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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, MARCH 16, 2022 AT 7:30P.M.
VIRTUAL - OPEN SESSION
The regular meeting was called to order at 7:30pm
MEMBERS PRESENT:
In person: President Kinch, Councilors Magill, Shaw, Metivier, and Schmitt.
Via Zoom: Councilor Bradley
Absent: Lisa Beaulieu
Also present — Mayor Jeffrey J. Mutter; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore.
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
President Kinch asked for a moment of silence for both former Town Councilor Thomas Laverty and resident George Stansfield, Jr. He also acknowledged and congratulated the Northern Rhode Island Boys’ and Girls’ Clubs under 12 and under 14 Flag Football teams, for their wins at the National Championships in Las Vegas.
Mayor Mutter recognized Congressman Cicillini and grant writer Lisa Andoccio for the successful $400,0000.00 community funding grant application that was approved. The money will go toward construction of a new facility to replace the old ski lodge at Diamond Hill.
The Mayor also announced the receipt of a $100,000.00 grant from Rhode Island Health and Educational Building Corporation for a fully handicapped accessible playground to be built at BF Norton school. School committee member Mark Fiorello and Principal Sandra Lariviere at B. F. Norton were instrumental in the success of the grant award.
CONSENT AGENDA
A. Acceptance of Minutes of the Regular meeting of March 2, 2022
B. COMMUNICATIONS
1. C-22-08 – Resolution from the Town of Barrington to enable Residential Solar to contribute to reach RI Renewable Electricity Goals
2. C-22-09 – Resolution from the Town of Middletown in support of the ARPA proposals in Article 1 – Section 16 (Municipal Learning Centers)
3. C-22-10 – Letter from DEM regarding Insignificant Alteration Permit Application #21-0276 plat 39, Lot 291
4. C-22-11 – Letter from DEM regarding Insignificant Alteration Permit Application #22-0025 plat 39, Lot 13
5. C-22-12 – Letter from DEM regarding Revised Permit Modification Application #19-0181 plat 33, Lot 431
6. C-22-13 – A resolution from the City of Woonsocket in opposition to Senate Bill S-2244 and House Bill H-7198, Municipal Employees’ Arbitration
7. C-22-14 – A Notice of Intent Application from Narragansett Electric for the V148S 115kVTransmission Line Asset Condition Refurbishment Project.
8. C-22-15 – A resolution from the City of Pawtucket in support 2022-H 7427, “An act relating to health and safety”
9. C-22-16 – A resolution from the Town of Charlestown in support of legislation on controlling blasting
C. MUNICIPAL MOBILE FOOD ESTABLISHMENT
1. A.I. Catering & Vending LLC d/b/a Alien Ice Cream
3. Shishkaberry’s of New England
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS MAGILL & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PUBLIC COMMENTS
LICENSES
A. ENTERTAINMENT LICENSE
1. A revision to the application approved by the Council on December 1st for a Special Event Entertainment license from Chris Nichols for a Bike Race at Diamond Hill Park on April 23 thru April 24; adding food trucks and overnight camping to the event.
Applicant Chris Nichols was present and answered questions from the Council.
Pending insurance certificate, signed lease agreement, approval from police chief and EMS
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER AND MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. An application for a Special Event Entertainment license from Chris Nichols for a Bike Clinic to be held at Diamond Hill Park on May 7, 2022.
Pending insurance certificate, signed lease agreement.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
3. An application for a Special Event Entertainment license from Joel Marrero for a Car Show to be held at Diamond Hill Park on July 2, 2022 (tabled from March 2, 2022)
Awaiting a more detailed explanation on the music competition; and pending EMS approval, insurance certificate and signed lease agreement.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 6, 2022. VOTE 6/0.
B. FIREARMS LICENSE
1. An application for a Firearms License from Rui Felix, 15 Amanda Drive (tabled from March 2, 2022)
Councilor Schmitt confirmed with the applicant that 100% of sales were online purchases.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
C. 2021-2022 LICENSE RENEWALS:
ENTERTAINMENT LICENSE:
1. Slam. Inc d/b/a Third Base, 422 High Street
2. Nellie’s Lounge LLC, 433 Broad Street
3. Hoii LLC d/b/a Azalea Asian Cuisine & Sushi Bar
Councilor Schmitt asked about the first license – the business is closed. Solicitor Kelley Morris Salvatore stated the only requirement for a business to continue to hold their liquor license is to have insurance; which the applicant does hold.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
HOLIDAY LICENSE:
1. The Stop & Shop Supermarket CO, LLC, 70 Mendon Road
2. Walgreens Eastern Co. Inc d/b/a Walgreens #19263, 2136 Mendon Road
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
On January 5, 2022, the Town Council met in executive session to discuss pending litigation against pharmaceutical company (Johnson & Johnson) and distributors of opioid products (McKesson, Cardinal, and Amerisource).
On a motion made by Councilor Shaw, and seconded by Councilor Beaulieu, it was voted unanimously to accept the settlement presented and authorize Mayor Mutter to sign the Memorandum of Understanding between the State of Rhode Island and participating Cities and Town.
B. A request from the Tax Assessor to review and approve February 2022 abatements and supplemental bills
There were no abatements or supplementals for the month of February.
C. Update from the School Committee
The School Committee had nothing to discuss at this time, Mr. Collins will present a report at the next meeting.
D. Monthly/Quarterly Financial Report ending February 28, 2022.
Budget to Actual
Mayor Mutter announced that there will be a budget amendment on the April 6 docket.
E. Check registers for February 28, 2022
Solicitor Morris-Salvatore stated the town is preparing negotiations with the new teamsters’ union, which took over from the CTEU (Cumberland Town Employees Union). All the ordinances adopted the last few years have been put into the handbook, making small changes to the union name from CTEU to Teamsters, etc. This new handbook will be distributed to all the employees.
G. Discussion of American Rescue Plan Resolution
Mayor Mutter stated that the purpose of this discussion is to see if this sample resolution format his office has developed is how the Council wants to see the reporting of the use of the ARPAR funds.
H. Department Reports
3. Library
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #21-30 – An ordinance relating to Parks & Recreation (Presented by Council President on behalf of the Administration; tabled from February 16, 2022)
Public hearing opened at 8:03pm
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ACCEPT ORDINANCE #21-30A IN PLACE OF ORDINANCE #21-30, BY A ROLL CALL.
VOTE 6/0.
Councilor Schmitt reported that the Ordinance Sub Committee heard this on February 23, 2022 had heard this for the third time and on a vote of 3-0 recommended passage.
Public hearing closed at 8:05pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE #21-30A AS AMENDED BY A ROLL CALL. VOTE 6/0.
2. #22-02 – An Ordinance Repealing Article III of Chapter 18, as redundant and in conflict with Zoning Ordinance (Presented on behalf of the Administration; tabled from March 2, 2022)
Public hearing opened at 8:05pm.
Councilor Schmitt reported that at their meeting earlier this evening, the Ordinance Sub Committee had voted 2-0, with Councilor Beaulieu absent, to recommend passage.
Public hearing closed at 8:08pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL. VOTE 6/0.
3. #22-04 – An ordinance relating to plain language of ordinances, resolutions, and other documents (Presented by Councilor Magill; tabled from March 2, 2022)
Public hearing opened at 8:09pm.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ACCEPT ORDINANCE #22-04A IN PLACE OF ORDINANCE #22-04. VOTE 6/0.
Councilor Schmitt stated that this had been revised and heard earlier this evening; and the Ordinance Sub-Committee was recommending passage on a vote of 2-0.
Mayor Mutter commented that he appreciated the change.
Public hearing closed at 8:11pm
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SCHMITT, AND IT IS VOTED TO APPROVE #22-04A AS AMENDED BY A ROLL CALL. VOTE 5/1.
Nay: Councilor Shaw
NEW BUSINESS
A. APPOINTMENT
ZONING BOARD OF REVIEW
1. Replacing full member Ed Leblanc: term ending December 31, 2023
Ms. Guadagni was present to answer any questions.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. Appointing two alternate members; terms ending December 31, 2022
Mr. Alger was present via Zoom to speak to the Council.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
B. CLAIMS
1. Avni Xhuli
REFERRED TO THE FINANCE SUB-COMMITTEE
REFERRED TO THE FINANCE SUB-COMMITTEE
C. ORDINANCES FOR PRESENTATION & permission to advertise
1. #22-08 – An ordinance relating to the appointment of liaisons to Boards, Committees and Community Groups (Presented by Council President Kinch)
REFERRED TO THE ORDINANCE SUB-COMMITTEE
2. #22-09 – An ordinance relating to the appointment of ex officio members of the Parks & Recreation Commission (Presented by Council President Kinch)
REFERRED TO THE ORDINANCE SUB-COMMITTEE
PUBLIC COMMENTS
Joel Marrero, applicant for the special event entertainment license for a Car Show, apologized via Zoom for arriving late to the meeting and stated he would be present at the next meeting.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:20PM. 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.