MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, DECEMBER 16, 2020 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

 

The regular meeting was called to order at 7:31pm.

 

MEMBERS PRESENT:

President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Beaulieu and Schmitt.

 

Also present— Mayor Jeffrey Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Finance Director Ray Chauvin; Planning Director Jonathan Stevens; DPW Director Robert Anderson

 

President Kinch stated the following:
“This meeting is held virtually on the Zoom platform.  If you have interest in an item on the agenda, we will turn on your audio or promote you to a panelist as the item is called.  If you would like to provide comment, please raise your hand by clicking the icon labeled "Participants" at the bottom center of your computer or phone screen, and then click the button labeled "Raise Hand."  If you are dialing in from a phone, you may press *9 to raise your hand.  To avoid background noise, please remain muted until it is your turn to talk.  You may mute and unmute yourself by clicking on the mute button on your computer or laptop, or by the pressing *6 on your phone.   Our staff also has the ability to mute participants if it becomes necessary.” 

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special Organizational Meeting of November 30, 2020 and Regular Meeting of December 2, 2020.

 

B.  Council President’s Committee and Liaison Appointments

 

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

 

PUBLIC COMMENTS

There were none

 

REPORTS/COMMUNICATIONS

A.  Monthly/Quarterly Financial Report ending November 30, 2020.

      Budget to Actual

 

B.  Check registers for November 1 through November 30, 2020.

 

Finance Director Ray Chauvin gave an overview of his report, and a progress report on the new accounting system conversion from Sunguard to PowerSchool, a full year process.

 

Mr. Chauvin took questions from the Council.

 

C.  A request from the Tax Assessor to review and approve November 2020 abatements and supplemental bills

 

President Kinch read the individual totals:

 

TOTAL 2020 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $5,004.83. 

 

TOTAL 2020 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $533.21. 

 

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

 

D.  Report of Executive Session vote(s), as may be necessary.

 

President Kinch stated that there was one vote to report out of executive session: 

 

On October 29, Councilor Beaulieu made a motion that the Council support pursuing a potential land swap relating to the acquisition of 500 Nate Whipple Highway.  The motion was seconded by Councilor Schmitt, and was approved by the Council on a vote of 5-2, with Councilors Schmitt, Gemski, Beaulieu, Shaw and Dwyer voting “yes” and Councilors Kinch and Bradley voting “no.”

 

E.  Discussion regarding status of the Public Safety Complex Building Committee; potential vote(s)

 

Councilor Beaulieu reminded the Council that there had been some discussions about the completion of the Safety Complex and whether the Safety Complex Building Committee had been discharged. Ms. Beaulieu felt there were budgetary items that could be discussed, as well as the possible decommission of the Building Committee. Councilor Beaulieu stated she would like a report from the Mayor, take time to address the issues and do a follow up.

Ms. Beaulieu wondered whether a.) the Council followed what the Charter or ordinances require us to do regarding building committees, and b.) is there anything in fact that didn’t occur that the Council needs to follow through with for the future, whether it’s a form or something more explicit like an ordinance, as an outcome of this? We have another building committee for the school department doing work now, is there more communication needed to have with them?

 

Mayor Mutter and the Council discussed change orders that occurred, Council approvals and lack of, bond fees, allocation of funds, and the fact that the Safety Complex had come in under budget.

 

Councilor Beaulieu stated that a next step would be to identify appropriate legislation to address some of the areas of concern by the Mayor as well as the disbandment of the building committee and put it on the next agenda for Council action.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #20-22 – An ordinance establishing a new Article to address the use of recreational fire pits within the Town of Cumberland (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt noted that the Council was awaiting an Ordinance Sub-Committee review, that will take place on December 29, 2020 at 6:00pm. He asked for a motion to table to January 6, 2021.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 6, 2021 BY A ROLL CALL.  VOTE 7/0.   

 

2.  #20-26 – An ordinance in amendment of the Comprehensive Community Plan for property located at Ann & Hope Way, Plat 11, Lots 66, 67, 68, 159, 181, 182, and 187, and Plat 12, Lot 17

  

Councilor Schmitt noted that this was awaiting review from the Ordinance Sub-Committee on December 29, 2020, and heard at the Planning Board’s February meeting. He asked for a motion to continue ordinance 20-26 to February 17, 2021 to give the Planning Board time to render their opinion.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 17, 2021 BY A ROLL CALL.  VOTE 7/0.   

 

3.  #20-27 – An ordinance to amend the Town of Cumberland Code of Ordinances, “Zoning” and the Zoning Map with reference to Assessor’s Plat’s 11, Lots 66, 67, 68, 159, 181, 182, and 187, and Plat 12: Lot 17 (Ann & Hope Way) from Indutrial-1 (I-1) to Commercial-1 (C-1)

 

Councilor Schmitt stated that this zone change also fell under the same explanation as the previous ordinance.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 17, 2021 BY A ROLL CALL.  VOTE 7/0.   

 

4.  #20-29 – An ordinance authorizing the placement of stop signs at the intersections of Hines Road and Waumsett Ave. and Hines Road and Pequot Ave. (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt stated that this also would be heard by the Ordinance Sub-Committee on December 29, 2020 at 6:00pm and asked for a motion to table to January 6, 2021.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 6, 2021 BY A ROLL CALL.  VOTE 7/0.   

 

5.  #20-30 – An ordinance relating to Secondhand Goods and Fees (Presented by the Council President on behalf of the Administration)

 

This ordinance also would be heard by the Ordinance Sub-Committee on December 29, 2020 at 6:00pm. Councilor Schmitt asked for a motion to table to January 6, 2021.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 6, 2021 BY A ROLL CALL.  VOTE 7/0.   

 

6.  #20-31 – An ordinance amending the salaries of the Executive Staff and Other Positions (Presented by the Council President on behalf of the Administration)

 

Also awaiting review, by the Finance Sub Committee, scheduled to meet December 22, 2020 at 7:00pm. President Kinch asked for a motion to table to January 6, 2021.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 6, 2020 BY A ROLL CALL.  VOTE 7/0.   

 

NEW BUSINESS

 

A.  CLAIMS:

      1.  Kaitlynd Jones

Referred to the Solicitor’s Office

 

      2.  Harold Storey

Referred to the Solicitor’s Office

 

      3.  Alfred & Catherine Archambault

Referred to the Solicitor’s Office

 

      4.  Paul Testa

Referred to the Finance Sub-Committee

 

      5.  Elaine Pastore

Referred to the Finance Sub-Committee

 

      6.  William Austin

Referred to the Finance Sub-Committee

 

      7.  Eric Schreiber

Referred to the Solicitor’s Office

 

Councilors Beaulieu and Bradley discussed recent flooding in town with Solicitor Morris-Salvatore, which was currently under investigation by the Trust, and whether it was the Town or the State’s responsibility.

 

B. APPOINTMENTS

        BOARD OF CANVASSERS

            1.  Roger Dunn, Alternate

This position is nominated by the Council President and/or Mayor and approved by the Council, per RIGL § 17-8-1, Appointment of bipartisan authority.

 

 Mayor Mutter nominated Mr. Dunn and asked the Council for their approval.

 

Councilor Beaulieu asked if a member of the BOC could also be a member on other committees or commissions.

The solicitor responded in the affirmative.

 

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

           PARKS & RECREATION

           Nominations and appointment of 3 members; term to expire December 31, 2022 

 

Solicitor Kelley Morris-Salvatore explained the nomination process.  

 

President Kinch asked if any of the candidates were present and wished to speak.

 

Candidates Alexandria Evers, Kelly Validzic, John Cavanagh and Joe Santoro spoke to their backgrounds, education and desire to contribute to the Town.

 

           1.  Alexandria Evers

           2.  Brian Goldberg

           3.  Joe Santoro

           4.  Kelly Validzic

           5. John Cavanagh

 

President Kinch opened the floor to nominations.

 

Councilor Magill nominated Ms. Validzic.

Councilor Beaulieu nominated Alexandria Evers.

Councilor Bradley nominated Mr. Santoro

Councilor Schmitt nominated John Cavanagh

Councilor Shaw nominated Brian Goldberg

 

Nominations closed at 8:29pm and President Kinch asked each Councilor to vote for their three top choices:

 

Councilor Schmitt – Validzik, Evers and Cavanagh

Councilor Beaulieu – Evers, Goldberg, Cavanagh

Councilor Shaw – Evers, Cavanagh, Goldberg

Councilor Bradley – Goldberg, Santoro, Validzik

Councilor Magill – Evers, Validzik, Cavanagh

Councilor Metivier – Evers, Santoro, Validzic

Councilor Kinch – Evers, Validzic, Cavanagh

 

The three candidates having four or more votes were appointed to the Board:

Alexandria Evers – 6 votes

Kelly Validzic – 5 votes

John Cavanagh – 5 votes

 

 

           LIBRARY BOARD OF TRUSTEES

           1.  Erin Redihan, term to expire December 31, 2022

 

Librarian Celeste Dyer spoke to Erin’s continued support at the library and gave her own support on Erin’s behalf.

Ms. Redihan spoke to the Council and expressed her honor at becoming a member of the Board of Trustees.

 

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

C.  RESOLUTIONS:

1.  R-20-122 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract agreement with GZA Geo Environmental, Inc. on behalf of the Town of Cumberland to provide professional engineering services in connection with the Phase 1 Site Investigation of the Albion Town Landfill Site Remediation project in an amount not-to-exceed One Hundred Eighty-Five Thousand, Five Hundred Ninety-Six, and 00/100 Dollars ($185,596.00).

 

Mayor Mutter explained that transfers made in fiscal year 2017 and 2018 from the conveyance/realty tax had become available and $200,000.00 was available to pay for these services.

 

DPW Director Bob Anderson had prepared the resolution with Planning Director Jonathan Stevens’ assistance. Mr. Anderson gave a history of the landfill and a summary of the proposed procurement of services from GZA Environmental to investigate the site in preparation of a plan to remediate and close the site. The plan would require DEM approval.

The procurement process, project approach, and selection process resulting in choice of GZA was outlined. 

 

For context, Planning Director Jonathan Sevens explained the town landfill operated from 1954-1984 and was never properly closed. The Town is exposed to the risk of it being elevated to a superfund site if the town does not take any action. DEM has already issued the town a $150,000.00 grant to fund the initial costs of outside counsel and private investigators with expertise in identifying responsible parties, to help defray costs to town.  The Town is doing its due diligence to try to close this site. This first phase will pay for engineering costs, get a plan, test wells, ultimately get a report with specs for actual contracting needed to be done to cap the landfill with an impermeable surface. The Town is moving with regulatory agencies to take care of this properly and stick to a timeline that the regulatory agencies will respect.

 

Councilor Schmitt asked if by awarding this today, are we obligated to awarding subsequent phases to the same company?

 

Mr. Stevens stated that that was the intention of the RFP, for continuity.

 

Solicitor Morris-Salvatore stated that it is statutory – no pricing is asked; and explained the process only recently enacted by the General Assembly.

 

 

Funding, timing of the project and future work was discussed.

 

President Kinch asked if anyone from the public wished to speak in favor or against.

 

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

2.  R-20-123 – A resolution urging Gina M. Raimondo to place a moratorium on evictions and to promote eviction diversion program.

 

Community Outreach Director Sarah King explained this resolution regarding She wanted this resolution to not just isolate the situation to a freeze, but also a program where both renters and landlords can apply for assistance. She expressed the importance of supporting divergent programs so landlords can also survive.

 

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

Councilor Beaulieu spoke about a Go Fund Me page for the northern RI Food Pantry.

 

D.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

1.  #20-32 – An ordinance relating to Sewer Use Fees and removing the requirement for the sewer deficit reduction fee

 

Referred to the Finance Sub Committee

 

 

PUBLIC COMMENTS

 

ADJOURNMENT

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:30P.M.  VOTE 7/0. 

 

 

 

 

____________________________________

Sandra M. Giovanelli, Deputy Town Clerk

 

 

 

 

 

FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE VIDEO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.

ADDITIONALLY, THE DVD OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY.