MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, SEPTEMBER 7, 2022 AT 7:30P.M.

CUMBERLAND PUBLIC SAFETY BUILDING, 1379 DIAMOND HILL ROAD, CUMBERLAND

OPEN SESSION

 

 

CALL TO ORDER

The regular meeting was called to order at 7:30pm with a roll call of members   

 

MEMBERS PRESENT:

In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Schmitt and Beaulieu. (Councilor Beaulieu arrived late)

 

Also present—Mayor Jeffrey J. Mutter; Town Solicitor Kelley Morris Solicitor; Town Clerk Sandra M. Giovanelli; Town Planner Glenn Modica; Director of Public Works Joe Duarte.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Mayor Mutter spoke to receiving the new senior van that the Council previously approved. He recognized Senator Reed, RIPTA and Congressman Cicillini for their part in this. The Mayor also recognized the highway and sewer departments for chipping away at the drainage issues in town.

 

Councilor Shaw announced that McLaughlin school will be having a ribbon cutting ceremony on Friday at 5:00pm in celebration of the completion of their expansion construction.

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special and Regular Meetings of August 17, 2022.  

 

B.  COMMUNICATIONS

 1.  C-22-39 – A request from the Exeter Town Council to support their effort to persuade the League’s to support legislation mitigating the negative effects of House Bill 2022 – H8220 Substitute A, An Act Relating to Taxation – Levy and Assessment of Local Taxes 

 

C.  MUNICIPAL MOBILE FOOD ESTABLISHMENT

      1.  Plouffe’s

      2.  Gonzalez Food Truck

    

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE.  VOTE 5/0.

Abstained: Councilor Schmitt

Absent: Councilor Beaulieu

 

PUBLIC COMMENTS

There were none.

 

6.  LICENSES

     A.  HOLIDAY LICENSE

           1. An application for a Holiday license from Diane Velez Beauty

 

Everything was in order for this license.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILORS SCHMITT & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

Absent: Councilor Beaulieu

 

     B.  ENTERTAINMENT LICENSE

1.  An application for a special event entertainment license from Robert McCoy of McCoy F.I.T for a F.I.T. Challenge to be held at Diamond Hill Park April 15, 2023 thru April 16, 2023

 

Subject to signed lease agreement and approval from Building Official, Police, EMS and Fire.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

Councilor Beaulieu arrived at 7:38pm

 

     C.  PRIVATE DETECTIVE

           1.  An application for a Private Detective License from Peter Sword of 53 Abbott Run Valley Road

 

Everything was in order for this license.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

7.  REPORTS/COMMUNICATIONS

     A.  Report of Executive Session vote(s), as may be necessary

There were none.

 

     B.  Discussion relating to the ARPA funds    

Mayor Mutter had provided the Council with an internal working document and asked that they review it and weigh in with their thoughts. A report should be forthcoming within 30 days. Regarding Mr. Vecchio’s point as to whether small businesses will receive grant funds; the Mayor has reviewed this with the consultants who are also reviewing how to administer that category.

 

Resident Ted Vecchio, 584 Bound Road, Woonsocket, thanked the Mayor and expressed his hopes for expediency to help those small businesses who are barely holding on. Mr.Vecchio also inquired about the sidewalk assessment report.

 

8.  OLD BUSINESS

     A.  ORDINANCES FOR PUBLIC HEARING    

1.  #22-11 – An amendment to the Cumberland Comprehensive Plan to support the Ann & Hope Mixed Use Zoning District (last tabled from August 17, 2022)

 

Ordinances #22-11, 22-12 and R-22-42 were grouped and heard together as one public hearing.

 

Councilor Schmitt stated that at the July 20, 2022 Ordinance Sub-Committee meeting the Committee had voted 3/0 to give #22-11 a favorable recommendation; #22-12 received a 2/1 vote of favorable recommendation, with committee member Metivier against; R-22-42 received a 3/0 favorable recommendation.

 

Public hearing opened at 7:52pm.

 

Town Planner Glenn DiModica stated that he had no new comments on #22-11, the Planning Board had approved the comp plan amendments as written. He had no comments on the abandonment of Study Hill Road, other than it be approved by DPW and the town solicitor. Re: #22-12, rezoning, the PB recommended three conditions: 1. Any new residential building should be reviewed by the Planning Board as a major land development project; 2. That the applicant revise their traffic study and parking assessment to justify the number of spaces they are proposing; and 3. Of the proposed 241 residential units, 20% be affordable housing and deed restricted for a term of 99 years for households earning 80% or less of area median income.

 

Attorney Nicholas Goodier, 56 Pine Street, Providence, was present to represent the applicant and petitioner Harvard Holdings LLC/Premier Land Development and gave a presentation of facts.

Also present: Ed Pimentel, planning consultant; Eric Zuena and Eric Schall from ZDS Architecture & Interior Design; Leonard Bradley, DiPrete Engineering; John Shevlin from Pare Corporation traffic studies division. All parties participated in a Power Point presentation detailing all phases of the project.

 

DPW director Joe Duarte spoke to water mains on Study Hill Road.

 

Councilor Metivier and Mayor Mutter went on record as objecting to the eventual/potential use of a public self-storage business in the basement of the building as outlined in the proposal.

 

President Kinch asked if anyone from the public wished to speak in favor or against. There was no one.

 

Public hearing closed at 9:25pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE THE COMPREHENSIVE ZONE CHANGE ORDINANCE #22-11.  ROLL CALL VOTE 6/0.

Recused: Councilor Bradley

 

Mayor Mutter expressed his appreciation for the proposal for Ann & Hope, the continued involvement of original owner Mr. Chace, and commented that the administration was recommending overall passage.

 

2.  #22-12 – An amendment to the Town of Cumberland Zoning Ordinance to add the Ann & Hope Mixed Use District for property identified as Assessor’s Plat 11, Lot 159 (last tabled from August 17, 2022)

 

Per recommendation of the Ordinance sub-committee the petitioner had submitted an amended ordinance referred to as ordinance #22-12A.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO ACCEPT 22-12A IN PLACE OF #22-12.  (Motion withdrawn below)

 

Planning Director Glenn Modica commented he had not seen the 22-12A version and wanted to confirm the bullet points recommended by the Planning Board, re: reviewing residential building, the parking, and the deed restricted units for 99 years.

 

The solicitor asked to take a few minutes to rework that language into #22-12A.

 

Councilor Schmitt withdrew his motion; Councilor Magill withdrew his second. Resolution R-22-42 was moved up for a vote while the solicitor was reworking the ordinance language.

 

2. R-22-42 – A resolution relating to the abandonment of Study Hill Road (last tabled from August 17, 2022)

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE.  ROLL CALL VOTE 6/0.

Recused: Councilor Bradley

 

Returning to #22-12A:

 

Solicitor Morris-Salvatore suggested changing line 52, where it states “...Twenty (20%) of the housing units, integrated throughout the development and equally distributed among number of bedroom units, measured by the Ann & Hope Mixed-Use District as a whole, shall be set aside as low- and moderate-income housing units, and shall be deed restricted for 99 years.”

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO ACCEPT 22-12A IN PLACE OF #22-12, WITH THE AMENDMENTS MADE TO LINE 52 THROUGH 54. 

ROLL CALL VOTE 6/0.

Recused: Councilor Bradley

 

Councilor Schmitt stated that the Ordinance Sub-Committee had reviewed #22-12, not #22-12A; and had voted 2-1 to approve that version.

 

Councilor Schmitt questioned amendment #1 beginning on line 9 of #22-12A.The solicitor agreed to revise the wording on line 12 to end with “…District. with conditions of Ordinance #22-12”.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO ACCEPT 22-12B AS AMENDED IN PLACE OF #22-12A, WITH THE CHANGES TO LINES 12, AND 52-54.  ROLL CALL VOTE 6/0.

Recused: Councilor Bradley

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO ACCEPT 22-12B AS AMENDED.  ROLL CALL VOTE 5/1.

Nay: Councilor Metivier

Recused: Councilor Bradley

 

           3.  #22-13A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 7, Lot 0237 (last tabled from August 17, 2022)

 

It was reported that this was scheduled to be reviewed by the Ordinance Sub-Committee on September 14, 2022.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 21, 2022.  VOTE 7/0.

 

           4.   #22-21 – An ordinance establishing and implementing a program of tax stabilization for the redevelopment of the Ann & Hope Mill, located at 100 Ann & Hope Way, and improvements thereupon, and the operation and maintenance of residential, commercial, retail or office users thereupon. (last tabled from August 17, 2022)

 

This ordinance would also be addressed at the September 14, 2022 Ordinance Sub-Committee meeting

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 21, 2022.  VOTE 7/0.

 

      B. RESOLUTIONS

           1. R-22-41 – A resolution related to abandoning a portion of Powhatan Road (last tabled from August 17, 2022)

 

Scheduled to be reviewed by the Ordinance Sub-Committee on September 14, 2022.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 21, 2022.  VOTE 7/0.

 

          

9.  NEW BUSINESS 

     A.  CLAIMS

           1.  Joe Woelfel

Referred to Finance Sub Committee

 

           2.  Frank Leso 

Referred to Finance Sub Committee

 

     B.  RESOLUTIONS

           1.  R-22-68 – A resolution authorizing a Change Order to Vision Government Solutions to Add Imaging Services of Certain Properties

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 21, 2022.  VOTE 7/0.

 

           2.  R-22-69 – A resolution authorizing Boydco Inc to perform electrical and mechanical services to the Highland Corporate Park Sewer Pump Station in the amount not to exceed Eleven thousand fifty dollars and zero cents ($11,050) for the Cumberland Sewer Department

 

These services are necessary preventive maintenance to avoid emergency repairs at a later date at the Sewer Pump Station.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

           3.  R-22-70 –A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Pare Corporation for Design and Bidding Services for the upgrade of the stormwater system on Industrial Road for the Town of Cumberland in an amount of $43,500.00 plus a 10% contingency in reimbursable expenses, in a total amount not to exceed Forty-Seven Thousand, Eight Hundred Fifty Dollars ($47,850.00).

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

10.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE

       1.  22-24A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as  amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 052, Lot 0343

REFERRED TO ORDINANCE SUB-COMMITTEE

       2.  22-26 – An ordinance relating to Yard Sales (Presented by the Council President on behalf of the Administration)

REFERRED TO ORDINANCE SUB-COMMITTEE

 

11.  PUBLIC COMMENTS

There were none.

 

12.  ADJOURNMENT

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:04PM. 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.