MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JANUARY 15, 2020 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 7:40p.m.

 

MEMBERS PRESENT:

President Dwyer, Councilors Gemski, Kinch, Shaw, Bradley, Beaulieu and Schmitt

 

Also present— Mayor Jeffrey Mutter; Town Clerk Sandra M. Giovanelli; Finance Director Ray Chauvin; Town Solicitor Kelley M. Salvatore; Water Superintendent Chris Champi; Parks & Recreation Director Mike Crawley

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Councilor Gemski announced that the first public meeting for the Broad Street Regeneration project would be held on Wednesday, January 22, 2020 6:00 p.m. at Blackstone Valley Prep Elementary School, 52 Broad Street.

 

President Dwyer announced a joint meeting with the School Committee and the Town Council scheduled for February 3, 2020 at 6:00 p.m. in the Council Chambers.

 

President Dwyer moved the next two items ahead in the agenda to accommodate the respective participants:

 

NEW BUSINESS

RESOLUTIONS

 

2.  R-20-02 – A resolution authoring the Town to provide a grant of twenty thousand dollars ($20,000) from the Open Space Account to the Cumberland Land Trust for the purchase of property to be utilized as open space

 

Joe Pailthorpe, 56 Old West Wrentham Road, board member of the Land Trust, prefaced the resolution by saying the Land Trust has had four acquisition partnerships with the town over the last several years, ranging from $20,000.00 to $250,000.00.

 

Councilor Kinch asked for an explanation on the retroactive reimbursement, and meetings with the Open Space Commission.

 

Public Hearing opened at 7:46p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Rep. McLaughlin asked the Council to approve this resolution.

 

Mayor Mutter and Finance Director Chauvin responded to Councilor Schmitt’s questions regarding the money coming from the General Fund line item restricted for open space.

 

Public hearing closed at 7:47p.m.

 

MOTION BY COUNCILOR KINCH, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE.  VOTE 6/1

Nay: Councilor Schmitt

 

LICENSES

PRIVATE DETECTIVE LICENSE    

     1.  An application for a Private Detective from Douglas Belknap

 

Everything for this application was in order.

 

Douglas Belknap, 16 Scott Road, Unit 3, was present and stated he had formerly held a private detective license in Lincoln; but has recently moved to Cumberland and is seeking a license here.

 

Public Hearing opened at 7:55p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 7:55p.m.

 

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

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of the minutes of the Regular meeting of December 4, 2019, the Special and Regular Meetings of December 18, 2019, and the Special Meeting of December 30, 2019.

 

B.  COMMUNICATIONS

1.  C-20-01 – Resolution from the Town of Charlestown urging the Governor to convene the E-911 Commission to oversee the resolution of any inadequacies in the E-911 system

 

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

 

Councilor Bradley asked to revise the vote so that he could vote nay on the December 30, 2019 minutes.

 

Councilor Beaulieu withdrew her motion, Councilor Shaw withdrew his second.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECEMBER 4, 2019 AND THE SPECIAL AND REGULAR MEETINGS OF DECEMBER 18, 2019.  VOTE 7/0

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE THE MINUTES OF DECEMBER 30, 2019.  VOTE 6/1

Nay: Councilor Bradley

 

PUBLIC COMMENTS

There were none.

 

LICENSES

VICTUALLING HOUSE LICENSE     

1.      An application for a First-Class Victualling House License from Rinconcito Latino located at 3 Dexter Street

 

Pending fire inspection, building inspection, permit to make sales at retail, letter of good standing, TIPS certification, insurance and menu.

 

Public Hearing opened at 7:58p.m.

 

Owner Yubitza Roxana Zecena was present and described the type of restaurant she would open.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 7:58p.m.

 

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

 

 ENTERTAINMENT LICENSE  (taken out of order)

1.      An application for an Entertainment License from Rinconcito Latino located at 3 Dexter Street

 

Pending fire inspection, building inspection, permit to make sales at retail, certificate of good standing, TIPS certification, insurance, menu

 

Public Hearing opened at 8:00p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 8:00p.m.

 

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

 

VICTUALLING HOUSE LICENSE   (continued) 

 

2.  An application for a Fourth-Class Victualling House License from A & MM Enterprises d/b/a Ocean located at 290 Broad Street

 

Pending Department of Health, fire inspection, building inspection, permit to make sales at retail.

 

Public Hearing opened at 8:03p.m.

 

Owner Mohamed El Rhazali, 77 Winter Avenue, Cranston, was present to speak to his application for his business.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Rep McLaughlin spoke in favor of the application.

 

Public hearing closed at 8:05p.m.

 

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

 

HOLIDAY LICENSE

1.      An application for a Holiday License from A & MM Enterprises d/b/a Ocean located at 290 Broad Street

 

Pending Department of Health, fire inspection, building inspection, permit to make sales at retail.

 

Public Hearing opened at 8:06p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 8:06p.m.

 

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

 

 

 PRIVATE DETECTIVE LICENSE     heard earlier

     1.  An application for a Private Detective from Douglas Belknap   

 

 

ENTERTAINMENT LICENSE  (continued)    

2.      An application for a Special Event Entertainment License from Richard Vaillant for 13^th World to be held at the Diamond Ski Park, every Friday thru Sunday from October 2^nd to October 25^th, and Thursday, October 29^th to Saturday, October 31^st

 

Building, fire, police and rescue are approved pending final inspection and a detail to be present on the day of events.

Also pending promotors permit, vendor list and insurance.

 

Public Hearing opened at 8:08p.m.

 

Event organizers Richard Vaillant, 75 Pocasset Street, Cranston, and Zeke Fortier, 31 Cross Street, Bellingham, MA were present and spoke to their 19-year history of their event.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Parks and Recreation Director Mike Crawley spoke in favor of the event, and of the organization’s record of holding successful events that improve each year. The leasing fee for the park was discussed.

 

Public hearing closed at 8:13p.m.

 

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

 

REPORTS/COMMUNICATIONS

 

A.  Monthly/Quarterly Financial Report ending December 31, 2019.

Finance Director Ray Chauvin presented his report and responded to questions from the Council.

Discussion ensued on the expense report and the debt service principal.

 

B.  Check registers for December 31, 2019.

There were no questions or discussions.

 

C.  A request from the Tax Assessor to review and approve December 2019 abatements and supplemental bills

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2019 REAL ESTATE SUPPLEMENTAL IN THE AMOUNT OF $1,187.37.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2019 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $301.72.  VOTE 7/0.

 

D.  Franklin Farm Well Facility: Public Hearing on Draft Environmental Assessment

Water Superintendent Chris Champi and Woodard & Curran representative Todd Prokop gave details on their compiled report. An attendance sheet was passed out in compliance with the RI Revolving Fund, in order to show that this public hearing occurred, and to note who was in attendance. The project will be sent out for bids.   Agenda  Plans  Environmental Assessment

 

Discussion on DEM and DOH requirements, building committee, architectural building plans, upkeep and maintenance ensued. The estimated start time for the project would be summer of 2020. All documents created by Woodard and Curran are available as links on the town web site.

 

Julie Guerin, 28 Metcalf Drive, secretary of the Historic Franklin Farm Preservation Association, verified the Association had been in close contact with Chris Champi and Todd Prokop and were pleased with the evolution of this project and the support received.

 

E.  Update on the $83 million school bond borrowing

Mayor Mutter referenced the 2018 vote approving this ballot question. He updated the Council on the timing of expenditures; potential changes to bonuses and reimbursement rates were discussed.

 

Rep McLaughlin asked the Council for a resolution that he could add to a bill he has in front of the legislature asking for the full reimbursement amount. He will also ask for one from the School Committee.

 

F.  Update on Southern Sky Net Metering Finance Agreement.

Mayor Mutter confirmed that the agreed upon up-front payment had been received.

 

Solicitor Morris-Salvatore stated that in the original agreement there had been language about the financing arrangement; that the town would have to do collateral assignments for lenders. She had been working on two documents for these assignments to secure the lending for the financing, in compliance with the original agreement.

 

G.  Report on vote of resolution R-19-103 relating to the purchase of a Senior Center Van

 

President Dwyer stated that this item had been voted on at the December 30, 2019 special meeting, in an amount not to exceed $47,000.00. As that meeting was not recorded or videotaped, he announced the vote:  Motion by Councilor Kinch, second by Councilor Beaulieu, vote to approve 5-1, with Councilor Bradley as nay vote. Councilor Shaw had been absent.

 

 

OLD BUSINESS

A.  RESOLUTIONS FOR PUBLIC HEARING:

1.  R-19-95 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an amended lease agreement with T-Mobile Northeast LLC (tabled from December 4, 2019)

 

Counselor Morris-Salvatore asked to table this to the February 5, 2020 Council meeting so that new issues that had been presented could be reviewed.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 5, 2020.  VOTE 7/0

 

                

B.  ORDINANCES FOR PUBLIC HEARING:                                                              

1.  #19-33 – An ordinance establishing Municipal Mobile Food Establishment Permits (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt noted this had been reviewed by the Ordinance Sub Committee on January 7, 2020. Substantial changes were made, which were not included in tonight’s packet. The Ordinance Sub Committee would meet again on January 28, 2020 at 5:30p.m., at the Hayden Library, room 4, and subsequently bring this back to the Council February 5.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 5, 2020.  VOTE 7/0

 

2.  #19-34 – An ordinance amending the Zoning Ordinance to specify roof mounted medium energy systems are not subject to major land development regulations (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt stated this had been reviewed by the Ordinance Sub Committee on January 7, 2020; this ordinance simplifies the process for applicants to get roof mounted solar. The new title reads: “Amending the Zoning Ordinance to omit roof mounted medium energy systems from being subject to major land development review”.

 

Public Hearing opened at 9:13p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 9:13p.m.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO SUBSTITUTE #19-34A IN PLACE OF #19-34.  VOTE 7/0

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE #19-34A AS AMENDED.  VOTE 6/1

Nay: Councilor Bradley

 

3.  #19-35 – An ordinance amending the Employee Handbook (Presented by the Council President on behalf of the Administration)

 

Public Hearing opened at 9:16p.m.

 

Mayor Mutter stated that this begins the process of codifying a long-standing practice not previously codified, and asked for passage.

 

Councilor Schmitt verified that this had been heard in the Ordinance Sub Committee on January 7, 2020 and on a vote of 2-0, the Committee recommended passage.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 9:18p.m.

 

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

 

NEW BUSINESS

A.  APPOINTMENTS:

 HISTORIC DISTRICT COMMISSION

 Appointment by the Town Council President to fill the remaining term held by David Balfour; term to expire 

      December 31, 2021

    

        Dana M. Newbrook

 

As a Council President appointment, no vote was required. Mr. Newbrook was appointed to the Historic District Commission.

    

B.  CLAIMS:

      1.  Mark Jakubiak      - Referred to the Finance Sub Committee

 

      2.  Daniel Van Etten   - Referred to the Finance Sub Committee

 

      3.  Jennifer Tomassini  - Referred to the Finance Sub Committee

 

      4.  Graeme Woodhead  - Referred to the Finance Sub Committee

 

      5.  Arlene Smith   - Referred to the Solicitor’s Office

 

  

C.  RESOLUTIONS:    

1.  R-20-01 – A resolution authorizing the Town of Cumberland to utilize Viewpoint Government Solutions, Inc. for Electronic Permitting and to pay the annual invoice in the amount of eleven thousand, six hundred dollars ($11,600.00)

 

Public Hearing opened at 9:20p.m.

 

Counselor Kelley Morris Salvatore reported this was a state mandated expense for an e-permitting service with a December to December term, costing $1,840 per 500 records.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 9:22p.m.

 

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

 

 

2.  R-20-02 – A resolution authoring the Town to provide a grant of twenty thousand dollars ($20,000) from the Open Space Account to the Cumberland Land Trust for the purchase of property to be utilized as open space    heard earlier

 

3.      R-20-03 – A resolution authorizing the Town of Cumberland to issue Tax Anticipation Notes

 

Mayor Mutter informed the Council that this was the annual request for Tax Anticipation Notes. There would be one request only this year, for $8,000,000.00.

 

Public Hearing opened at 9:23p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 9:25p.m.

 

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

 

4.  R-20-04 – A resolution engaging the law firm of Shectman Halperin Savage, LLP as special counsel for the issuance of Tax Anticipation Notes at an amount not to exceed $8,500.00

 

Public Hearing opened at 9:25p.m.

 

President Dwyer asked if anyone wished to speak in favor or against.

 

Public hearing closed at 9:25p.m.

 

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

 

           

D.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

1.  #20-01 – An ordinance amending the operating budget for the Town of Cumberland’s Water Department for Fiscal Year 2019-20 (Presented by the Council President on behalf of the Administration)

 

Referred to the Finance Sub Committee.
Public hearings scheduled as follows:

First public hearing: Monday, February 3, 2020 at 6:00p.m.;
Finance Sub-Committee public hearing: Wednesday February 5, 2020 at 6:00p.m.;
Second public hearing and vote: Wednesday, February 5, 2020 at 7:30p.m. during the regular Council meeting.

All meetings will be held at the Cumberland Town Hall, Everett “Moe” Bonner Jr. Council Chambers, 45 Broad St.

 

PUBLIC COMMENTS

Rep McLaughlin stated he had provided the Town Clerk with a copy of his bill which she will distribute to the Administration and Council. He would like to see it with a corresponding resolution on the next agenda.

 

Rep McLaughlin also recognized Parks & Recreation Director Mike Crawley for the great job he did over the holidays.

 

Councilor Bradley stated for the record that in reference to R-19-03, he objected because we did not follow the RFP, and were not given the information until 10:30 – 11:00 the day of the meeting.

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:29P.M.  VOTE 7/0

 

 

 

 

 

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Sandra M. Giovanelli, 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.