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| James T. Higgins, At Large | |
| Council President | |
| Manuel N. DaCosta District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council Member |
| E Craig Dwyer, District 2 | William S. Murray, District 5 |
| Council President, Pro-Tem | Council Member |
| Jeffrey T. Kearns, District 3 | Arthur Lambi, Jr., At-Large |
| Council Member
| Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, NOVEMBER 6, 2013 AT 7:30 P.M.
CUMBERLAND TOWN HALL-EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND
OPEN SESSION
The regular meeting was called to order at 7:30 p.m. by President Higgins.
MEMBERS PRESENT:
President Higgins, Councilors DaCosta, Dwyer, Murray, Lambi, Kearns, and Schmitt
Also present—Town Solicitor Thomas E. Hefner and Town Clerk Sandra Giovanelli
GENERAL ANNOUNCEMENTS
Councilor DaCosta recognized Representative James McLaughlin’s birthday.
Councilor Dwyer noted that it was also the Town Sergeant’s birthday yesterday.
Katie Boucher was presented with a proclamation designating the month of November pancreatic cancer awareness month in Cumberland.
Ms. Boucher thanked the Council and the Mayor for their support.
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of October 16, 2013
MOTION BY COUNCILOR MURRAY, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES:
A. VICTUALLING HOUSE LICENSE:
1. An application for a Fourth Class Victualling House from Abdul Meher of SNK, Inc. d/b/a Cumberland Convenience located at 427 High Street
Public hearing was opened at 10:05 p.m.
There was no one wishing to speak in favor of or against this license.
Public hearing was closed at 10:06 p.m.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO RECEIPT OF DEPARTMENT OF HEALTH APPROVAL, LOCAL TAXES PAID, POLICE APPROVAL, AND A PERMIT TO MAKE SALES AT RETAIL. VOTE 7/0.
B. 2013-2014 LICENSE RENEWAL:
FIRST CLASS VICTUALLING HOUSE LICENSE:
1. ANDREW’S BISTRO DESTINO, d/b/a Andrew’s Bistro, 3755 Mendon Road
2. ANGELO’S PIZZA, INC., d/b/a Angelo’s Pizza, 133 Mendon Road
3. PERIQUITO HOLDINDS, LLC, d/b/a Modern Bistro, 4077 Mendon Rd
4. JERRY’S FRIENDLY TAP LLC., d/b/a Jerry’s Friendly Tap And Grill, 1225 Mendon Road
5. CARELO’S, LLC, d/b/a Carelo’s Pizzeria, 235 Broad Street
6. CHURRASCARIA MARQUES, LLC, d/b/a Churrascaria Marques, 88 Broad Street
7. CLUB JUVENTUDE LUSITANA, INC, 10 Chase Street
8. CUMBERLAND A.C., d/b/a Cumberland Athletic Club, 30 Hamilton Street
9. ALBERT A. SHAKAN, d/b/a/ Cumberland Hillside Café, 75 Manville Hill Road
10. CUMBERLAND HOUSE OF PIZZA, d/b/a Cumberland House of Pizza, 2360 Mendon Road
11. CUMBERLAND POST #14, 695 Broad Street
12. CURBSIDE, INC., 17 Dexter Street
13. DAVENPORT’S FAMILY RESTAURANT, d/b/a Davenport’s Family Restaurant, 1070 Mendon Road
14. FATIMA HOLY NAME SOCIETY, 1 Fatima Drive
15. FILIBUSTER CLUB, 23 High Street
16. FORE COURT RACQUET & FITNESS CLUB, INC., 44 Cray Street
17. FORTUNE HOUSE INC., d/b/a Fortune House Restaurant, 1800 Mendon Road, Suite F
18. FRIAR TUCK’S, INC., d/b/a Tuck’s Food & Spirits, 2352 Mendon Road
19. FRIENDLY SONS OF ST. PATRICK, 135 Broad Street
20. MEI CUISINE, INC, d/b/a Golden Ginger, 356 Mendon Road
21. GOOD TIMES PUB RESTAURANT, INC., 1666 Diamond Hill Road
22. JACKY’S GALAXIE RESTAURANT, INC., d/b/a Jacky’s Galaxie Restaurant , 1764 Mendon Rd
23. MICKEY’S VALLEY VIEW PUB INC., 46 Carpenter Street
24. O R VENTURES, INC., d/b/a Valley Cafe, Inc., 3 Dexter Street
25. P&M PUB, INC., d/b/a Time Out Bar & Grill , 940 Mendon Road
26. STEVIE D’S BAR & GRILL, LLC, Stevie D’s Bar & Grill, 80 Manville Hill Rd
27. RESTAURANTE SERRA DA ESTRELA, d/b/a Serra Da Estrela Restaurant, 168 Broad Street
28. SEAGRAVE & ASSOCIATES, LLC, d/b/a Broad Street Tap, 433 Broad Street
29. SEVEN CRAY STREET REALTY, d/b/a Seven Cray Street, 7 Cray Street
30. SLAM, INC., d/b/a Third Base, 422 High Street
31. ST. JOSEPH’S CHURCH, d/b/a St. Joseph’s Parish Center Club, 1303 Mendon Road
32. ST. THOMAS BUILDING ASSOCIATION, d/b/a Knight of Columbus, 22 Broad Street
33. THE BEER MUG, INC., d/b/a The Beer Mug, 960 Mendon Road
34. VALLEY PARK PUB, LTD., d/b/a Valley Park Pub, 17 Mill Street
35. J.GRAY’S FAMILY TAVERN, 405 Mendon Road
36. INNOVATIVE FOOD, LLC, d/b/a Flavours, 1764 Mendon Road
37. PAMFILIO, INC. d/b/a Pamfilio’s Deli, 1800 Mendon Road
President Higgins noted that Item 5 needed to be removed from the list. The remaining items will be considered with the exception of Item 9, which he requested be tabled for two weeks because this item in currently in probate as they waiting for the appointment of an administrator.
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR MURRAY AND IT IS UNANIMOUSLY VOTED TO TABLE ITEM 9 FOR TWO WEEKS. VOTE 7/0.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE ITEMS B1-37 WITHOUT ITEMS 9 AND 5. VOTE 7/0.
SECOND CLASS VICTUALLING HOUSE LICENSES
1. BLACKSTONE RIVER THEATRE, d/b/a Blackstone River Theatre, 549 Broad Street
2. BLP, INC., d/b/a Subway, 2130 Mendon Road
3. CACKLEBERRIES FAMILY RESTAURANT, 802 High Street (transfer pending from High Street Diner)
4. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 100 Scenic View Drive
5. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 100 Scenic View Drive
6. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 2100 Highland Corp Drive.
7. EGGS UP FAMILY RESTAURANT INC. d/b/a Eggs Up, 2378 Mendon Road
8. GB DONUTS OF RHODE ISLAND INC., d/b/a Honey Dew Donuts, 2084 Diamond Hill Road
9. GOLDEN ARCH ENTERPRISES, LLC ,d/b/a McDonald’s Of Cumberland, 100 Mendon Road
10. GOLDEN ARCH ENTERPRISES, LLC ,d/b/a McDonald’s of Cumberland, 1754 Mendon Road
11. GREAT TASTE CHINESE RESTAURANT, 3404 Mendon Road
12. HOT SPOT, LLC, d/b/a Dunkin Donuts, 3781 Mendon Road
13. J’S DELI, d/b/a J’s Deli, 2364 Diamond Hill Road
14. JAN CO. CENTRAL INC., d/b/a Burger King #4718, 1715 Mendon Road
15. JOHNSTON DONUTS, INC. # 20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
16. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
17. POPPY’S FAMILY RESTAURANT INC., d/b/a Poppy’s Family Restaurant, 3344 Mendon Road
18. RONDEAU ENTERPRISES INC., d/b/a Everybody’s Favorite, 1370 Mendon Road
19. SAKI’S ENTERPRISES LLC, d/b/a Saki’s Pizza, 2275 Diamond Hill Road
20. SUPREME PIZZA LLC, d/b/a Supreme Pizza, 3454 Mendon Road
21. THE COFFEE CONNECTION INC., d/b/a The Coffee Connection, 2364 Mendon Road
22. HAKOBYAN, INC., d/b/a Ani’s Pizza & Seafood, 1182 High Street
23. SHER LE MON SWIM CLUB, d/b/a Sher Ler Mon Swim Club, 2701 Mendon Road
24. PROVIDENCE ZEN CENTER, d/b/a Providence Zen Center, 99 Pound Road
25. S.P. DONUTS, INC. d/b/a Honey Dew Donuts, 2130 Mendon Road
MOTION BY COUNCILOR MURRAY, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
THIRD CLASS VICTUALLING HOUSE LICENSES
1. AJ SEABRA SUPERMARKET, 2000 Mendon Road
2. M R BAKING INC., d/b/a Colonial Bakery, Inc., 185 Broad Street
3. BREAD UNLIMITED LLC d/b/a Crugnale’s Bakery, 1764 Mendon Road
4. GOLDEN PALACE CHINESE RESTAURANT, 1165 High Street
5. G & P DONUTS INC. d/b/a Honey Dew Donuts, 3450 Mendon Road
6. JMP PROMOTIONS, LLC, d/b/a Big Flea, 1 Ann & Hope Way
7. JOHNSTON DONUTS, INC. #1700 d/b/a Dunkin Donuts, 1700 Mendon Road
8. JOSIE’S ICE CREAM, 797 High Street
9. K & A ELMASRI CORP., d/b/a Ronzio Pizza, 1700 Mendon Road
10. MICHAEL’S MEATS, INC, 2130 Mendon Road
11. PIZZA MAN OF CUMBERLAND, 87 Broad Street
12. ALL STAR PIZZA, 417 Broad Street
13. THE STOP & SHOP SUPERMARKET, d/b/a Super Stop & Shop, 70 Mendon Road
14. TRIAD PIZZA, INC., d/b/a Domino’s Pizza, 250 Mendon Road
15. DA SILVA DESSERTS, INC., d/b/a Zaccagnini’s Pastry, 2339 Diamond Hill Rd
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FOURTH CLASS VICTUALLING HOUSE LICENSES
1. 732 HIGH STREET MARKET, INC., d/b/a/ High Street Market, 732 High Street
2. IQBAL & SONS INC, d/b/a Cumberland Sunoco, 2093 Diamond Hill Road
3. CUMBERLAND FARMS INC #1275 d/b/a Cumberland Farms, 3440 Mendon Road
4. COLBEA ENTERPRISES, LLC, 2095 Diamond Hill Road
5. CVS PHARMACY INC d/b/a CVS Store #37, 1998 Mendon Road
6. CVS PHARMACY INC d/b/a CVS Store #728, 315 Broad Street
7. CVS PHARMACY INC d/b/a CVS Store #2506, 2125 Diamond Hill Road
8. Diamond Hill General, Lp d/b/a Diamond Hill General , 3782 Diamond Hill Road
9. DAVE’S MARKETPLACE, 2077 Diamond Hill Road
10. DIENE GROUP LLC, d/b/a Domino’s Pizza, 3400 Mendon Road
11. DYANE’S SWEET TOOTH, INC., d/b/a Dyane’s Sweet Tooth , 186 Mendon Road
12. F & Z LLC, d/b/a Gulf Express, 3 Pine Swamp Road
13. KIM AND GARY’S ICE CREAM MACHINE, 4288 Diamond Hill Road
14. ISHA, LLC, d/b/a Bestway Food Store, 302 Broad Street
15. KAHN & SONS INC., d/b/a The Cumberland Spot, 1152 Mendon Road
16. KD DONUTS INC., d/b/a Dunkin Donuts, 4120 Mendon Road
17. MAHAL INC., d/b/a Diamond Hill Convenience, 2275 Diamond Hill Road
18. MAXI DRUG SOUTH LP d/b/a Rite Aid #10231, 2136 Mendon Road
19. MENDON ROAD LEASING d/b/a Gulf Express, 1754 Mendon Road
20. NOURIA ENERGY RETAIL INC., d/b/a Cumberland Shell, 4120 Mendon Road
21. SHREEGA INC d/b/a Bestway, 1178 High Street
22. TONY’S CUMBERLAND MARKET INC., d/b/a Tony’s Cumberland Market, 290 Broad Street
23. UNIVERSAL INVESTMENT INC d/b/a Del’s Lemonade, 170 Mendon Road
24. BAKED & SERVED NEW ENGLAND, d/b/a Wildflour Café, 2000 Mendon Road
MOTION BY COUNCILOR DACOSTA, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FIFTH CLASS VICTUALLING HOUSE LICENSES
- PHANTOM FARMS LLC d/b/a Phantom Farms, 2920 Diamond Hill Road
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR LAMBI AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
EXTENDED HOURS LICENSE (Between 2:00 a.m. and 6:00 a.m.)
1. CUMBERLAND FARMS STORE #1275, 3440 Mendon Road
2. KD DONUTS INC d/b/a Dunkin Donuts, 4120 Mendon Road
3. GB DONUTS OF RHODE ISLAND INC d/b/a Honey Dew Donuts, 2084 Diamond Hill Road
4. HOT SPOT, LLC d/b/a Dunkin Donuts, 3781 Mendon Road
5. JOHNSTON DONUTS, INC. #20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
6. JOHNSTON DONUTS, INC. #1700, d/b/a Dunkin Donuts, 1700 Mendon Road
7. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
8. MENDON ROAD GULF INC., d/b/a Gulf Express, 1754 Mendon Road
9. NOURIA ENERGY RETAIL INC., d/b/a Cumberland Shell – 4120 Mendon Road
10. THE STOP & SHOP SUPERMARKET, d/b/a Super Stop & Shop, 70 Mendon Road
11. S.P. Donuts Inc. d/b/a Honey Dew Donuts, 2130 Mendon Road
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #13-16 – An ordinance relating to the Town of Cumberland Pension Fund a/k/a the Police Pension Plan (tabled from September 4, 2013)
Solicitor Hefner asked that this matter be tabled for two weeks.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR MURRAY AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER FOR TWO WEEKS. VOTE 7/0.
2. #13-23A – An ordinance amending Article 13 of the Cumberland Zoning Ordinance entitled “Signs”
(Presented by Council President Higgins on behalf of the Administration)
Councilor DaCosta informed that the Ordinance Sub-committee met today, and after some input from the business community and others in the audience, they agreed to form a committee with the guidance of Planning Director Morris and reconvene in two weeks. He requested that this matter be tabled for two weeks.
MOTION BY COUNCILOR DACOSTA, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER FOR TWO WEEKS. VOTE 7/0.
3. #13-26 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 53, Lot 334 from Residential-1 (R-1) to Commercial-1 (C-1)
Public hearing was opened at 8:44 p.m.
Attorney Scott Partington spoke on behalf of the property owner. This is a 9,500 square foot lot with a unique configuration which is currently zoned R-1; there is a building on-site that is unusual—it is a hybrid between commercial and residential as it has a storefront on the first floor and a smaller attic on top. The building was built in 1932, and as he recalled it has been a barber shop and a convenience store over the years. Then the windows were boarded over, and he applied for an R-2 variance, but it was never used as such. The first two floors are 1,350 square feet each; the third floor is 950 square feet. The intent is for Ocean State Nursing, which is owned by the same person as this property, to move its administrative and billing offices to this building. They received a positive advisory from the Planning Board, which also restricted the uses at their request—there would be no drug dispensing (which had been a plan of the previous owner), no storage of hazardous waste, no trucking terminal, and no storage of heavy equipment—in order to alleviate the fears of the neighbors. The building has been an eyesore for a number of years. The owner plans to repave the parking area, landscape the entire lot (which has been reviewed and approved by the abutting neighbor) as well as the patch of grass at the corner; they also plan to add a sidewalk along the back end of the property. Support posts will be added to the unsupported porch with an open porch on the first floor; the same will be done in the rear of the building. The third floor will be taken up to code. With regard to the parking, for a commercial use, one space is required per 300 square feet; the first two floors alone would require 9 spaces; if the third floor was used as a dwelling, it would require 11 spaces, though that is not planned at this time. The first floor alone requires 4.5 parking; the second floor requires 4.5 if they are used for commercial purposes. He pointed out that if the second and third floors are used for residential, and the first for commercial, the requirement is reduced to 8 parking spaces. There will be three to four employees on the first floor; the second floor is planned for limited use a few times a year for a candle company. He confirmed that a C-1 zone allows for the upper floors to be used as residential. He distributed handouts with two different parking configurations. He explained that one has 8 spaces and has Sumner Street as the proposed access point; the owner would prefer not to have access on this street as it is very residential. He stated that previously access was on the Sherman Street side, where it meets Mendon Road, and she would prefer to use that; however, this would only allow for 7 spaces.
Director Morris noted that the Planning Board recommended 8 spaces, and she was unaware of this new possibility. She stated that they must consider based on the uses and what could go in there in the future.
Ms. Driscoll, the property owner and applicant, informed that she did not want access on Sumner Street as it was a residential street, so she asked her architect to redesign using Sherman; by blocking up Sumner Street access, they could add another space there.
President Higgins noted that there is also access on Mendon Road.
Director Morris noted in her recommendation that the 8 spaces would be as approved by the Public Works Director to ensure that there was enough space to maneuver within the lot; she suggested that they rely on the Public Works Director to be sure it is safe.
Councilor Murray noted that he was concerned by access on Mendon Road as it can be difficult to negotiate; he endorsed the use of Sherman Avenue as an access point because it does not send the cars into a residential area.
Attorney Partington informed that they have spoken with some neighbors, and they met with Mr. Cleary, who is a neighbor who helped with a letter drop to all the neighbors. He was glad the property is being cleaned up, and he helped clear up the rumors going around. He noted that the neighbors’ main concerns were included as restrictions by the Planning Board.
Councilor Lambi requested the hours of operation; Ms. Driscoll responded that it would be 8:00 a.m. to 4:00 p.m., no weekends.
Councilor Lambi asked about the large trees that are located in what will be the parking area; Ms. Driscoll responded that they are already gone.
Councilor Kearns noted that there seemed to be no boundaries at the parking area.
Mrs. Driscoll informed that they are awaiting the surveyor’s report so they could put the sidewalk in along Sumner Street. When the trees were removed, it ended up making gullies in the property. She also noted that the building is gutted right now, and they have just delivered their architect’s plans. They have been working very closely with the Fire Department, and they have approved the plans.
Joseph Lombardo, with home offices in Hope Valley, RI, a planning expert, informed that he was hired by the applicant to perform a land-use evaluation with regard to the change of zone. He explained that he reviewed the Town’s Comprehensive Plan, specifically the Town’s Future Land Use Map; he also took a look at the purposes of zoning to formulate an opinion regarding the suitability of the site based on the proposed use and requested zone change. He explained that a C-1 use is intended for limited commercial and professional office establishments, which fits with the applicant’s proposed use of the property. The Comprehensive Plan provides some guidelines to the Council which address having a balance and harmonious pattern of land use, and density and the land’s natural capability to accommodate uses. Based on the tonight’s testimony, it is clear that the site could accommodate this use, so the next focus is suitability of the site. The Land Use Map has the areas surrounding this site as either residential or commercial. In his opinion, this project was in keeping with the land use scheme for the area, and it shows that this area is a mixture of uses. He also noted that the building was previously commercial. He informed that the Comprehensive Plan recognizes the need for development and the importance of establishing a balance for development before the Council; the Council needs to relate these land-use decisions to the capability and density of the property to handle that land use, and in his opinion, this property can easily handle it. The C-1 zone is a limited commercial zone, so therefore when you go through the use table, you will see that it is limiting, and the site itself limits the potential uses it can have there. The site area is comprised of businesses and medium residential uses; it is a true mixed area. He felt that this change is consistent with and in keeping with not only the Comprehensive Plan but also the purposes of the Zoning Ordinances, which are also items that the Council should consider this evening. He also stated that this area is a mixture of offices, financial institutions, retail, small restaurants, car dealerships, and residential, and so it is a true mixed area.
Attorney Partington noted that the Town Planner had listed certain conditions, the most important of which was parking. Attorney Partington felt that from a traffic flow standpoint, it was better to exit on Sherman Avenue, though that would reduce the number of spaces by one. There is also a large parking lot available across the street. In an abundance of caution, he asked that if there is a vote in the affirmative, that it be affirmed with the building and parking as it is—he would like Section 6-9 of the Zoning Ordinance to not apply. Additionally, the building already exists, so the regulations regarding lot coverage do cannot apply.
Councilor Lambi noted that the separation between commercial and residential is supposed to be 40 feet; he asked what it was for this property.
Attorney Partington responded that it is probably about 15 feet.
President Higgins stated that basically the applicant was asking for a dimensional variance.
Attorney Partington responded that this was a cautionary step—in his opinion is that it is a pre-existing, non-conforming property to begin with, but he wanted to be sure that all those bases are covered because the zone is changing.
Councilor Lambi asked if Mr. LaLiberte, the abutting property owner, supported this project.
Attorney Partington responded that he did.
Councilor Murray informed that he had spoken with many of the neighbors in the area; they were originally upset because of what was a rumor. This property has been an eyesore for many years. The neighbors he spoke with after the rumor was corrected were excited about this project as it was going to improve the property. He felt it was a win-win situation.
There was no one wishing to speak again this project.
Public hearing was closed at 9:25 p.m.
MOTION BY COUNCILOR MURRAY, SECONDED BY COUNCILOR KEARNS AND IT IS VOTED TO APPROVE BY A ROLL CALL VOTE SUBJECT TO THE FOLLOWING STIPULATIONS: PROPERTY IS NOT TO BE USED FOR THE FOLLOWING USES—DRUG DISPENSORY, TRUCKING TERMINAL, HAZARDOUS WASTE STORAGE, STORAGE OF HEAVY EQUIPMENT; PARKING SPACES SHALL BE STRIPED AND A MINIMUM OF 7 SPACES TO BE APPROVED BY THE PUBLIC WORKS DIRECTOR; SECTION 6-9 OF THE ZONING ORDINANCE SHALL NOT APPLY TO THIS LOT; AND THE CURRENT LOT COVERAGE MAY BE UTILIZED. VOTE 6/1.
Nay Councilor Lambi.
4. #13-28 – An ordinance relating to Health Care Insurance Coverage for Police Officers (Presented by Council President on behalf of the Administration)
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER FOR TWO WEEKS. VOTE 7/0.
B. RESOLUTIONS:
1. R-13-43 – A resolution authorizing the transfer of all presently employed Cumberland Police Officers to the State of R.I. Municipal Employees Retirement Systems (MERS)
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR SCHMITT AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER FOR TWO WEEKS. VOTE 7/0.
NEW BUSINESS:
A. RESOLUTIONS:
1. R-13-44 – A resolution authorizing Mayor Daniel J. McKee to enter into a contract with Gill Tank Services for the construction of the aboveground 6000 gallon concrete vaulted steel gasoline storage tank to be located at 37 Blackstone Street, Cumberland, RI 02864
This matter was taken out of order.
Alan Brodd, Public Works Director, explained that this project is part of an ongoing effort to make improvements to the fuel storage and monitoring system at the Highway Department Garage. There is a tank in the ground that is approximately 20-25 years old; it works properly but gives them some issues in terms of testing and in tracking use of fuel. There are old-style gas pumps. This will help put a facility in that will be a fully compliant above-ground facility and will give them the ability to monitor fuel consumption by vehicle, by department, and make the tracking of gasoline assets much easier. This was a bid item, and the low bidder was Gill Tank Services at $118,800.
President Higgins noted that the fiscal note indicated issues with DEM.
Mr. Brodd explained that there are issues in tracking their fuel consumption, which is one of the DEM requirements. The existing tank will eventually be removed, but not as part of this project. The tank will be located in front of the bays, to the left of the existing fuel facility along the fence line. The funding will come from Capital Improvements.
Councilor Kearns asked if the existing tank is in compliance with current state law.
Mr. Brodd responded that it is not because there are issues; the Town has made an agreement with DEM that they will not use the existing facility after December 31st of this year, so this must be acted on this evening in order to be in compliance with that agreement. This tank will store the fuel, monitor the available volume, and will have a key lock system which will allow identification of each individual using the facility, and will provide an accounting of the fuel used by truck and by department.
Councilor Kearns asked about the cost benefit analysis to this.
Mr. Brodd responded that he did not believe a cost benefit analysis has been done.
Solicitor Hefner informed that the Town was cited by the State at least three years ago. This has continued to be on their agenda; the Town has met with them once or twice a year for updates. The real issue here is that there is a discrepancy between what the Town says it uses and what the numbers show—it is not that it is actually leaking. In order for the Town to prove its side of the story, it must take the tank out of the ground every year and check something underground on the tank to show that its figures are right. This would cost $8,000-$10,000 a year. The Town has been cited because of the length of time it has pushed this down the road; if it is not done by a certain time, there will be a fine imposed. By doing it by the end of this year, the fine will be waived and credited towards the amount of money that the Town will be spending on this new tank. This must be done by December 31st. Eventually, they will need to also take out the underground tank because by December 31, 2015, all underground tanks will have to be closed.
Councilor Kearns asked about the cost of the project if they run into problems—is there a contingency.
Mr. Brodd responded that there is no contingency built in, but it is an all-inclusive turnkey price at this point.
Councilor Kearns agreed that it needs to be done, but he was concerned by the fact that the bidder was $40,000 less than everyone else.
Mr. Brodd noted that there is $21,000 between the first and the second bidder. He has reviewed the project with Gill, and was pleased with the discussions. He had no idea why there was such a difference in price—he suggested that they may be working on a different mark-up system. It is a bid, fixed price contract.
Councilor Lambi noted the same issue; the tank was priced at $79,000 for two bids, but the winner priced it at $39,000; he wanted to be sure that the bid included a new, above-ground tank of the same type. He also noted that the company has been in business since 1964. He also wanted to know if there was an estimate as to the cost of removing the old tank.
Mr. Brodd responded that they are still discussing alternatives to removing it with DEM. The estimate is $40,000 for removal, but that assumes a certain level of contamination, but that is an unknown factor until it is dug up.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR MURRAY AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-13-45 – A resolution to authorize Mayor Daniel J. McKee to enter into a contract with Gifford Design Group, Inc. in an amount not to exceed $8900.00 for design and Project Management Services for the installation of lighting and security system at the Valley Falls Heritage Park
This matter was taken out of order.
Planning Director Morris informed that the Town was awarded a historic parks passive recreation grant in the amount of $98,000; much of the work has been done, but it must now be completed, and it includes choosing historic-type lighting and a security system to protect these improvements. While preparing his bid, Mr. Gifford spoke with the Police Department and is working closely with them to put in the correct amount of cameras in the correct locations. Signs will be hung informing that police will take notice which will deter vandalism. It will also make people feel safer at the park. She was unsure who will be monitoring the system—that is part of Mr. Gifford’s design. The balance of the grant needs to be spent by the end of this year. They received only one response to the Request for Proposals, and she was very happy with his bid; he has worked with the Town on many projects, and his is very qualified. She asked the Council to approve this Resolution.
Councilor Kearns asked about a project timeline.
Director Morris responded that it must be done by December 31st.
MOTION BY COUNCILOR DACOSTA, SECONDED BY COUNCILOR MURRAY AND COUNCILOR MURRAY AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-13-46 – A resolution authorizing Mayor Daniel J. McKee to obtain a loan in the amount of $405,000.00 for the Forest Avenue Roadway and Sidewalk Construction Project
Finance Director Silvia explained that this Resolution is in response to a new program with the State. The Town’s submission is for a $405,000, but the Town is only allowed to borrow $200,000 in a given year based on Section 806 of the Town’s Charter. The intention is to split this application in half and do half each year. This is for a loan at a very low interest rate.
Solicitor Hefner informed that this is a new program approved by the General Assembly in the last session; he was unaware of all the details.
Mr. Silvia explained the application will not be heard without this authorization being received; he could not supply a fiscal note because the interest rate and term would be determined after the application is approved.
Representative James McLaughlin explained that this program is a low-interest loan process approved by the General Assembly, and he asked the Council to approve this.
President Higgins asked for Mr. Silvia’s best guess as to the fiscal impact on the Town.
Mr. Silvia responded that the Town cannot borrow any more than $200,000 without going out for a referendum. The interest rate would be approximately 2 percent below prime; prime is currently at 3 ¼%. He was unable to determine the repayment terms until the loan was awarded.
President Higgins asked Mr. Silvia if he would give them a commitment that prior to acting on borrowing the money, he would report to the Council with the figures. Mr. Silvia agreed.
Councilor Schmitt stated that he was uncomfortable with that; he would rather see a fiscal note.
President Higgins noted that Mr. Silvia had made a commitment to them that before actually borrowing the money, he would provide all information.
Councilor Schmitt stated that the interest rate was fine; he was concerned about the term of repayment. He noted that that bid allows for a 15 percent contingency fund, which is about $57,000; he thought that was a little high, and he asked the Council to consider that in their deliberations. He noted that the bid also contains a charge for a traffic person, which equates to roughly $40/hour, which he thought was excessive.
Mr. Brodd stated that because his department put the estimate together, he would answer those questions. With regard to the contingency, normal practice is to use 10 percent; this involves the digging on Forest Avenue, and removing all of existing curbing and resetting of that curbing. He anticipated some interference with gas lines, etc., and old abandoned gas lines as a new gas main was put through there. That is why there is a 15 percent contingency instead of a 10 percent contingency. They are required to have either a flagger or a police officer on the job for safety purposes to direct traffic at the job site.
Councilor Murray pointed out that if this is not approved, it will have to be done eventually, and this program provides a low interest rate. The area is a disgrace to the Town.
Councilor Lambi felt there was not enough information; he did not get to ask Mr. Brodd of other streets in Town that are in equal need of repair; there are numerous vehicles parked on the sidewalks, and he does not want to spend this money to make parking spaces for vehicles. Without information regarding other needed projects in Town, he could not support this.
MOTION BY COUNCILOR MURRY, SECONDED BY COUNCILOR DACOSTA AND IT IS VOTED TO APPROVE. VOTE 5/2.
Nay Councilor Lambi and Councilor Schmitt.
B. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #13-29 –An ordinance relating to the appropriation of money for future expenditures at Tucker Field (Presented by Councilor Schmitt)
Councilor Schmitt asked that this Ordinance be removed, and it was so ordered.
2. #13-30 – An ordinance relating to the Sale of tickets to concerts held at Diamond Hill Park (Presented by Councilor Schmitt)
Councilor Schmitt asked that this Ordinance be removed, and it was so ordered.
3. #13-31 – An ordinance authorizing the placement of a stop sign on Mimoso Court at the intersection of Womantam Lane (Presented by Councilor Murray)
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):
1. Executive Session pursuant to R.I.G.L. 42-46-5 (a) 2, discussion of collective bargaining issues
This matter was taken out of order.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO GO INTO EXECUTIVE SESSION BY A ROLL CALL VOTE. VOTE 7/0.
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO ADJOURN FROM EXECUTIVE SESSION VOTE 7/0.
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO SEAL THE RECORDS OF THE EXECUTIVE SESSION. VOTE 7/0.
PUBLIC COMMENTS
Representative McLaughlin noted that he had stopped by the Highway Garage, and the Highway Department is diligently working to repair the dump trucks. He asked that the Council consider any requests from them. He also informed that he spoke with Sheldon Whitehouse regarding the Peterson Puritan settlement; there is $9 million owed to Cumberland, and from what he is told, this matter is still in court.
ADJOURNMENT
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:12 P.M. VOTE 7/0.
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Sandra M. Giovanelli, Town Clerk