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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, 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 21, 2021 AT 7:30 P.M.
VIRTUAL - OPEN SESSION
The regular meeting was called to order at 7:55pm 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; Town Planner Glenn Modica; Police Captain Ride
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Councilor Magill advised the Council and public that the Cumberland Parks & Recreation Commission is hosting a cleanup day from 9:00am to 1:00pm. this Saturday, April 24, 2021. Cleanup will be at Diamond Hill Park, Tucker Field, the Monastery and Valley Falls Heritage Park. Volunteers are welcome; extra help is particularly needed at the Monastery.
Councilor Shaw thanked the community for reaching out to him the evening before to show support about a family incident.
President Kinch stated that the budget hearings will be coming up beginning in May; as soon as the dates are set the Council will be advised.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Special Meeting of April 5, 2021, the Regular meeting of April 7, 2021, and the Special meeting of April 14, 2021.
B. COMMUNICATIONS
1. C-21-22 – a notice from DEM regarding Freshwater Wetlands Program application for Assessor’s Plat 37, Lot 186
2. C-21-23 – a resolution from the Town of Westerly in opposition to Rhode Island 2021 Gun Control legislation
3. C-21-24 – a resolution from the Town of Westerly opposing Senate bill S-0259 and House bill H-6067, “An Act relating to Aeronautics”
C. MUNICIPAL MOBILE FOOD ESTABLISHMENT
1. Bird’s Nest
2. Twisted Tea
4. Kona Ice
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
PUBLIC COMMENTS
President Kinch paused for public comments. There were none.
LICENSES
A. VICTUALLING HOUSE LICENSE
1. An application for a fourth-class victualling house license from US Energy Inc. located at 290 Broad Street (tabled from March 17, 2021)
President Kinch noted that the fire inspection was scheduled for the next day, April 22, 2021.
Owner Edgard Fayed was present for questions.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO APPROVAL FROM DEPARTMENT OF HEALTH, FIRE AND RECEIPT OF PERMIT TO MAKE SALES AT RETAIL, BY A ROLL CALL. VOTE 7/0.
B. HOLIDAY SALES LICENSE
1. An application for a holiday sales license from US Energy Inc. located at 290 Broad Street (tabled from March 17, 2021)
MOTION BY COUNCILOR SCHMITT, SECONDED BY MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO APPROVAL FROM DEPARTMENT OF HEALTH, FIRE AND RECEIPT OF PERMIT TO MAKE SALES AT RETAIL, BY A ROLL CALL. VOTE 7/0.
2. An application for a holiday sales license from Shine Bright LLC located at 3753 Mendon Road
Applicant Bianca Rossi was present to describe her business of children’s events and crafts for ages 5 to 12 years old. She plans to open in June.
President Kinch announced for the record that the address had been noted incorrectly on the agenda as 3755 Mendon Road.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING FIRE APPROVAL AND RECEIPT OF PERMIT TO MAKE SALES AT RETAIL, BY A ROLL CALL. VOTE 7/0.
3. An application for a holiday sales license from T-Mobile Northeast LLC located at 1800 Mendon Road
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, PENDING RECEIPT OF PERMIT TO MAKE SALES AT RETAIL AND APPROVAL FROM FIRE AND BUILDING, BY A ROLL CALL. VOTE 7/0.
C. ENTERTAINMENT LICENSE
1. An application from Arnold Mills Parade Association for the Arnold Mills Fourth of July Parade and Road Race to be held July 5, 2021 from 8:00am to 1:00pm
Everything was in order for this license. EMS requires a detail be present, as for previous events.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
2. An application from Davenport’s Family Restaurant, Inc. located at 1070 Mendon Road
Everything was in order for this license.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
D. SECOND HAND DEALERS LICENSE
1. Centennial Leasing & Operating Co., LLC d/b/a Centennial Auto
2. Auto Parts Group Southwest, LLC, d/b/a Pick-n-Pull
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
President Kinch reported that in the Executive Session meeting held earlier this evening, the following vote was taken:
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE NOT EXERCISING THE TOWN’S RIGHT OF FIRST REFUSAL FOR PROPERTY LOCATED AT 75 WEST WRENTHAM ROAD IN THE AMOUNT NOT LESS THAN $450,000; BY A ROLL CALL. VOTE 7/0.
Mayor Mutter introduced auditor Mary Sahady to give an overview of the report. Councilor Schmitt asked for the management letter that typically tells us whether the town is doing well or poorly. Ms. Sahady will provide that no later than June 30, 2021, commenting that reports have been delayed for any community that has received CARES Act money.
C. Update on the Council Chambers Upgrades
The Mayor stated that they were restructuring the chambers in anticipation of providing appropriate social distancing space when meetings begin to be held in person again and referenced the layout at the new Public Safety Complex as a guide. Improving acoustics in the chambers will also be addressed. The Administration will keep the Council updated as work progresses.
D. Revenues and Expenditures Year to Date
The Mayor and new Finance Director Gene Ferrari will be presenting this reporting at the next meeting. A brief discussion ensued with the Council.
E. Check registers for February 1, 2021 to March 31, 2021
Councilor Bradley inquired about an item for Diggers Landscaping at Fishers Road, Ski Valley; Mayor Mutter responded that the town had not known they were responsible for an old easement on this property. Councilor Beaulieu directed everyone to the Water Department quarterly report included in their packet for this meeting, which gave an overview of this incident. The Administration will do some historical research on this property.
F. A request from the Tax Assessor to review and approve March 2021 abatements and supplemental bills
President Kinch read the individual totals:
TOTAL 2017/2018 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $76.07.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
G. Request for approval of disposition of Town-acquired tax sale property, i.e., 88 Weeks Street.
Solicitor Morris-Salvatore explained that in May 2019 an ordinance was amended to ensure that the disposition of tax sale-owned property would be approved by the Town Council. This may be the first time a sale has been brought before the Council since that amendment. A company related to the property owner at 88 Weeks Street is redeeming the property by paying the back taxes, which is allowable by ordinance but needs Council approval. The tax assessor and Mayor have approved this redemption.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
F. Monthly Department Reports
3. Library
G. Quarterly Department Reports
2. Public Works
3. Human Resources
5. Office of Children, Youth, and Learning
No vote was required for any reports. Councilor Beaulieu expressed appreciation.
OLD BUSINESS
A. ORDINANCE – PUBLIC HEARING:
1. #21-10 – An ordinance relating to Municipal Mobile Food Establishment Permits (Presented by Council President on behalf of the Administration)
Public hearing opened at 9:31pm.
Councilor Schmitt reported that the Ordinance Sub-Committee had met on Monday, April 12, 2021 and voted 3-0 to move this to the full Council with approval. The purpose of this ordinance was to move by eleven months the implementation of the bidding process for food trucks on town-owned property, while they seek a better solution.
Public hearing closed at 9:33pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1
Nay: Councilor Bradley
NEW BUSINESS
A. RESOLUTIONS
1. R-21-26 – A resolution authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase five (5) Raptor RP-1, Dual K-Band Antenna, Directional Mode Moving Radars from Kustom Signals in an amount not to exceed Seven Thousand One Hundred Sixty-Five Dollars ($7,165.00)
Police Captain Ride asked for Council approval for these moving radar units to be put on frontline vehicles. The police department recently received a grant from NHTSA (National Highway Transportation Safety Administration) in the amount of $7165.00, which is 100% funded through the grant.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
2. R-21-27 – A resolution authorizing and empowering Mayor Jeffrey Mutter to enter into a contract with Nationwide Construction in an amount not to exceed four-hundred sixty-one thousand five-hundred thirty-five dollars ($461,535.00)
Mayor Mutter stated that this expense for roof replacement is funded through CBDG grants. Town Planner Glenn Modica and Outreach Coordinator Sarah King gave a brief presentation showing all the improvements at the senior center facility. Senior Center Director Mike Crawley added that everything has gone according to plan.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
3. R-21-28 – A resolution authorizing the Town, acting through the Mayor, to finance the purchase of a street Sweeper for the Cumberland Highway Department through a lease purchase agreement.
Mayor Mutter said this is the same purchase as shown at a previous meeting. The Bond Council has to issue an opinion in order for this master lease to be activated, and they require specific language which was drafted for this resolution.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR SCHMITT, SECONDED BY BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:54P.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.