MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, SEPTEMBER 2, 2020 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

 

The regular meeting was called to order at 7:49pm.

 

MEMBERS PRESENT:

President Dwyer, Councilors Beaulieu, Gemski, Kinch, Shaw, Bradley, 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; Water Superintendent Chris Champi; Parks and Recreation Director Michael Crawley.

 

GENERAL ANNOUNCEMENTS

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special and Regular Meetings of August 19, 2020

      

B.  COMMUNICATIONS

1.  C-20-40 – A resolution from the Town of Coventry relating to State Funding for COVID related expenses.

 

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

 

PUBLIC COMMENTS

President Dwyer opened this portion at 7:52pm for comments. Hearing none, public comments closed at 7:54pm.

 

LICENSES

A.  ENTERTAINMENT LICENSE:

1.   An application for a one-day special event entertainment license from McCoy Fit for Fit Challenge to be held at Diamond Hill Park on Saturday, November 21, 2020   

 

President Dwyer commented that this license had been presented earlier in the year but was cancelled due to the COVID pandemic.

 

Solicitor Morris-Salvatore responded, yes; the Town Clerk had refunded their fees, this was a new application and date. The applicants had met with the new Event Committee and their plan was approved.

 

Public hearing opened at 7:57pm.

 

Applicant Rob McCoy was present via Zoom to answer any questions.

 

The Council discussed the number of attendees, staggered start times, setup, marking the trails, provisions for cleanup.

 

Public Hearing closed at 8:04pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS GEMSKI AND SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING SAFETY OFFICIAL(S) APPROVALS, BY A ROLL CALL VOTE.  VOTE 7/0.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #20-20 – An ordinance amending the employee handbook to extend the time within which rollover PTO Must be used (presented by the Council President on behalf of the Administration)

 

2.  #20-21 – An ordinance authorizing a “No Parking” zone on Sumner Brown Road (Presented by Councilor Schmitt)

 

3.  #20-22 – An ordinance establishing a new Article to address the use of recreational fire pits within the Town of Cumberland (Presented by Councilor Shaw)

 

4.  #20-23 – An ordinance restricting traffic on Sun Valley Drive (presented by the Council President on behalf of the Administration)

 

President Dwyer stated that all ordinances will be tabled until after the Ordinance Sub-Committee meeting on Thursday, September 10, 2020 at 5:30pm.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU TO TABLE ORDINANCES #20-20, #20-21, #20-22, AND #20-23 TO SEPTEMBER 16, 2020 BY A ROLL CALL VOTE.  VOTE 7/0. 

 

NEW BUSINESS

A.  CLAIMS:

      1.  Anastasia Kaufman

 

Referred to the Finance Sub-Committee

 

B.  RESOLUTIONS:

1.  R-20-100 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract agreement with D’AMBRA CONSTRUCTION CO., INC. on behalf of the Town of Cumberland for the 2020-2021 Town Wide Street Pavement Improvements Project in an amount Not-To-Exceed Two Million Four Hundred Thirty-Seven Thousand, Five Hundred Twenty-Seven and 75/100 Dollars ($2,437,527.75)

 

Solicitor Morris-Salvatore stated she understood there had been concerns about the bid award, regarding the bidders.

The price difference between the two lowest bidders, D’Ambra and Lynch, is $147.25. It had been questioned whether or not it was legally available to the Council to award the bid to the second lowest bidder, Lynch & Sons. In researching the matter, she had concluded that given the total amount the bids would be considered equal. The Town Charter states that in such circumstances, the award may be given to the local bidder from Cumberland.

 

Public hearing opened at 8:35pm

 

Discussion ensued with the Council.

 

Public Hearing closed at 8:37pm

 

MOTION BY COUNCILOR KINCH, SECONDED BY COUNCILOR SCHMITT, AND IT IS APPROVED TO AMEND THE RESOLUTION BY REPLACING “JH LYNCH” WHEREVER “D’AMBRA CONSTRUCTION” APPEARS, AND SUBSTITUTING THE AMOUNT OF $2,437,527.75 WITH $2,437,675.00.  ROLL CALL VOTE 6/1.

Councilor Gemski voted Nay.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY VOTED TO APPROVE R-20-100A AS AMENDED BY A ROLL CALL VOTE.  VOTE 7/0.

 

2.  R-20-103 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a consent agreement with the Rhode Island Department of Environmental Management

 

Water Superintendent Chris Champi explained the consent agreement with RIDEM for our set basin water and filter backwash water discharge returning into Sneech Pond. This is another approval process to get through until the new wells come online and the town doesn’t have to use the water treatment plant. This allows us to use the best treatment practices possible in the meantime.

 

Public hearing opened at 8:52pm

 

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

 

Public Hearing closed at 8:53pm

 

Some discussion ensued with the Council about time frames for the new wells, issues with brown and water, and potential future water needs in the town.

 

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

 

3.  R-20-104 – A resolution authorizing the payment of Four Thousand Dollars ($4,000.00) to Hilltop Securities for financial advisory services relating to the approved 2020 Eight Hundred Thirty-Two Thousand Dollars ($832,000.00) Master Lease

 

Mayor Mutter gave a brief overview of the resolution.

 

Public hearing opened at 9:01pm

 

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

 

The Council and Solicitor held a brief discussion.

 

Public Hearing closed at 9:04pm

 

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

 

4.  R-20-105 – A resolution authorizing the payment of Five Thousand Forty-Eight and 92/100 Dollars ($5,048.92) to Schechtman Halperin Savage, LLP for legal services relating to the approved 2020 Eight Hundred Thirty-Two Thousand Dollars ($832,000.00) Master Lease

 

Public hearing opened at 9:05pm

The Mayor explained this payment to the bond council for the activity associated with the master lease funding approved by the Council.

 

Public Hearing closed at 9:07pm

 

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

 

    ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE

1.   #20-24 – An ordinance authorizing a Handicap Parking Place at 5 Maple Street (Presented by the Council President on behalf of the Administration)

 

Referred to the Ordinance Sub-Committee

 

2.   #20-25 – An ordinance relating to purchasing

 

Referred to the Ordinance Sub-Committee

 

 

PUBLIC COMMENTS

 

President Dwyer paused at 9:08pm to allow public comments; hearing no one, public comments closed at 9:09p.m.

 

ADJOURNMENT

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:10P.M.  VOTE 7/0

 

 

 

____________________________________

Sandra M. Giovanelli, Town Clerk