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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, OCTOBER 6, 2021 AT 7:30 P.M.
CUMBERLAND PUBLIC SAFETY BUILDING COMMUNITY ROOM
1379 DIAMOND HILL ROAD, CUMBERLAND, RI 02864
OPEN SESSION
The regular meeting was called to order at 7:33pm with a roll call of members.
MEMBERS PRESENT:
President Kinch, Councilors Bradley, Metivier, Shaw, Magill, Beaulieu and Schmitt.
Also present—Mayor Jeffrey J. Mutter; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
President Kinch congratulated Ashton School for becoming a Blue Ribbon school.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
Councilor Schmitt asked to remove communication C-21-52 from the City of Attleboro for discussion. Solicitor Morris-Salvatore stated that the property in question is close to the Cumberland line. The notification was a formality in the event Cumberland might have any concerns. She had asked the Zoning Department to look at this; they had not considered any of the information to be objectionable.
A. Acceptance of Minutes of the Special and Regular meetings of September 15, 2021
B. COMMUNICATIONS
1. C-21-50 – A resolution from the Town of New Shoreham in support of Block Island Pride, September 16-19, 2021
2. C-21-51 – A resolution from the Town of North Smithfield recognizing October 3rd as a ″Day of remembrance for Amy Jarret in the Town of North Smithfield″
3. C-21-52 – Notification of a decision from the City of Attleboro Zoning Board of Appeals
C. MUNICIPAL MOBILE FOOD ESTABLISHMENT
MOTION BY COUNCILOR SHAW, 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. President Kinch noted the Council had received a lengthy email from Deborah Vine Smith concerning the pond dredging at Diamond Hill and asked that it be put into the record.
LICENSES
A. HOLIDAY LICENSES
1. An application for a Holiday License from Body Mechanics, LLC d/b/a Providence Pilates Center located at 2364 Diamond Hill Road
Pending permit to make sales at retail.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
B. ENTERTAINMENT LICENSES
1. An application for a Special Event Entertainment License from Donna Barboza for the 7th Annual B. Glad Memorial 5K to benefit the Cumberland Happy Basket located at The Monastery, 1464 Diamond Hill Road
Pending signed lease agreement and insurance certificate.
Applicant Donna Barboza, 11 Tower Hill Road, was present to speak to the application for this event in its 7th year.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER AND SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
C. VICTUALLING LICENSES
1. An application for the transfer of a Second-Class Victualling House License from Crazy Pizza located at 1700 Mendon Road
Pending approval from building and Department of Health.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, 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 of September 15, 2021, related to the item a.) Discussion of Litigation § 42-46-5(a)(2): Town of Cumberland vs. Rhode Island Department of Environmental Management, C.A. PC-2021-05056, a motion was made by Councilor Beaulieu and seconded by Councilor Shaw to accept the donation of land with the condition that it be protected from any future development. Vote passed 6-1.
Nay vote: Councilor Bradley
B. Municipal Court Annual Report as per Article III-Section 11-29 of the Code of Ordinances
C. Annual Report of the financial and administrative updates as per Section 306(H) of the Charter
Mayor Mutter gave a brief overview of the highlights of the reports and responded to Council questions.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #21–18 – An ordinance in Amendment of the zoning ordinance relating to educational institutions: elementary through high school
Councilor Schmitt announced that the Ordinance Sub-Committee had voted to send this to the Council with an amendment to line 24.
Discussion ensued with the Council.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO AMEND #21-18 SO THAT THE ONLY CHANGE IS UNDER USE CODE 24, UNDER OPEN SPACE CHANGE “S” TO “Y”, BY A ROLL CALL. VOTE 7/0
Councilor Beaulieu asked if the Ordinance Sub-Committee could get this item back into committee in November to further discuss the ordinance.
President Kinch opened the public hearing 7:51pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE AMENDED ORDINANCE, BY A ROLL CALL. VOTE 7/0
President Kinch closed the public hearing 7:54pm
2. #21-24 – An ordinance authorizing the placement of a “One hour Parking at 27-29 Dexter Street (Presented by Councilor Metivier)
Councilor Metivier gave an overview of the ordinance.
Councilor Schmitt announced that the Ordinance Sub-Committee had voted to send this to the Council with a recommendation from one hour to two hour parking, with the exclusion of Sundays and the addition of two free-standing signs.
Public hearing opened at 7:57pm
President Kinch asked if anyone wished to speak in favor or against
Public hearing closed at 8:02pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO AMEND THE ORDINANCE, BY A ROLL CALL. VOTE 7/0
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE #21-24A AS AMENDED, BY A ROLL CALL. VOTE 7/0
3. #21-25 – An ordinance amending the Employee Handbook (Presented by the Council President on behalf of the Administration)
President Kinch stated that this was being withdrawn by the Administration.
B. RESOLUTIONS:
1. R-21-55 – A resolution authorizing and empowering Mayor Jeffery J. Mutter to enter into an agreement with BETA Group Inc. to provide on-call professional services for the preparation of bid documents for the demolition of the Ski Lodge at Diamond Hill Park in an amount not to exceed forty thousand one-hundred dollars ($40,100)
Steve Richtarik from BETA Group, Inc., 701 George Washington Highway, Lincoln was present and responded to pricing concerns expressed by Councilor Schmitt.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. MOTION FAILS 5/2
Nay: Councilors Schmitt, Magill, Metivier, Shaw and Bradley
2. R-21-56 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to execute a lease agreement with Club Juventude Lusitana, Inc. for a period of three (3) years (tabled from September 15, 2021)
Mayor Mutter explained the amended version and the $500.00 annual increase in the pricing in years two and three.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT R-21-56A IN PLACE OF R-21-56, BY A ROLL CALL. VOTE 7/0
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-21-56A, BY A ROLL CALL. VOTE 7/0
NEW BUSINESS
A. APPOINTMENTS
DIAMOND HILL PARK RENOVATIONS BUILDING COMMITTEE
1. Ted Vecchio
No vote was required.
Town Council Appointments
1. Jeremy Scott
2. Jerry Schimmel
3. Bruce Lemois (asked to be removed)
8. Trey Moore
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, TO NOMINATE ALL APPLICANTS WITH THE EXCEPTION OF APPLICANT #3, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
Applicants Len Bradley and Daniel Stevenson were present and addressed the Council.
President Kinch asked each Council member to vote for two individuals.
Councilor Metivier –Jeremy Scott and Daniel Stevenson
Councilor Magill – Jeremy Scott and Daniel Stevenson
Councilor Beaulieu – Len Bradley and Daniel Stevenson
Councilor Schmitt – Deborah Vine Smith and Len Bradley
Councilor Shaw – Len Bradley and Armen Casparian
Councilor Bradley – Len Bradley and Deborah Vine Smith
President Kinch –Jeremy Scott and Daniel Stevenson
Mr. Bradley and Mr. Stevenson were appointed.
PAYROLL ADMINISTRATOR
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
B. CLAIMS
Referred to the Finance Sub-Committee
C. RESOLUTIONS:
1. R-21-59 - A resolution authorizing and empowering Mayor Jeffrey Mutter to enter into a contract with Union Studio Architecture and Community Design in an amount not to exceed Nine-Thousand Three-Hundred Seventy-Five Dollars ($9,375.00).
Parks and recreation director Mike Crawley spoke to this resolution regarding the senior center. This contract extension will cover advice and services to complete the Senior Center. Due to circumstances with the delay in product delivery due to COVID, this project has gone on longer than anticipated. The building committee had voted 5-0 to approve this.
A brief discussion ensued.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
2. R-21-60 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to commit Grant Matching Funds to Franklin Farm for the Historic Farmhouse Rehabilitation Project in an amount not to exceed one-hundred and fifty thousand dollars ($150,000)
Mayor Mutter spoke to the matching funds obligation.
Pam Thurlow, President of Franklin Farms spoke to the grant opportunity. The farmhouse has no heat, water or electricity, and has a dirt floor. The association would like to utilize the house to extend the programs they offer.
Details were discussed with the Council.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
3. R-21-61 – A resolution authoring Mayor Jeffrey J. Mutter to enter into a contract with Digger’s Landscaping Inc. for the Sediment Removal at Diamond Hill Park Pond in an amount not to exceed twenty-eight thousand nine hundred dollars ($28,900)
Mayor Mutter gave an overview of the resolution and his conversation with DEM as to the behavior of amphibians in the winter. The intention is to have this completed no later than the end of October to be in compliance with the DEM permit.
Further details were discussed by the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
4. R-21-62 – A resolution extending Temporary Outdoor Restaurants Service
The Mayor was in favor and Solicitor Morris-Salvatore spoke to the history of extending outdoor service to October 31st; currently we limit outdoor entertainment to no more than two people. Would like to keep entertainment the same and are asking how long the Council would like to extend the outdoor service.
Councilor Shaw suggested eliminating line 42 (entertainment) to not limit to two entertainers.
Discussion ensued.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO REMOVE LINE 42 AND REDESIGNATE LINES B, C, D TO A, B, C, BY A ROLL CALL. VOTE 7/0
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO FURTHER AMEND LINES 20 & 21 TO READ: “PERMISSIONS… ‘UNLESS RENEWED, MODIFIED OR TERMINATED BY SUBSEQUENT RESOLUTIONS’ ”; AND LINE 57 TO READ: “IN EFFECT ‘UNLESS RENEWED, MODIFIED OR TERMINATED BY SUBSEQUENT RESOLUTIONS.’ ”,
BY A ROLL CALL. VOTE 7/0
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL. VOTE 7/0
5. R-21-63 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Vision Government Solutions in an amount not to exceed nine thousand, two hundred twenty-two dollars ($9,222.00)
Mayor Mutter referred to a memo from tax assessor Al Wylie.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
6. R-21-64 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Active Network, LLC for collection services relating to programming for the Mayor’s Office of Children Youth and Learning
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 20, 2021, BY A ROLL CALL. VOTE 7/0
D. ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE
1. 21-26 – An ordinance authorizing the placement of stop signs and one-way signs in the development known as Hidden Meadow (Presented by President Kinch on behalf of the Administration)
Referred to the Ordinance Sub-Committee
2. 21-27 – An ordinance authorizing the placement of a Stop Sign at the intersection of Iroquois Road and Phillips Avenue (Presented by Councilor Beaulieu)
Referred to the Ordinance Sub-Committee
Councilor Schmitt stated that the Ordinance Sub-Committee with meet Tuesday, October 19, 2021 at 5:30pm in meeting room #4 at the Cumberland Public Library, 1464 Diamond Hill Road.
PUBLIC COMMENTS
EXECUTIVE SESSION
VOTE TO GO INTO EXECUTIVE SESSION TO DISCUSS ITEMS OF BUSINESS CITED IN R.I.G.L. §42-46-5 (a) (1-9)
a. Discussion of Litigation § 42-46-5(a)(2): Town of Cumberland vs. Rhode Island Department of Environmental Management, C.A. PC-2021-05056
President Kinch announced that this executive session was no longer necessary.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:14PM, 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.