MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

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

VIRTUAL - OPEN SESSION

 

 

The regular meeting was called to order at 7:30pm.

 

MEMBERS PRESENT:

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

 

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;  Parks and Recreation Director Michael Crawley; Public Works Director Robert Anderson; School Superintendent Robert Mitchell; School Committee Chair Paul DiModica; Officer Bannister;  Conservation Commission member Joe Luca; Planning Board member Christopher Butler  

MEMBERS ABSENT:

Councilor Schmitt

 

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 Clerk base by clicking on the link on the town 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

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special and Regular Meetings of September 2, 2020.

 

B.  COMMUNICATIONS

1.  C-20-41 – A resolution from the Town of Warren relating to State Assistance during the COVID-19 Emergency

 

C. APPROVED PERMITS FOR TEMPORARY OUTDOOR SEATING

     1.   Joe’s Bar, 10 Jones Street

 

D.  MUNICIPAL MOBILE FOOD ESTABLISHMENT PERMIT:

 

1.  An application for a Municipal Mobile Food Establishment permit from Cloutier & Reis Flip N Roll, LLC d/b/a Flip N Roll, LLC

 

2.  An application for a Municipal Mobile Food Establishment permit from The Ish

 

3.  An application for a Municipal Mobile Food Establishment permit from Binge BBQ

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 6/0.

 

PUBLIC COMMENTS

President Dwyer paused at 7:34pm and resumed at 7:35pm to allow for any callers or emails.

 

Joe Luca, 52 Staples Road, chairman of the Cumberland Conservation Committee, let it be known he was in attendance and wished to speak to an ordinance on the agenda when it came up.

 

President Dwyer commented that Ordinance 20-22, Recreational Fire Pits and Ordinance 20-23, restricting traffic on Sun Valley Drive would be tabled, so that anyone attending the meeting specifically to comment on those could leave the meeting if they chose.

 

LICENSES

A.  ENTERTAINMENT LICENSE:

1.   A special event entertainment license from Director of Parks and Recreation Michael Crawley for Food Truck/Concert Nights to be held at Diamond Hill Park on October 3, 2020.

 

Public hearing opened at 7:38pm

 

Parks and Recreation Director Michael Crawley reviewed his application.

 

Solicitor Morris-Salvatore verified this application was in order; and spoke to the permission to serve alcohol on Sate property.

 

Councilor Gemski added that she had attended the previous food truck event and noted that everyone attending had adhered to the social distancing and mask regulations.

 

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

 

Public hearing closed at 7:40pm

 

MOTION BY COUNCILOR GEMSKI, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 6/0.

 

    C.  VICTUALLING HOUSE LICENSE:

1.  An application for a second-class victualling house license from Blackstone Herbs & Coffee Bar located at 3 Dexter Street

 

Eddy Sandoval, 439 Broad Street, was present via Zoom to describe the business and answer questions.

 

Town Clerk Sandra Giovanelli listed pending documents that needed to be received.

 

Public hearing opened at 7:44pm.

 

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

 

Public hearing closed at 7:45pm.

 

Councilor Gemski added that there isn’t anything like that in District 1 and wished the applicant good luck.

 

MOTION BY COUNCILOR GEMSKI, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PERMIT TO MAKE SALES, COPY OF MENU, APPROVAL FROM THE DEPARTMENT OF HEALTH AND THE FIRE DEPARTMENT BY A ROLL CALL VOTE.  VOTE 6/0.

 

REPORTS/COMMUNICATIONS

A.  Monthly/Quarterly Financial Report ending August 31, 2020.

      Budget to Actual

 

B.  Check registers for August 1 through August 31, 2020.

Finance Director Ray Chauvin outlined details of his report and the check registers.

 

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

 

President Dwyer read the individual totals:

 

TOTAL 2020 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $165.34.

 

TOTAL 2020 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $6,740.31. 

 

TOTAL 2020 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $3,683.15. 

 

THE TOTAL 2020 TANGIBLE ABATEMENTS IN THE AMOUNT OF $14.32. 

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 6/0.   

 

D.  Traffic Calming Update

 

Outreach coordinator Sarah King and Officer Bannister provided a Powerpoint presentation to illustrate the project progress and a May – August update on the data driven analysis of eight (8) streets. Additional before and after data will be provided by November 5. Ms. King and Officer Bannister highlighted specifics on all elements of the project.

 

Discussion ensued with the Council.

 

DPW Director Bob Anderson spoke to his dealings with the state traffic commission (RIDOT) and asked how they arrived at their criteria.

 

Local business owner Ted Vecchio, 97 Cottage Street, Pawtucket verified that the Powerpoint presentation would be available on Clerkbase at some point.

 

E.   School Bond Building Committee Update – Mayor Mutter

 

Mayor Mutter stated that the building committee had met the previous evening, September 15, 2020 and had signed the paperwork for the $33,000,000.00 bond anticipation note. The next meeting will be held October 19, 2020.

 

School superintendent Mitchell and School Committee chair Paul DiModica gave a detailed update on the repair and installation of ventilation units in the schools.

 

Mayor Mutter spoke to public pressure, asking how we get these rooms ready so that we can as many students in front of teachers asap. And agreed with Superintendent Mitchell that increased transparency between the town and schools was paramount.

 

Councilors Gemski and Beaulieu questioned how the HVAC maintenance will be handled in the future and how other districts are handling the situation.  

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #20-05 – An ordinance amending the Zoning Ordinance relative to landscaping requirements

 

It was verified that this ordinance had been readvertised.

 

President Dwyer stated that Councilor Schmitt had made him aware that the Ordinance Sub Committee reviewed this ordinance and was recommending passage 3-0 to the Council.

 

Planning Director Jonathan Stevens stated this was introduced early February pre-COVID; it has since been reviewed further and the Planning Board had voted to endorse it unanimously. The purpose of the amendments are to close loopholes which relate to preserving the natural and cultural landscape; having landscaping serve as a unifying element, using native species plants, planting design, preserving mature trees, walls and fencing, etc.

 

Mr. Stevens brought one incomplete sentence on lines 59 and 60, and recommended striking the line entirely.

 

Public hearing opened at 8:48pm.

 

Conservation Commission Chair Joe Luca relayed the Commission’s support for the amendments.

 

Planning Board member Christopher Butler, 16 Norman Street, stated that as Planning Board members, applications for proposed sub-divisions in heavily wooded areas raised red flags re: land clearing, utilities, etc. Have worked to limit land clearing. The changes in language from “should” to “shall” help to ensure will help the PB to protect and enhance the character of the town. Asked for passage. Thanked Mr. Stevens and Ms. Morris-Salvatore for their assistance.

 

Solicitor Morris-Salvatore stated that there was already an “A” version and this should be 20-05B

 

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

 

Public hearing closed at 8:58pm.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 59 AND 60 BY STRIKING OUT, “EXISTING VEGETATION” AND RENUMBER THE ORDINANCE 20-05B BY A ROLL CALL VOTE.   VOTE 6/0.  

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE.  VOTE 6/0.

 

2.  #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)

 

The Ordinance Sub Committee had recommended full passage 3-0.

 

Public hearing opened at 8:59pm.

 

Councilor Beaulieu explained that due to the pandemic, the administration allows the extension of paid time off through the end of the calendar year.

 

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

Public hearing closed at 9:02pm.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW & KINCH, AND IT IS VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 5/1.

Councilor Bradley voter nay.   

 

3.  #20-21 – An ordinance authorizing a “No Parking” zone on Sumner Brown Road (Presented by Councilor Schmitt)

 

Solicitor Morris-Salvatore stated that an amendment had been made to add a pole number, and passage was recommended by the Ordinance Sub-Committee.

Public hearing opened at 9:04pm.

 

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

 

Public hearing closed at 9:05pm.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #20-21A IN PLACE OF #20-21 BY A ROLL CALL VOTE.  VOTE 6/0.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE 20-21A AS AMENDED BY A ROLL CALL VOTE.  VOTE 6/0.

 

 

4.  #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)

 

The Ordinance Sub-Committee had requested tabling this to the first meeting in October.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 7, 2020 BY A ROLL CALL VOTE.  VOTE 6/0.  

 

5.  #20-23 – An ordinance restricting traffic on Sun Valley Drive (presented by the Council President on behalf of the Administration)

 

The Ordinance Sub-Committee had requested tabling this to the second meeting in October.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 21, 2020 BY A ROLL CALL VOTE.  VOTE 6/0.

 

6.   #20-24 – An ordinance authorizing a Handicap Parking Place at 5 Maple Street (Presented by the Council President on behalf of the Administration)

 

The Ordinance Sub-Committee had recommended passage 3-0

 

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 BEAULIEU, SECONDED BY COUNCILOR GEMSKI, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 6/0.

 

 

7.   #20-25 – An ordinance relating to purchasing (Presented by the Council President on behalf of the Administration)

 

The Ordinance Sub-Committee had recommended passage 2-0, with Councilor Schmitt abstaining.

 

Solicitor Morris-Salvatore explained the progression of this ordinance; regarding spending newspaper advertising dollars as opposed to posting to professional websites. The RI general laws do not require newspaper advertising.

 

Finance Director Chauvin explained the rationale for eliminating newspaper advertising for purchasing only.

 

Public hearing opened at 9:24pm

 

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

 

Public hearing closed at 9:25pm

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #20-25A IN PLACE OF #20-25 BY A ROLL CALL VOTE.  VOTE 6/0.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE.  VOTE 6/0. 

 

NEW BUSINESS

A.  CLAIMS:

  1.  Steven Barboza   

Referred to the Solicitor’s Office

 

B.  RESOLUTIONS:  

1.  R-20-106 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract agreement with Mill City Construction, Inc. on behalf of the Town of Cumberland for the Epheta Park Construction project in an amount not-to-exceed one hundred thirty-five thousand, eight-hundred ninety-six, and 00/100 dollars ($135,896.00)

 

Public hearing opened at 9:27pm

 

DPW Director Bob Anderson stated this project was initiated by the Planning Board and he administered the bidding process. Mr. Anderson spoke to the various elements of the bids and how he arrived at selecting Mill City as a reputable contractor and successful bidder.

 

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

 

Public hearing closed at 9:30pm

 

Councilor Shaw thanked everyone for helping to bring this project come to this point.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE.  VOTE 6/0.

 

C.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE

1.  #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

 

Referred to Ordinance Sub-Committee and Planning Board for recommendation.

 

2.  #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 Industrial-1 (I-1) to Commercial-1 (C-1)

 

Referred to Ordinance Sub-Committee and Planning Board for recommendation.

 

3.  #20-28 – An Ordinance Amending Appendix C of the Code of Ordinances entitled “Schedule of Fees and Charges

 

Referred to the Ordinance Sub-Committee.

 

PUBLIC COMMENTS

President Dwyer paused at 9:34pm to allow members of the public to comments on any topic and resumed at 9:36pm.

 

Ted Vecchio, 97 Cottage Street, Pawtucket, asked how he could ask for a resolution to be written to get assistance with ventilation, citing a recent resolution from the Town of Coventry.

 

ADJOURNMENT

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:36P.M.  VOTE 6/0. 

 

 

 

____________________________________

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.