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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, JULY 21, 2021 AT 7:30 P.M.
VIRTUAL - OPEN SESSION
The regular meeting was called to order at 8:58pm with a roll call of members.
MEMBERS PRESENT:
President Kinch, Councilors Bradley, Metivier, Shaw, Magill, Beaulieu and Schmitt.
Also present—Chief of Staff Sara Brelsford; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Town Solicitor Kelley Morris Salvatore advised the Council that the Governor’s executive order is still in effect requiring alternate virtual access for public meetings. This order expires Friday, July 23, 2021, unless the Governor extends it. We can still provide alternative access to the public or staff, but the Council members will all be required to attend in person.
Chief of Staff Sara Brelsford and Outreach Coordinator Sarah King gave an update on finishing touches for the Council chambers and asked the Council to review color choices.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of June 16, 2021
B. COMMUNICATIONS
1. C-21-44 – A resolution from the Town of Burrillville & the Burrillville School Committee requesting the removal of mask mandate for school children.
2. C-21-45 – DEM Notice of Insignificant Alteration Permit regarding Assessor’s Plat 52, Lot 7
3. C-21-46 – A resolution from the Town of East Greenwich observing the month of June as Pride Month
Councilor Beaulieu asked to remove communication C-21-45 for discussion; and requested a summary of the intent of the permit from Solicitor Morris-Salvatore. The Solicitor suggesting asking DPW director Bob Anderson. The permit has been issued.
C. MUNICIPAL MOBILE FOOD ESTABLISHMENT
2. Lotus Pepper
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.
Attending via Zoom, Sharon Clapprood, 17 Canning Street, an abutting property of the proposed property on 45 Canning Street where the approval process is going through for a single-family home approved by DEM, expressed her objections. Flooding has been an extreme problem and this property has served as an important solution for the flooding issues on Canning Street. The first two requests for permits were denied; the storm of 2010 left houses with water coming into their front doors. She is concerned that the building of a home on this lot will make more of a flooding threat to the existing homes.
President Kinch advised all the Zoom participants who wished to speak on this issue that the Council could hear their comments but were unable to comment in return as this item was not on the agenda for discussion at this meeting.
Bill Spear, 70 Canning Street, stated he lives across the street from the proposed building site. This has come up before, letters have been written to DEM. Previous flooding caused him to have to completely replace his kitchen. They have been told that should flooding occur again, their insurance would not cover them. Without the runoff to the now empty lot, the flooding would be worse. Rare spotted turtles also live on the lot; this could cause a larger environmental issue.
Amy Brayton, 9 Sprague Street, has not had a flooding issues in her home yet, but is concerned that flooding will occur if this building goes forward.
Michelle Burgoyne, 55 Canning Street, reiterated what has been already said. She is an abutter to the property in question and owns another lot behind it. She is concerned that her property will take on water once this construction is completed.
Council President Kinch read an email into the record from Tiffany Pendleton, 69 Canning Street, expressing concern that her property is already wet and will be further affected by flooding if the lot in question is altered. She included a current photograph of the back portion of her property showing standing water.
President Kinch asked to move item #7, Reports & Communications, to be heard next:
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary. President Kinch announced that in the earlier Executive Session there was a motion made by Councilor Beaulieu and seconded by Councilor Magill, to engage solicitor Marisa Desautel to do all things necessary, including filing a court action, to protect the town’s interest in the matter relating to 45 Canning Street relative to wetlands permits issued by RIDEM. Motion approved 7-0.
LICENSES
A. VICTUALLING HOUSE LICENSE
1. An application for a first-class victualling house license from Nellie’s Lounge LLC d/b/a Nellie’s Lounge, located at 433 Broad Street
Pending TIPS certification, Insurance certificate, BCI, Final Inspection by Fire and Building Officials, tentative menu and approval from DOH
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 18, 2021, BY A ROLL CALL.
VOTE 7/0.
2. An application for a third-class victualling house license from Sassy Mama Cuisine located at 132 Mendon Road, Unit 1
President Kinch noted that there was a correction to the address to read: 132 Mendon Road. (clerk’s note: agenda and minutes have been changed to reflect the correction)
Pending permit to make sales at retail and tentative menu.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
B. ENTERTAINMENT LICENSE
1. An application for a special event entertainment license from Maia V. Mata for a Sweet 15th Birthday Party on being held at the Monastery (tabled from June 16, 2021)
This application had been withdrawn.
2. An application for an entertainment license from Nellie’s Lounge LLC d/b/a Nellies Lounge, located at 433 Broad Street
Pending TIPS certification, Insurance certificate, BCI, Final Inspection by Fire and Building Officials, tentative menu and approval from DOH
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 18, 2021, BY A ROLL CALL. VOTE 7/0.
3. An application for a special event entertainment license from Marc Valois, Creeps Car Club LLC for Creeps Car Show being held at Diamond Hill Park on September 4, 2021 from 8:00am to 5:00pm
Marc Valois was present to speak to his application.
Pending insurance and fire inspection.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
4. An application for a special event entertainment license from Christopher Nichols, for “One Hit Wonder” cycle event being held at Diamond Hill Park on August 14, 2021 from 9:00am to 3:45pm with a rain date of August 15, 2021
This application had been withdrawn.
C. JUNK AND SECONDHAND GOODS DEALER
1. An application for a junk and secondhand goods dealer from Moulton Enterprises Inc., d/b/a Dead Jeep located at 120 Ralco Way (tabled from June 16, 2021)
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 18, 2021, BY A ROLL CALL. VOTE 7/0.
D. HOLIDAY LICENSE
1. An application for a holiday license from SROA 95 Industrial RI LLC d/b/a Storage Rentals of America located at 95 Industrial Road
Everything was in order for this license.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
REPORTS/COMMUNICATIONS (continued)
A. Report of Executive Session vote(s), as may be necessary. (heard earlier)
B. A request from the Tax Assessor to review and approve May 2021 abatements and supplemental bills
President Kinch read the individual totals:
TOTAL 2020/2021 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $1,363.80.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
TOTAL 2021 MOTOR VEHICLE SUPPLEMENTALS IN THE AMOUNT OF $133.41.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
TOTAL 2021 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $7,719.45.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
C. Department Reports
1. Animal Control
3. Library
7. School Department
No vote was required.
D. Quarterly Department Reports
2. Public Works
4. Office of Children, Youth, and Learning
No vote was required.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #21-14 – An ordinance codifying the placement of stop signs at various intersections throughout the Town of Cumberland (Presented by Council President on behalf of the Administration-tabled from June 16, 2021)
Public hearing opened at 9:36pm.
Councilor Schmitt gave the reasoning behind the ordinance and stated that the Ordinance Sub-Committee had some recommendations to make; he asked that the corrections be made and to table the ordinance to August 18, 2021. The recommendations are: 1.) in the existing ordinance, there are two references to Meadow Lane; one should be deleted, and the street name should be Old Meadow Lane; 2.) add the existing sign at the intersection of Arnold Mills Road and Nate Whipple Highway; and 3.) the addition of a stop sign at the north end of Sun Valley where it intersects with Arnold Mills Road.
Outreach coordinator Sarah King added that it is important to note that Officer Bannister is not recommending removing any stop signs currently in place.
President Kinch asked if anyone wished to speak.
Joao Carvalho asked about the variation in speed limit signs and the removal of one 15mph sign on his street.
Sarah King stated that all 15mph signs are indeed being removed; by law, they can’t be in place unless a state engineer completes a traffic study and deems it necessary. State law has minimum traffic speed of 25mph.
Further discussion ensued between the Council members.
President Kinch asked if anyone else wished to speak.
Lacey O’Halloran, 10 Miller’s Brook Drive spoke via Zoom. She had been the resident who pushed to get this ordinance done and wished to publicly thank Sarah King and Officer Bannister for their work.
Public hearing closed at 9:48pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH THESE CHANGES: CORRECT MEADOW LANE TO OLD MEADOW LANE; INSERT THE ARNOLD MILLS ROAD AND NATE WHIPPLE HIGHWAY STOP SIGN ON PAGE 1, AND INSERT A STOP SIGN AT SUN VALLEY AND ARNOLD MILLS INTERSECTION ON PAGE 6.
Councilor Shaw clarified that adding a new sign required a recommendation and a traffic study. Councilor Schmitt withdrew the motion that included the new sign at Sun Valley and Arnold Mills, Councilor Shaw withdrew his second. Motion withdrawn.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH THESE CHANGES: CORRECT MEADOW LANE TO OLD MEADOW LANE; AND INSERT THE ARNOLD MILLS ROAD AND NATE WHIPPLE HIGHWAY STOP SIGN ON PAGE 1, BY A ROLL CALL. VOTE 7/0.
2. #21-15 – An ordinance authorizing the placement of “No Thru Trucking” Signs on Second and Vivian Avenues (Presented by Councilor Shaw)
Public hearing opened at 9:54pm.
The Ordinance Sub-Committee had asked to table to August 18, 2021 at the request of the police chief.
President Kinch asked if anyone wished to speak on this issue.
Public hearing closed at 9:56pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 18, 2021, BY A ROLL CALL. VOTE 7/0.
NEW BUSINESS
A. CLAIMS
Referred to the Solicitor’s office.
B. RESOLUTIONS
1. R-21-42 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase audio-visual equipment from Ambient Sound Inc. in an amount not to exceed thirty-one thousand seven hundred and forty-one dollars and sixty-six cents ($31,741.66)
Videographer Art Mello spoke to the resolution and answered questions from the Council.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
Councilor Shaw asked that a request for an RFP and a quote from the Mayor for repainting the Chambers be entered into the record.
Finance Director Gene Ferrari commented that any costs associated with the upgrade of the sound system, televisions, etc., should be covered under Covid expenses.
2. R-21-43 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a change order with Retrofit Technologies in an amount not to exceed thirteen thousand four hundred and twelve dollars and nine cents ($13,412.09)
Highway director Dennis Vadenais gave an overview of the need for communications upgrades at the Pascale property. This will include phone, internet and other technology upgrades.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
3. R-21-44 – A resolution authorizing and empowering Mayor Jeffrey Mutter and the President of the Town Council to amend the collective bargaining agreement with the Cumberland Town Employees Union
Solicitor Morris-Salvatore had presented this in executive session to explain the terms of agreement and stated that the CTEU was in accord with it.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
4. R-21-45 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a Duralift #DTAX-44 aerial bucket with 49′ working height, a Dodge Ram 5500 chassis non-CDL cab, and a Blueridge Freedom truck body from RBG, Inc. in an amount not to exceed one hundred and nine thousand eight hundred and sixty-nine dollars ($109,869.00)
Public Works Director Robert Anderson gave an overview of the RFP and bid process for this purchase, and the need for this vehicle with aerial equipment. The purchase of this truck comes with a three-year chassis/body warranty, and a separate five-year warranty for corrosion.
Highway Director Vadenais spoke to the number of times a truck like this is needed for various functions and answered questions of the Council.
The Town Clerk read an email from Ted Vecchio into the record: “The bucket truck being purchased is much less of a truck than the other bidders. Happy it’s gas, happy it’s a 5500 at least; however, the other vehicles are much more of a machine than the lowest bidder regarding capacity, warranty and related.”
Councilor Bradley commented that one of the other bidders was nine months out for delivery.
Bob Anderson confirmed the 90-day delivery was a factor; this truck was considered adequate for the needs.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SCHMITT & BRADLEY, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
C. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #21-16 – An ordinance amending the salaries of the executive staff and other positions (presented by the Council President on behalf of the Administration)
Referred to the Finance Sub-Committee.
2. #21-17 – An ordinance amending operating budget for the Town of Cumberland’s General Fund for Fiscal Year 2020-2021 (presented by the Council President on behalf of the Administration)
Referred to the Finance Sub-Committee.
PUBLIC COMMENTS
The Town Clerk read an email from Ted Vecchio: “With regards to the Zoom access, I hope that the Council will vote to continue Zoom access for the public, it’s an important part of getting the community involved. Just tonight several members could say their piece regarding Canning Street from the comfort of their homes. If access wasn’t allowed, they would have been stuck outside the chambers waiting for an extended period of time during executive session. Access is imperative to government.”
President Kinch read an email from Kim Potter, 102 Canning Street: “Good evening. I was at the town meeting tonight and couldn’t speak because I had difficulties with my computer. I would like to express my concern for a home getting approved to be built at 45 Canning Street. Another home would cause major flooding, and wetlands at that address would be destroyed. I have lived on Canning Street for 20 years; my home was another one that got flooded back in 2010. It is not possible to squeeze any more homes into our little street. This would have catastrophic consequences. Thank you for your time and consideration.”
ADJOURNMENT
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:32P.M. BY A ROLL CALL. VOTE 7/0.
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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.