MINUTES OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MAY 6, 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, Albuquerque and Morris     

 

Also present Town Solicitor Thomas E. Hefner, and Town Clerk Sandra M. Giovanelli

 

MEMBERS ABSENT:

Councilor Kirkpatrick  

 

GENERAL ANNOUNCEMENTS:

Councilor Lemois reported that last week the Town Solicitor went for a hearing on the Curbside appeal last week.  He stated that the Town Solicitor did a great job representing the Town and the Board of License Commissioners.  He informed that they would have a report sometime next week and which point he will report back.  

 

Council President Higgins received a letter from the United States of Commerce informing that between April and July of this year U.S. census employees will be visiting every house in Cumberland in order to conduct the 2010 U.S. Census. He explained that the Census employees will carry official badges and handheld computers to capture physical address and GPS coordinates. He added that they are reaching out to the police department, the local government, and the civic organization to inform the community about this important activity thereby reduces public concern.

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Town Council Meeting of April 15, 2009, Special Town Council Meeting of April 13, 2009, Special Town Council Meeting of April 21, 2009, and the Special Town Council Meeting of April 22, 2009

 

B.  COMMUNICATIONS:

 

1.  C-09-11 – A Request from the City of Warwick seeking support of their Resolution R-01-101 Relative to Legislation to Authorize City and Town Councils to Ratify School Teachers Contracts

 

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

 

TAX ASSESSOR – ABATEMENTS/SUPPLEMENTAL BILLS:

1.  A request from the Tax Assessor to approve March’s abatements and supplemental bills.

 

Mr. Hefner explained that Ms. Acquaviva-Aubin, Tax Assessor, has requested to have any abatements come before the Council so that they aware of them before they go through.  He added that in the past, the Council had merely approved these by memorandum from the Tax Assessor but Ms. Acquaviva-Aubin feels that she wants they presented on a regular basis similar to how the Finance Director does with his monthly finance report.  He stated that she just wants the Council to know exactly what is being abated and for what reason so there would be no questions down the line from anyone. 

 

Ms. Acquaviva explained that this is two-fold, one of the reasons she needs Council approval for these is because they have auditors that check their books.  She added that the auditors want to verify that once the Council approves a budget that they are also approving the addendums as well as the abatements.  She stated that in other words it was the Council’s charge to make sure once they set the rates and set budget standings that they live within the confine of those budgets.  She defined an abatement in terms of the Tax Assessor’s service to the Town is done for the purpose of correcting an error, for example, when the Town taxes a person for three bathrooms and they only have two.   She stressed that as her charge as the Tax Assessor she has statutes and ordinance that guides her to what she can and can not abate; it is a check and balance.  She concluded that this was the auditors’ recommendation that the Council should be aware of what was being abated, how much was being abated, and the reason for those abatements.

 

Council President Higgins asked why there weren’t reasons stated on the abatement report.

 

Ms. Acquaviva-Aubin stated that perhaps there was no room with all the detailing but it could be added to the report.  She explained that when they do an abatement it is processed and a reason for abate is on each sheet and a copy these sheets or given to the Tax Collector’s Office as well. 

 

Council President Higgins inquired about the Suburban Land Company on Birch Road that appears on the abatement section of the report because it is a significant amount of money.  He also asked if the taxes were current.

 

Ms. Acquaviva-Aubin responded that they had dropped some assessment a few years back which they found and by law they have the right to go back 6 years so as a result they addendum.  She stated that as far as if the taxes were current they would have to check with the tax collector because she doesn’t have that information.

 

Council President Higgins asked Mr. Hefner if there should be some type of cross reference before giving people tax breaks to see if they paid the taxes they owe. 

 

Mr. Hefner replied that in the past there had been justified before it came before the Council, except this Tax Assessor wants to bring it one step forward.  He explained that going forward whatever information the Council would like they should address that right now. 

 

Councilor Morris stated that she has seen this done a couple of different ways one being the way the Tax Assessor would like to do it.  She explained that basically after they certify the tax roll they have said this is what the taxes are and if there is a change for whatever reason it needs to be reported to them.  She assumed that in these cases she assumes that they have been through some type of an appeal process with the Tax Assessor. 

 

Ms. Acquaviva-Aubin responded that either there has been an appeal process or they evidence through the tax assessors office.  She explained that before additions or abatements are done they process them through the Council but they do sent notice stating that it is subject to Council approval.  

 

Councilor Morris stated that she understood that this was the first time they were approving these abatements and addendums this way so the Council felt that it advantageous to have the Tax Assessor present for questions.  She also stated that the question then became if the Tax Assessor needed to be present every month.  She believed if the Tax Assessor could give them some more information on the report the questions would be answered.  She asked the Assessor that if they didn’t require her present presence at the meetings and they had an additional question would that hold up the abatement process if they held to the next meeting in order to get any questions answered.

 

Ms. Acquaviva-Aubin stated that it would not be a problem, it wouldn’t hold up the process.

 

Council Lemois stated that he received a call not relative to this matter but instead questioning the deadline to file for a veteran exemption.

 

Ms. Acquaviva-Aubin replied that was an application which needs to completed and filed with their office no later than March 15 of every given year.

 

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

 

LICENSE:

A.  PEDDLER’S LICENSE:   

 

1.  An application for a new Peddler’s License from Alan Clark of 99 Boulevard Avenue, Lincoln, Rhode Island for Pal’s Ice Cream

 

Council President Higgins asked the Clerk if everything was in order with this license application.

 

The Town Clerk replied that everything was in order. 

 

Council President Higgins wished Mr. Clark the best of luck.

 

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

 

OLD BUSINESS:

A.   ORDINANCE FOR PUBLIC HEARING:

 

1.  #08-18A – An Ordinance Establishing the Sewer Department Budget for the Fiscal Year 2008 – 2009 (last heard on June 11, 2008 at which time it was committed to the Finance Sub-Committee for further review)

 

Council President Higgins referred this matter to the Finance Sub-Committee since it was in the Finance Sub-Committee as 08-18a and has not been committed out.  He also stated that after speaking to Councilor Kirkpatrick and the Mayor they were not aware it was on for a vote.  He pointed out that the Mayor was in Washington receiving an award regarding the Charter School and expressed their Congratulations to the Mayor.

 

Mr. Hefner stated when this was presented to him last week, it was presented as a new bill and rather than going though the presentation and advertise and the cost of advertisement, he thought it was best to utilize the old bill. He admitted he over looked that it was in the Finance Sub-Committee, it saves the town the cost of ad.

 

Council President Higgins stated that he spoke with Mr. Bruce and this was to stay in committee and he would schedule a meeting. 

 

NEW BUSINESS:

A.  CLAIMS:  

 

1.  Thomas Myers of 7 Barn Drive, Cumberland

 

Referred to Finance Sub-Committee

 

B.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

 

1.  #09-11 – An ordinance amending ordinance 09-06A relating to the Sewer Use and Operation Fee (Presented by Council President Higgins on behalf administration)   

 

There is a typographic error and will be deferred to the Finance Sub-Committee at their discretion.

 

C.  COMMUNICATIONS:

 

1.  Police Chief John Desmarais presents the Police Department’s 2008 Annual Report

 

Chief Desmarais gave an overall review of his 2008 Annual Report.  He stated that the report showed the public what they do day in and day out.  She pointed out that the crime has gone down in Cumberland and there was a five year trend.  He also added that in this report they would see the programs that the police department run and how very valuable they are to the community.  He listed some of those programs to be S.T.R.E.S.S Traffic Calming Program, Cops That Care, Rad Kids, and R.A.D.  He announced that the Cumberland Police Department was reaccredited back in 2008, one of six in the state of RI which is nationally credited. He mentioned that on the cover of his report there are pictures of the dedication of the building in honor of the former police Chief John J. Partington after nearly five eventful decades in law enforcement.

 

Councilor Lemois stated that is a fan of the Cumberland Police Department.  He also stated that it is not any better or more important than other departments but it is a department that quietly goes out and steps on the line everyday.  He pointed out that they do things that they don’t even know about to keep this community safe.  He reported that they are doing one project with vandalism and they are going beyond to protect properties.  He thanked Chief Desmarais and above all the men and women in his department.

 

Chief Desmarais stated that this report showed the dedication and hard work of the women and men who protect the streets of this community.

 

2.  Cumberland’s Youth Baseball/Softball League requests permission from the Town Council to erect a concession stand at the Diamond Hill Field

 

Jennifer Anderson, Vice-President of softball for the Cumberland Little League Association was present.  She started off by thanking Chief Desmarais because his staff volunteered their time to assist them at the recent Cumberland Youth Little League Parade.  Ms. Anderson stated that after approaching Mayor McKee back in December, they proceeded with the developing plans which the board approved the use of the funds for the project.  She explained that the question was when the building went up who would manage it and what types of legal arrangement would satisfy the town requirements and their organization needs.

 

Council President Higgins asked what they meant by manage it and is this to be limited to their use only.

 

Ms. Anderson answered that this concession stand would be erected at Diamond Hill State Park in-between the Babe Ruth and softball field.  She stated that what they hoped to do was use their capital fund to put up this concession stand to serve the softball side as well as the Babe Ruth side that the league runs from April to the end of September.  She added that there are over 1,000 children in their program and they are hoping to better the park and host tournaments with this concession stand.

 

Richard Ratcliffe, a member of the Board of Cumberland Youth Baseball/Softball, stated that one of the concerns the Board had was that they were conditionally approved use of $30,000 of their funds to build the concession stand but to what extent would they be able to ensure that could use the stand whenever they needed it.  He believed they needed some type of an agreement with the Town that they could use it at anytime and other organizations would use it with their permission which permission would not be unreasonably withheld. 

 

Michael Crawley, Director of Parks and Recreation Department, stated that Garvin right now has a town facility concession stand which is owned by the Town and no one uses it at the time because nothing goes on except for Cumberland Youth Baseball/Softball Association in town, so it never been a issue in the past. He pointed out that the concern now was moving into a new facility with multiple fields and multiple teams. He explained that there are other leagues using that facility such as the Cumberland High School freshman and the over 60 League. 

 

Councilor Morris asked if there maintenance required on these building was required who would be responsible.

 

Mr. Crawley stated that CYBSL organization has always taken care of the Garvin facility, being they were the only one using it, by painting the build, doing work inside and take care of whatever needs to be done on a yearly base. He pointed out that the Town does pay the electrical bill.

 

Councilor Morris asked if possible could the CYBSL organization sub-lease without unreasonable holding it and then charge a small fee for the maintenance with the CYBSL still maintaining it.

 

Mr. Ratcliffe stated that was what he had in mind.

 

President Higgins asked who would run it.

 

Mr. Ratcliffe responded that it would be the parents of the team utilizing it and they would pay a fee for the use.

 

President Higgins stated it’s a town own build run by a town organization and sub-leased to another town organization.

 

Councilor Lemois stated that he was in full support and asked if the Parks and Recreation Commission hade voted to approve this

 

Mr. Crawley responded it has been discussed when the original plan for Diamond Hill was built about 10 years ago.  He stated that it was taken over from the state and new fields were built.  He explained that the plan was to add a concession stand where the water shed is but the funds ran out.  He also explained that it was a good time now because the Cumberland Youth Commission is going to pay for it.  He added that the Parks and Recreation Department would be in control and the CYBSL would be beneficiary of using that facility and let others use it. He stressed that the big question was can they rent it out and who gets the rent.  He mentioned that one of the concerns are allowing other outside organization such as AAY which are competitors who are taking away children or players from the CYBSL.

 

Councilor Lemois stated that in his past experience when a sports organization spent $30,000 to $125,000 into a field the sport organization can not control it because it belongs to a town, however if it went through the Parks and Recreation Department 100 percent of the time the organization that had done the work and put the funds into it would get the recognition such as permit use of the field.  He added that when another organization came to play they would play second or third to that organization in the Town.  He added that in other words if another outside organization wanted to use it and the Park and Recreation Department want to charge a fee they could do that.  He stated that in the twelve years involved in sports he had never seen the Parks and Recreation Department not participate and help.

 

Councilor Ackerman also was in favor.  She states that she has her own children playing baseball and softball and a concession stand would be a big plus with families in town.  She asked for clarification as to where they were a private organization.

 

Mr. Ratcliffe stated that they are chapter from little league, a charter from Babe Ruth, we are a charitable corporation but they are not an agent of the Town.  He added that it is a baseball league from the town, however they have their own Charter and bi-laws that serves any child in Cumberland that wants to play is in title to play depending on what division they fit in from instruction to teenagers. He explained that their charter in Babe Ruth includes Lincoln residents and they are a private organization and we rely on fees that are paid by participants, business owners in town and people who contribute. He mentioned that they have spent $50,000 from money raised in their capital account for improvements to Garvin field. We are committed to improve the field for the children in town. 

 

Councilor Ackerman echoed Councilor Lemois thoughts about going through the Parks and Recreational Department and asked if their plans were approved by the building inspector.

 

Ms. Anderson responded that the plans were approved by the North Cumberland Fire Department and turned into Ray Madden pending approval depending on the arrangement and the contractor.

 

Councilor Ackerman asked if they plan on having a grill inside the building.

 

Ms. Anderson responded that they will have a portable grill outside, a refrigerator, a freezer, microwave and probably hot coffee. There will not be any indoor cooking element or bathroom. Mr. Travis had designed the building with concrete block on the lower half with anti-graffiti coding and any part that is not concrete will be gray shingle with white trim to fit in with a Rhode Island/New England building. This will service all the kids in Town regardless of their ability to pay.

 

Mr. Ratcliffe asked Councilor Lemois if there ever has been a memorandum of understanding that the organization with the approval of the Town Council will have first choice of the day regarding the concession stand because as it stands today, the concession stand is downstairs and the second floor will be storage for all their equipment, so would it be acceptable if only the members of CYBSL organization had keys to that part of the building? The concern that the CYBSL has is the amount of use of or access to the building they going to have if they are funding it.

 

The building is a 20x20 feet; the second floor would have two openings for announcements and a storage area. There are 100 baseball teams with equipment bags and uniforms and as of now the equipment is stored at the Filibuster Club.

 

Councilor Albuquerque stated he thought it was a great idea; however he believed that if there is a charge it should be from the Recreation Department and the occupancy and maintenance of the building, considering it is Town property.

 

Council President Higgins stated when he was on the School Committee a policy was adopted for the use of the facility.

 

Councilor Lemois stated that from experience and a larger amount of money, there was a soccer field behind Tucker field that soccer had built and they maintained it and the Town owned it. Every year they submitted their application or permit request to the Parks and Recreation. and it was a well-known fact that they received their permits first verses any other outside organization. Regarding the storage on the second floor, he did not see it as an unreasonable request to be lockup and off limits to others.

 

Council President Higgins asked if the soccer field went out to bid.

 

Councilor Lemois believed it went out to bid by the soccer league’s by-laws and is not governed by the Town.

 

Ms. Anderson stated that they have asked the folks who did some work at Garvin so they are hoping to get donated materials and labor.

 

Mr. Crawley stated that when they built the new fields at Cumberland Hill and behind Tucker Field there was some type of agreement. Till this day all the Cumberland Youth Soccer has first right to those fields, all day Saturdays, all day Sundays and Monday thru Friday they have it until 5 p.m. This was a written agreement about seven years ago. This philosophy could also be used going forward.

 

Tom Hefner stated that presently there is one request for Franklin Farm, and these types of requests have been coming in more frequently. The Monestary property when it was deeded to the town came with many restrictions, and Diamond Hill came from the State of Rhode Island and that came with conditions. Franklin Farms and the property across the street were purchased with money from the Water Resource Board and came with conditions. He believed that each proposed use should be looked at and the only way is to get the whole thing on the table and that why it is here. There are several conditions that the Town Council needs to look at in this proposal: Fire Department and Building Officials approval, the termination if there are any restrictions on the property, and the Rhode Island Interlocal Risk Management Trust may require an outside insurer. A policy must be in place and he did not believe other sport teams, like lacrosse will be using the concession stand. He suggested that the Council may want to come up with another Sub-Committee to look at these things instead of coming to the full Council. He will review the conditions, restrictions, and contact the Interlocal Risk Trust to see what exactly is needed. He will get together with Mr. Ratcliffe and come up with some type of agreement.

 

Council President Higgins asked what the proposed time table is.

 

Ms. Anderson stated the CYBSL would like to have it completed by the Fall in order to store the baseball equipment. The last day to start would be July.

 

Councilor Morris stated that if it is not going to be leased, then the maintenance of the building will be done by the baseball league.

 

Council President Higgins suggested it should go the Sub-Committee in order to hammer out some of the issues and come up with an agreement.

 

MOTION BY COUNCILOR LEMOIS, SECONDED BY COUNCILOR MORRIS AND IT IS UNANIMOUSLY VOTED TO BE TABLED TO THE MEETING. VOTE 6/0.

 

PUBLIC COMMENTS:

Jennifer Handle of 99 High Street inquired about the storing of equipment on the property and who is liable.

 

Council President Higgins assumed that they would have their own insurance but that question will be raised at the next Ordinance Sub-Committee meeting.

 

Ms. Handle asks what the correlation between the Town Councils that has been very active as far as the difference Town Council meeting, which is a great idea, but how does the average community member become involve.

 

Council President Higgins stated that they are not involved in any formal coalition Town Council, although Councilor Ackerman had spoken to him about establishing one. The Mayor has a coalition of communities.

 

Councilor Ackerman stated that Ms. Handle may be referring to the communications from other towns noted on the agenda.

 

Council President Higgins offered to speak to her after the meeting.

 

ADJOURNMENT:

MOTION BY COUNCILOR ACKERMAN, SECONDED BY COUNCILOR LEMOIS AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:45 P.M. VOTE 6/0. 

 

 

____________________________________

Sandra M. Giovanelli, Town Clerk

 

 

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