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| Michael L. Kinch, At-Large | |
| Council President | |
| James K. Metivier, District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council President, Pro Tem |
| Timothy C. Magill Jr., District 2 | Robert G. Shaw, Jr., District 5 |
| Council Member | Council Member |
| Lisa A. Beaulieu, District 3 | Peter J. Bradley, At-Large |
| Council Member | Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, APRIL 7, 2021 AT 7:30 P.M.
VIRTUAL - OPEN SESSION
The regular meeting was called to order at 7:34pm with a roll call of members.
MEMBERS PRESENT:
President Kinch, Councilors Bradley, Metivier, Shaw, Magill, Beaulieu and Schmitt.
Also present— Mayor Jeffrey Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Parks & Recreation Director Mike Crawley; Chief of Police John Desmarais
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Councilor Shaw gave an update on the work in progress at Epheta Park and stated that he is working with Cumberland Hill Elementary School to hold a student contest to rename the park.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular Meetings of March 17, 2021, and the Special Meeting of March 29, 2021.
B. COMMUNICATIONS
1. C-21-16 – A resolution from the Town of Portsmouth requests the General Assembly to pass the Act on Climate Bills
2. C-21-17 – A resolution from the Town of Portsmouth request the General Assembly pass 2021 – H 5113
3. C-21-18 – A resolution from the Town of Portsmouth request the General Assembly amend Title 44, Chapter 5 of the Rhode Island General Laws regarding Municipal Taxation of Real Estate
4. C-21-19 – A resolution from the Town of Barrington to pass the Act on Climate Bills in the RI General Assembly (H5445 and S0078)
5. C-21-20 – A resolution from the Town of Barrington to prevent discrimination against lawful sources of income (H5257 and S0221)
6. C-21-21 – A resolution from the Town of Lincoln in opposition to Rhode Island 2021gun control legislation
C. MUNICIPAL MOBILE FOOD ESTABLISHMENT
3. Palagis
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
PUBLIC COMMENTS
President Kinch paused for public comments.
LICENSES
A. ENTERTAINMENT LICENSE
1. An application for a Special Event Entertainment License from 13th World for Haunted Trails at Diamond Hill Park to be held Friday through Sunday starting October 1, 2021 through October 31, 2021 (tabled from December 2, 2020)
Pending approvals from police, EMS, Fire, insurance certificate and promoter’s permit.
Councilor Magill reported that the Finance Sub Committee had heard this matter at their March 15, 2021 meeting and voted to move it to the full Council agenda for review. Solicitor Morris-Salvatore added that the Parks and Recreation Commission also reviewed and approved this relevant to the license agreements she prepared.
Applicant Richard Vaillant was present and stated that he understood all the approvals needed.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO APPROVALS, BY A ROLL CALL. VOTE 7/0.
2. An application for a Special Event Entertainment License from McCoy Fit Challenge Ultra Trail Race on October 23, 2021 thru October 24, 2021 at the Monastery
Pending approvals from EMS, insurance certificate and promoter’s permit.
Applicant Robert McCoy was present and spoke to this event, a duplicate of the one held the previous October.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS MAGILL & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
B. HOLIDAY LICENSE
1. An application for a Holiday License from Mendon Smokeshop, Inc. d/b/a Game of Smoke located at 1726 Mendon Rd.
Pending approval from the Fire Department and Permit to make Sales at Retail.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
C. SECOND HAND DEALERS LICENSE
1. Valley Motor Sales, 198 Broad Street
2. AChase Recycling, 79 Garden Street
3. LKQ Northeast Inc., d/b/a LKQ Advanced Auto, 290 Curran Road
These licenses are being renewed under the new license type created by Ordinance #20-30, previously known as junk cars and used auto parts licenses.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none to report.
B. Update on Diamond Hill Park
Mayor Mutter stated that after a study exploring refurbishment and new uses for the old ski lodge they are considering demolishing the old lodge and asked for input from the Council. The Mayor would establish a building committee for any process involving demolition, moving the existing building, or building a new structure.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #21-01 – An ordinance relating to accessory family dwelling units (Presented by the Council President on behalf of the Administration) (Tabled from March 17, 2021)
Public hearing opened at 7:58pm
Councilor Schmitt reported that this item had been heard and approved on a vote of 3-0 by the Ordinance Sub-Committee on March 23, 2021. This ordinance brings the town code into compliance with state law and allows for an accessory family dwelling unit to be on an otherwise single, or any other, zoned property, to allow for the care of a family member aged 62 or above. Of note is that existing structures can be utilized as an accessory family dwelling unit, and where a unit is not already on site, one could be constructed if otherwise allowed for with regard to setbacks, etc.
Sebastian Foppema from Cook Road stated he was interested in an accessory dwelling for a family member and questioned the Council for details on the ordinance.
A brief discussion ensued with the Council.
Public hearing closed at 8:03pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
2. #21-04 – An ordinance amending the employee handbook relating to severance (Presented by Council President on behalf of the Administration) (tabled from March 17, 2021)
The OSC had heard this at their March 23, 2021 and voted favorably for passage, 2-1, subject to the Mayor providing reporting at the immediate next Council meeting; with Councilor Metivier being the dissenting vote, The ordinance provides clarifying language regarding severance.
Public hearing opened at 8:03pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO AMEND LINE 68 TO READ “ALL SEVERANCE PAYMENTS MUST BE APPROVED BY THE MAYOR AND REPORTED TO THE COUNCIL AT THE COUNCIL’S NEXT MEETING” AND REPLACE 21-04 WITH
21-04A, BY A ROLL CALL. VOTE 5/2.
Nay: Councilors Metivier and Bradley
Mayor Mutter clarified that if an employee leaves of their own accord they are not entitled to severance. There is no change to the town’s initial stance, the language is just clarified. Discussion ensued with the Council.
Public hearing closed at 8:10pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE 21-04A, BY A ROLL CALL. VOTE 4/3.
Nay: Councilors Magill, Metivier and Bradley
3. #21-05 – An ordinance amending the Zoning Ordinance and Zoning Map related to Assessor’s Plat 52, Lot 343, located at 48 West Wrentham Road
This had been heard and approved by the Ordinance Sub Committee on March 23, 2021 by a 2-1 vote, with Councilor Schmitt being the nay vote. Councilor Schmitt gave background on the property, prior establishments and zone changes.
Councilor Kinch read a letter of objection into the record from Mr. Angell from 3 West Wrentham Road dated 3/26/2021.
Public hearing opened at 8:30pm.
Abutters Michael Plasse and Mark Reed spoke to their disapproval of this zone change based on the past history, referencing quotes included in online audios from past meetings.
Residents, but not abutters, Alaina Charette and Allison (no last name given) spoke in support of the zone change.
Mr. Plasse asked the solicitor whether a liquor license is appropriate for the owner of Chucky’s.
Charles Moreau, owner of the business in question commented that several abutters were in approval, and he had a petition in favor signed by several business owners in town.
Councilor Schmitt asked if the property owner was in attendance? He is the person asking for the zone change. Mr. Schmitt gave further history and spoke of promises made that were now being asked to be changed.
Business owner Ted Vecchio asked if there a probationary level that could be offered?
Solicitor Morris Salvatore stated that the Planning Board had provided a recommendation limiting the zone change. She read: “at the March 2, 2021 meeting the Planning Board voted 8-0 to submit a favorable recommendation of the proposed zoning ordinance amendment with the following conditions: limit the current operating hours of 6am to 10 pm such as from noon to 9pm; prohibit alcohol consumption on the existing outdoor patio by limiting all alcohol sales and consumption to the interior of the building itself; and to encourage a family friendly atmosphere, alcohol sales should exclude liquor and spirits but can include beer, wine and other popular beverages such as hard cider, mead and hard seltzer.”
Councilor Schmitt asked how any enforcement would work?
Councilor Shaw spoke to the Council’s authority and is in favor of the zoning change.
Public hearing closed at 8:59pm.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE WITH THE RESTRICTIONS THAT LIQUOR CAN ONLY BE SERVED BETWEEN NOON AND 9PM; ALCOHOL SALES SHOULD EXCLUDE LIQUOR AND SPIRITS BUT CAN INCLUDE BEER, WINE AND OTHER POPULAR BEVERAGES SUCH AS HARD CIDER, MEAD AND HARD SELTZER; THE BUSINESS MUST BE CLOSED BY 10:00PM; AND ONLY A RESTRICTED BNT LICENSE IS ALLOWED TO BE APPLIED FOR; BY A ROLL CALL. VOTE 4/3.
Nay: Councilors Schmitt, Magill, and Bradley
4. #21-06 – An ordinance amending the Code of Ordinances relative to Streets and Sidewalks (Presented by Council President on behalf of the Administration (tabled from March 17, 2021)
Councilor Schmitt stated that the Ordinance Sub-Committee had heard and recommended passage for this ordinance as well as for the next ordinance #21-07, on a vote of 3/0.
Public hearing opened at 9:09pm
Public hearing closed at 9:09pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
5. #21-07 – An ordinance amending the Code of Ordinances relative to holding pond development standards. (Presented by the Council President on behalf of the Administration (tabled from March 17, 2021)
The Ordinance Sub-Committee had heard and recommended passage on March 23, 2021 on a vote of 3/0.
Public hearing opened at 9:11pm
Councilor Bradley confirmed with solicitor Morris-Salvatore that developments already under way would be grandfathered under the prior ordinance.
Public hearing closed at 9:12pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
6. #21-08 – An ordinance amending the salaries of the Executive Staff and Other Positions (Presented by the Council President on behalf of the Administration) (tabled from March 17, 2021)
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 21, 2021, BY A ROLL CALL. VOTE 7/0.
7. #21-09 – An ordinance amending the General Fund Budget for fiscal year 2020-2021
Public hearing opened at 9:17pm.
Mayor Mutter gave a brief synopsis of the budget.
President Kinch read the totals into the record.
Public hearing will be continued on April 14, 2021.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 14, 2021, BY A ROLL CALL. VOTE 7/0.
B. RESOLUTIONS
1. R-21-10 – A resolution establishing designated areas on Town-Owned property for Mobile Food Establishment locations (tabled from March 17, 2021)
Councilor Schmitt stated that on March 23, 2021 the Ordinance Sub Committee reviewed this resolution. Mr. Schmitt stated that ordinance #20-16, encompassing MFEs, had a portion which authorized the Council to lease out popular parts of town property to the highest bidder, which was embodied in this resolution. The Ordinance Sub Committee voted 3-0 to take no action tonight and to ask the solicitor to draft a new ordinance which would delay implementation of this resolution by one year while the Committee works on a more equitable solution for all parties concerned. Councilor Shaw has volunteered to spearhead an issue which complies with the spirit of the ordinance but is not as punitive to certain groups which might otherwise have been left out.
NEW BUSINESS
A. APPOINTMENTS
FINANCE DEPARTMENT
1. Gene Ferrari
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
HUMAN RESOURCE
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
SENIOR CENTER RENOVATIONS BUILDING COMMITTEE
This is a Mayoral appointment and was no vote was necessary.
PENSION BOARD
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
B. RESOLUTIONS
1. R-21-17 – A resolution authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase two (2) 2021 Chevy Malibu LS vehicles not to exceed Thirty-Seven Thousand, Two Dollars ($37,002.00)
Police Chief Desmarais gave an overview of this resolution.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
2. R-21-18 – A resolution authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase ten (10) Class II, X26P Tasers from Axon Enterprise, Inc. in an amount not to exceed Fifteen Thousand, Two Hundred Forty-Six and 00/100 Dollars ($15,246.60)
Chief Desmarais responded to questions from the Council on the tasers.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
3. R-21-19 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Whipps Inc. for the design, fabrication, and furnishing of aluminum stop logs and miscellaneous metals and hardware in an amount not to exceed Thirty-One Thousand Eight Hundred Dollars ($31,800.00)
Mayor Mutter stated that this was for maintaining the water level in the DEM-permitted work at the Diamond Hill Park reflection pond.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SCHMITT, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
4. R-21-20 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a three-year contract with Atlantic Golf and Turf for an amount not to exceed One Hundred and Eighty-Five Thousand Three Hundred and Eighty-Six Dollars and Thirty-Two Cents ($185,386.32) cents ($61,795.44)
Mayor Mutter and Parks and Recreation Director Mike Crawley spoke to this resolution. This was put out as a three-year contract, bids were reviewed by a five person panel. The funding source was discussed.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
5. R-21-21 – A resolution recognizing April 2021 as National Arab American Heritage month in the Town of Cumberland
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
6. R-21-22 – Authorizing Mayor Jeffrey J. Mutter to purchase two (2) digital radios and accessories from Cyber Communications, Inc., in an amount not to exceed Eleven Thousand, Two Hundred One and 90/100 Dollars ($11,201.90)
These radios are for use by the Highway Department.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
7. R-21-23 – A resolution adopting unsynchronized tax levy for portions of Fiscal Year 2021 and Fiscal Year 2022
Mayor Mutter asked to forward this to the Finance Sub-Committee for their April 12, 2021 meeting and table to the special Council meeting on April 14, 2021.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 14, 2021, BY A ROLL CALL. VOTE 7/0.
8. R-21-24 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Stillwater Construction Inc. for the Design, Fabrication, and Furnishing of Metal Railings for Diamond Hill Park in an amount not to exceed Sixty-Four Thousand Dollars ($64,000)
Mayor Mutter stated that this is also for the reflecting pond at Diamond Hill and confirmed that within the DEM permit there is a maintenance requirement.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
9. R-21-25 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Read Custom Soils in an amount not to exceed Twenty-Five Thousand Dollars ($25,000)
Mike Crawley gave an overview of the product and asked for Council approval.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
C. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #21-10 – An ordinance relating to Municipal Mobile Food Establishment Permits (Presented by Council President on behalf of the Administration)
Referred to the Ordinance Sub-Committee
PUBLIC COMMENTS
Ted Vecchio, 584 Bound Road, asked if the ski lodge at Diamond Hill could be moved rather than demolished?
In response, Mayor Mutter stated that they were evaluating the underground septic and gas lines and the potential for a timber frame gathering space and a space for events. The old building could possibly be moved closer to the road, but not into the park.
ADJOURNMENT
MOTION BY COUNCILOR SCHMITT, SECONDED BY MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:12P.M. BY A ROLL CALL. 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.