MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JULY 15, 2020 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

 

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

 

MEMBERS PRESENT:

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

 

Also present— Mayor Jeffrey Mutter; Chief of Staff Linda Teel; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Police Chief John Desmarais;

Finance Director Ray Chauvin; Water Superintendent Chris Champi; Planning Director Jonathan Stevens

 

President Dwyer read the following:

 

“To protect the health and well-being of our citizens, and in accordance with Governor’s Raimondo’s Executive Order
20-25 (relaxing the Open Meetings Act requirements) this meeting will be available to the public by video or telephone conference.  All members of the Town Council will be participating remotely. Members of the public can listen and/or participate by clicking on the link posted on the agenda, or by calling any of the numbers listed on the agenda. This meeting will also be livestreamed on Clerkbase by clicking on the link on the website.

 

Comments can be emailed to publiccomments@cumberlandri.org including your name, address, and statement. Only comments including all required information will be read into the record.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Meeting of June 17, 2020, of the Special Executive Session and Regular Meetings of June 23, 2020, and of the Special Meetings of June 25, June 30, and July 9, 2020. 

 

B. COMMUNICATIONS

1.  C-20-28 – A resolution from the Town of Middletown in opposition to S-2547/H-7900, An Act Relating to Aeronautics - Airports and Landing Fields – Airport Zoning

 

2.  C-20-29 – A resolution from the Town of Burrillville Defending the Rights of Citizens under the First Amendment to the United States Constitution and Declaring Burrillville a “First Amendment Sanctuary Town”

 

C.  APPROVED PERMITS FOR TEMPORARY OUTDOOR SEATING

      1.  American Legion, Cumberland Post 14, 695 Broad Street

 

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

 

PUBLIC COMMENTS

President Dwyer paused at 7:34pm and resumed at 7:36pm to allow for any callers or emails.

 

LICENSES  President Dwyer took the next two items in reverse order

B.  VICTUALLING LICENSE:

      1.  An application for a second-class victualling house license from V R Foodies, LLC d/b/a Godivari RI, located at 356 Mendon Road

 

Public hearing opened at 7:39pm.

 

Applicants Praveena Kanipakam, Tejaswi Thelia and Vadivel Umapathy were present via Zoom to answer any questions.

 

The applicants confirmed they were purchasing and continuing the previously existing franchise.

 

Public hearing closed at 7:40pm.

 

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

 

A.  ENTERTAINMENT LICENSE:

      1.   A special event entertainment license from Matthew Perry for a private graduation party to be held at the Monastery on Saturday, August 8, 2020

 

Councilor Schmitt mentioned Mr. Perry reached out to inform that he had a conflict and could not attend the meeting.  This application had been approved in March and subsequently cancelled as a result of the pandemic.  This application is to reschedule the event. 

 

Public hearing opened at 7:41pm.

 

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

Councilor Gemski asked how the cleaning of the rest rooms and provision of food would be handled given the concerns with the pandemic.

 

Public hearing closed at 7:47pm.

 

MOTION BY COUNCILOR GEMSKI, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE WITH THE CONDITION THAT THE BATHROOM CLEANING AND FOOD HANDLING IS IN COMPLIANCE WITH COVID REGULATIONS.  VOTE 7/0.

 

REPORTS/COMMUNICATIONS

 

A.  Update from Chief Desmarais

Chief Desmarais explained how the Cumberland Police Department’s policing policy is geared to prohibit bias-based profiling, listed the many prohibited prejudices and the training undertaken by officers regarding conducting themselves professionally.

 

In light of recent national events, the Chief addressed the use of force within the department. Officers should assess each incident to bring it under control and are trained in de-escalation. The sequence of de-escalation techniques from least to most extreme: presence/appearance; dialogue; empty hands control utilizing the least amount of strength necessary, based on an officer’s physical strength and skills; chemical spray; taser; firearm.

Choke holds are not authorized and are barred. Written into the CPD’s policy is that all officers present have a duty to intervene if witnessing another officer utilizing force clearly beyond what is reasonable in the circumstances, and to report any such incidences to a supervisor.

 

First aid will be provided as needed and as soon as possible in event of injury during use of force or as requested. As a means to provide checks and balances, the Chief can reach out to the Attorney General and the State Police for an independent outside review as necessary.

 

In Rhode Island, the police officers’ bill of rights has been contentious; there will be an upcoming reforming of the state law enforcement bill of rights.

 

In response to Councilors Kinch and Schmitt, the Chief reviewed the “Less than lethal force” and firearms trainings each held twice a year.

The Chief concluded by stating that the Cumberland Police Department standards are accredited both nationally and with the State of RI.

 

B.  Monthly/Quarterly Financial Report ending June 30, 2020.

      Budget to Actual

 

Finance Director Ray Chauvin outlined details of his report.

 

A brief discussion ensued regarding the surprisingly good rate of collections during this time of the pandemic, and future timing of paying taxes online.

 

C.  Check registers for May 1 through June 30, 2020.

 

Mr. Chauvin responded to Councilor Beaulieu’s question about certain items labeled “Covid” that it was the finance department’s way of tracking items purchased for Covid precautions so they can apply for reimbursement from FEMA.

 

D.  A request from the Tax Assessor to review and approve June 2020 abatements and supplemental bills

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2020 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $202.45 BY A ROLL CALL VOTE.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2020 MOTOR VEHICLE SUPPLEMENTALS IN THE AMOUNT OF $84.49 BY A ROLL CALL VOTE.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2020 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $5,300.37 BY A ROLL CALL VOTE.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2020 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $10,320.30 BY A ROLL CALL VOTE.  VOTE 7/0.

 

Councilor Shaw asked the solicitor about the next abatement on a certain property. The solicitor spoke to resolution of the issue and said we can hold this item until next month in order to receive a detailed explanation from Assessor Mallette.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO TABLE THE TOTAL 2020 TANGIBLE ABATEMENTS IN THE AMOUNT OF $55,476.05 BY A ROLL CALL VOTE TO AUGUST 19, 2020.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2020 TANGIBLE SUPPLEMENTALS IN THE AMOUNT OF $57.28 BY A ROLL CALL VOTE.  VOTE 7/0.

 

NEW BUSINESS

A.  APPOINTMENTS

  CONSERVATION COMMISSION:

1.      Devan J. Lippman, reappointment with term expiring January 2023 

 

2.      Tyler Hyde, reappointment with term expiring January 2023

 

Tyler Hyde spoke via Zoom.  He thanked the Council and the Mayor for the opportunity to continue to serve the Town on this board.  He welcomed them to attend their future meetings.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE REAPPOINTMENT OF DEVAN J. LIPPMAN AND TYLER HYDE BY A ROLL CALL VOTE.  VOTE 7/0.

 

  PENSION BOARD

1.      Irene A. Schmitt, appointment replacing Robert Walsh with term expiring January 31, 2023.

 

Councilor Schmitt recused as the applicant is his wife.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR KINCH, AND IT IS VOTED APPROVE THE APPOINTMENT OF IRENE A. SCHMITT BY A ROLL CALL VOTE.  VOTE 6/0.

 

B.  RESOLUTIONS:    

1.   R-20-91 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Weston & Sampson CMR, Inc., for the Reconditioning and Repair of Well Supplies for the Cumberland Water Department in an amount not to exceed $131,990.00

 

Water Superintendent Chris Champi stated that this resolution was for the redevelopment of our existing well sites and was essentially for removal of deposits and cleaning of screens in the wells, to allow water to keep drawing into the wells. This is a maintenance project that occurs every couple of years.

 

Public hearing opened at 8:37pm.

 

President Dwyer asked if anyone had any questions.

 

Councilor Schmitt and Mr. Champi discussed the account the money will be coming from and the built-in contingency of $25,000.00 to cover unknown issues once the wells are opened and reviewed.

 

Public hearing closed at 8:39pm.

 

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

 

2.   R-20-92 – A resolution formally adopting the Albion Town Landfill Conservation and Management Plan

 

Planning Director Jonathan Stevens explained that the town has a liability with this town landfill closed in the 80’s, a 52-acre site, half of which is contaminated and in need of closure. The Planning Department had presented a proposal a year ago to move with an action to engage outside legal counsel and engineering services to define the limits of contamination and to move to design a remediation, capping and closure regimen.

There is an opportunity to defray or eliminate the cost of remediation in capping through working with DEM to report lightly contaminated soil areas and prepare them to sculpt the profile of the property to optimize it for solar panels

and preserve the balance of the property (about 25 acres) for passive recreation such as hiking. This would require creating a new lot for the solar, if that’s what the Council decides. This resolution is a non-binding agreement, to provide guidance to the town that will come back to the Council in the form of a more formal presentation, and to solicit a couple of responsible parties to participate in the cost of the remediation.

 

Public hearing opened at 8:49pm.

 

Discussion ensued with the Council regarding the potential of Mossberg Steel and Owens Corning Fiberglass as responsible parties, and how much they might contribute; rezoning this area to institutional use and potential changes to the existing zoning ordinance, the best interests of the town.

 

Public hearing closed at 8:53p.m.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR GEMSKI TO APPROVE.

 

After further discussion, it was determined to table the matter to the next regular meeting to allow for time in assessing remediation costs with and without any help from potential responsible parties, the estimated funds realized through a solar array, and revising some of the language in the resolution.

 

Councilor Shaw withdrew his motion; Councilor Gemski withdrew her second.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO TABLE TO AUGUST 19, 2020 BY A ROLL CALL VOTE.  VOTE 7/0.

 

 

3.  R-20-93 – A resolution requesting the Rhode Island General Assembly to pass 2020 – H 7575 and 2020 – S 2711 and cause a referendum amending Article 1 be placed before voters at the November 3, 2020 General Election

 

Councilor Beaulieu stated that she had asked to have this on the agenda due to challenges to inequity within schools. The two bills would allow article 1 to be a right to adequate education. If passed, a referendum would be placed before the voters to consider.

 

Public hearing opened at 9:11pm.

 

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

 

Public hearing closed at 9:12pm.

 

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

 

B.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE

1.   #20-17 – An ordinance amending the Comprehensive Plan to affirm the Town’s commitment to  increasing affordable housing opportunities for people of all races, backgrounds and regardless of socioeconomic status. (Presented by the Council President on behalf of the administration)

 

Referred to Ordinance Sub-Committee.

 

Councilor Schmitt asked to schedule a meeting for Tuesday, July 28 on 5:30.

    

2.   #20-18 – An ordinance regarding temporary stop signs (Presented by the Council President on behalf of the administration)

 

Referred to Ordinance Sub-Committee

 

3.  #20-19 – An ordinance relating to tax exemptions for totally disabled veterans

 

Referred to Ordinance Sub Committee

 

 

Councilor Shaw asked to schedule a meeting on August 4 for the Finance Sub-Committee at 6:00p.m.

 

PUBLIC COMMENTS

President Dwyer paused at 9:16pm to allow members of the public to comments on any topic and resumed at 9:17pm

 

Councilor Shaw announced that the fire pit ordinance has been sent to the Chief of Police for review and he expects the item to be on the August 19 agenda for presentation and permission to advertise.

 

The following email from Laura Brady of 702 Nate Whipple Highway was read into the record:

 

Statement RE: ORD-20-17:

I would like to thank Mayor Mutter for recognizing the harmful attitude reflected in the statement regarding “demographic shifts” adversely affecting the “safety” and “appearance” of residential areas in the Comprehensive Plan. That statement reflects the prejudicial belief that when Black residents and other people of color or lower socioeconomic status move into a neighborhood, crime increases and properties deteriorate. While it is important that this language is revised, it is even more important that we examine the attitude behind the statement. I believe that replacing this statement with the amended language is an excellent first step that will affirm the town's commitment to equitable opportunities for residents. It is my hope that the Town of Cumberland will continue to examine practices that reinforce racial segregation (such as exclusionary single family zoning) and prioritize the development of affordable housing.

 

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:18P.M.  VOTE 7/0

 

 

 

 

____________________________________

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.