  

Lowe, Brandon d/b/a Interstate Investigations                                             

Maguire, Barry J. d/b/a NE Risk     

Williamson, Henry Joseph

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

USED AUTO PARTS:

Bill’s Auto Parts-70 Macondray Street

Centennial Leasing-187 Dexter Street

Valley Motor Sales-198 Broad Street

 

MOTION BY COUNCILOR KIRKPATRICK, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PAYMENT OF LOCAL TAXES.  VOTE 7/0.

 

B.  HOLIDAY LICENSE:

 

1.  An application for a Holiday License from Maxi Drug South, LP d/b/a Rite Aid located at 2136 Mendon Road

 

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

 

 2.  An application for a Holiday License from JDJS, LLC d/b/a Cumberland Wine and Spirits located at 275 Broad Street   

 

Council President Higgins recused himself

 

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

 

OLD BUSINESS:

 

A.  ORDINANCES FOR PUBLIC HEARING:

 

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)

 

Public Hearing opened at 7:49pm

 

Eugene Jeffers, the Public Works Director, explained that the purpose of the ordinance is to ensure public safety, minimize hazards to persons and property from flooding, to protect watercourse from encroachment and to maintain the capability of floodplains to retain and carry off floodwaters.  He added that part of the purpose is to maintain eligibility to purchase flood insurance through compliance and participation in FEMA’s National Flood Insurance Program.  He stated that the flood insurance study revises and updates previous flood insurance rate maps so they have had an ordinance and plan in affect for many years but this particular action updates what they to date.  He pointed out that the old flood rate maps were very difficult to interpret and many cases didn’t have street names on them but the new flood rate maps are actually aerial photographs that demonstrate the streets and all the structures that are contained in there making it much easier to interpret for enforcement action for the Building Official.  He explained that the old flood plain maps were based on 1929 geodetic survey data as far as vertical elevations were concerned and they were recognized as an “A” area where now they have an “AE” area where the flood plain elevations have been verified as being correct.  He added that what it does is updates and revises the old flood plain maps and the information will be used by local and regional planners to further promote sound land use and flood plain development. 

 

Councilor Ackerman commented that as someone who has used those maps for many years she is very pleased to see that they have been updated because the old maps were very difficult to interpret and very ambiguous.

 

Public Hearing closed at 7:53pm

 

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

 

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

 

Councilor Kirkpatrick explained that the Finance Sub-Committee met in regards to this matter and determined that this ordinance would allow the Water Department to impose a user charge specifically pertaining to the recovery of debt commencing with the billing period beginning this month, a $20 per billing period fee would be instituted if approved.  He stated that the Finance Director has estimated revenue generated from this fee for fiscal year 2008-2009 $360,000 re-payment would be the first of six equal annual installments with all funds collected related to this fee would be escrowed in a separate bank account for the reserve purpose of reducing the debt in the Water Fund.  He concluded that the Finance Sub-Committee voted unanimously to recommend passage of this ordinance.

 

Alan Brodd, the Water Superintendent, added that as they are aware the Water Department over the years has run deficits in 3 of the last 5 years and it is their intent not to do that going forward in the future.  He stated that when the budget for this fiscal year was approved, the prior Finance Sub-Committee, this debt reduction surcharge was listed as one of the sources of revenue.  He mentioned that at the time the budget was approved, last June, they indicated they would be back this fiscal year to get this ordinance passed and they intend to get this out with the next billing scheduled for later this month. 

 

Council President Higgins asked if now there are more surcharges on the bill than water usage.

 

Mr. Brodd replied that yes and explained that there a several surcharges on the bill now.  He added that the State requires them to collect 3 of 4 different surcharges one of which is used for infrastructure repair and several that go to State funds and they are merely adding one more to that list that would $20 per household per billing cycle.  He pointed out that they currently bill households twice annually and commercial and industrial customers that they bill 4 times a year, they would only be billed $10 per billing cycle.

 

Council President Higgins asked if they talked about making the fee an annual charge because if it is per billing period and they choose to make it quarterly billing they would collect $80. 

 

Mr. Brodd stated that the ordinance as written reads $20 per billing period and if they wanted to change that in the future they could address that it but current practice is two billing periods per year per residential customers.

 

Public Hearing opened at 7:58pm

 

Jim McLaughlin of 15 Garden Street was presented and stated that he opposed this ordinance because he feels that we have enough taxes now with this economy especially with the seniors.

 

Council President Higgins explained that he agrees with Mr. McLaughlin that the public is not in need of any further billings; however, in the end this ordinance which is designed to reduce a deficit will save money on the general budget.  

 

Councilor Kirkpatrick confirmed that currently regardless of whether you use Cumberland water or not because it is being paid from the general fund everyone is paying for it so this would recovery the debt and place the responsibility on the water users not the entire population.  He concluded that while he agrees with the sentiment that we are in tough times and they are certainly looking forward to taxing people additionally they also have a responsibility to not run deficits in our accounts. 

 

Council President Higgins stated that in fact under the current system the general revenue are subsidizing the water department and this was one of Councilor Mutter’s projects which he is glad to see that the Finance Sub-Committee and the Administration was able to complete that project. 

 

Councilor Lemois stated that right now the water department has been running a deficit and that money has been coming out of the general fund so now what will end up happening is that the water department won’t be running a deficit any longer subsequently the money won’t have to come out of the general fund any more so either way the tax payer is going to have to pay.

 

Mr. Brodd clarified that they are currently not running a deficit.  He added that the water department ran a deficit 3 of the last 5 years but it did not run a deficit last year and isn’t running one this year.  He explained that this is trying to pay back to the general fund the debt that is owed from past deficits. 

 

Council President Higgins asked what the estimated time that this additional fee would be needed.

 

Mr. Brodd replied that it would be six annual payments of $360,000 as stated in the fiscal note. 

 

Councilor Morris asked if they should amend it to include a sunset clause.

 

Council President Higgins expressed to the Solicitor, Mr. Hefner that the ordinance was intended to include a sunset clause that is referred to the fiscal note. 

 

Mr. Hefner replied that it would be fairly easy to add it to the ordinance now and he recommends that they do that.

 

Council President Higgins recommended amending section 2 by adding “all funds related to this fee which are collected will be escrowed in a separate bank account for the reserved purpose of reducing the debt.”

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR DWYER TO AMEND SECTION 2 BY ADDING, “ALL FUNDS RELATED TO THIS FEE WHICH ARE COLLECTED WILL BE ESCROWED IN A SEPARATE BANK ACCOUNT FOR THE RESERVED PURPOSE OF REDUCING THE DEBT.”   VOTE 7/0.

 

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 14 AND 15 BY ADDING, “UNTIL SEPTEMBER, 2014”.  VOTE 7/0.

 

Public Hearing closed at 8:07pm

 

MOTION BY COUNCILOR ALBUQUERQUE, SECONDED BY COUNCILOR MORRIS AND LEMOIS AND IT IS UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO APPROVE AS AMENDED.  VOTE 7/0. 

 

NEW BUSINESS:

A.  APPOINTMENTS-BOARD OF CANVASSERS (Mayoral Appointment)

 

1.  Reappointment of Michael Plasse of 44 Houtman Avenue

           Term Ending March 1, 2015     

 

Council President Higgins asked the Solicitor if they have to vote on this seeing that it is a Mayoral appointment.

 

Mr. Hefner replied that they can but it is more for their information than anything.

 

Councilor Morris stated that if they aren’t supposed to vote on this then she isn’t going to vote.  Councilor Morris recused.  

 

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

 

B.  RESOLUTIONS: 

 

1.  R-09-06 – A resolution proposing the abandonment of portion of Heroux Blvd in the Town of Cumberland (Permission to Advertise)

 

Council President Higgins asked if it is correct that this road abandonment be done by resolution.

 

Mr. Hefner replied that in other communities he had always seen this done by ordinance but in looking at the Charter and the powers and duties of the Council it doesn’t require an ordinance it can be by resolution or by ordinance or otherwise. 

 

Council President Higgins asked what the past practice has been.

 

Town Clerk informed that the past practice has been that road abandonment is by resolution.

 

Council President Higgins stated that they are interested to know where that area is.

 

Mr. Hefner stated that one of the Councilors couldn’t find it so he took a ride today and if they go down Heroux Blvd.  the last house on your left before you reach the condominium they will notice there is a 30 to 40 foot vegetated area that has been staked out.       

 

Council President Higgins asked if the condominium association the other abutter to this parcel.

 

Mr. Hefner explained that this is one of the issues and he had spoken to Mr. Shekarchi in general about the format which he explained that he followed the format he received from the Clerk’s Office which was a checklist that was drafted by the Planning Department.  He added that the way he reads the general laws the only people who require notice are those who abut the actual property to be abandoned which would exclude the condominium.

 

Councilor Ackerman added that it has also bee her experience in other cities and towns in the State that it is done by ordinance and she thought it interesting that it was laid out that the abutters on the west got the entire parcel.  She explained that to the best of her knowledge when you have an abandonment it is split 50/50 to both parties so she would like to make sure that is legally correct before they go forward.

 

Councilor Morris pointed that she does a lot of road abandonments in her practice and the property is divided 50/50.  She also knows of many communities that do this by resolution including Providence.   

 

2.  R-09-07 – A resolution to the General Assembly relating to House Bill H5019

 

Mr. Hefner explained that this resolution supports the other cities and towns that have adopted similar resolutions in that the portion of the house bill that is referenced here there is a section that essentially puts 15 percent of the State deficit back to the communities which should only be getting 1 percent.  He added that they are urging the Council opposing that section of that bill but at the same time there are several articles there that they support which they would also like the Council to support.  He mentions that some of the items they support are the 25 percent mandatory health co-payment, the repeal of the Caruolo Act, management rights in the field of arbitration, relief of minimum staffing, pension reform (even thought they think it is a bit drastic in its present form) and issues related to pre-judgment interests in any law suits against the Town.

       

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

 

Councilor Morris asked if resolutions like this one get read during a hearing before the general assembly.

 

Mr. Hefner believed that they use to make their way down there but he is not sure whatever weight they were given or if they were read. 

 

Council President Higgins stated that he has seen in some of the resolutions that he has reads that the Town Council requests that the General Assembly leadership that represents the Town be sent copies of the resolution so if they do pass it he would like to see that happen. 

 

PUBLIC COMMENTS:

 

ADJOURNMENT:

MOTION BY COUNCILOR MORRIS, SECONDED BY COUNCILOR ALBUQUERQUE AND ACKERMAN AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:20P.M.  VOTE 7/0.

 

                                               

_________________________________________

Sandra M. Giovanelli, Town Clerk

 

 

THE DVD AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY