MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, OCTOBER 4, 2023, at 7:30 P.M.

CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

 

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, Shaw, Magill, Metivier, Schmitt and Beaulieu.

 

Also present—Mayor Jeffrey J. Mutter; Outreach coordinator Sarah F. King; Town Solicitor Kelley Morris
                        Salvatore; Town Clerk Sandra M. Giovanelli; DPW Director Joe Duarte; Water Superintendent
                        Romeo Mendes; Planning Director Jonathan Stevens

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Regular Meeting of September 20, 2023

 

B.     MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. Palagi Brothers Ice Cream

2. Alainas Mobile

 

C.    COMMUNICATIONS
1.  C-23-43 – Pawtucket Water Supply Board Proposed Rate Increase

 

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

PUBLIC COMMENTS

 

REPORTS/COMMUNICATIONS

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

 

B.  Annual Report of the financial and administrative updates as per Section 306(H) of the Charter

     Administrative updates/Financial updates

Mayor Mutter gave a brief overview of the highlights and expressed appreciation of everyone’s efforts.

 

D.    Update on Peterson Puritan Superfund site OU2

Mayor Mutter commented that he thought it was important to bring residents up to date on this issue.

Progress on this project has stalled for 2 ½ years and he recently reached out to congressional delegation for assistance. Senators Reed and Whitehouse and the Congressional office have interceded to assist. The Mayor has requested a deadline of October 31, 2023 for a response.

 

Planning Director Jonathan Stevens commented that this is a very complicated project for a 62-acre piece of property which is one mile long. The Environmental Protection Agency and responsible parties and the Town are trying to come to an agreement. We have to deal with the EPA and the polluting property owners, who have had a hard time telling us what our obligations are to them and what they will give to us.

 

We want to preserve the opportunity to replace Currier Park; the town is entitled to having a recreational park that connects to the river bikeway, have a kayak launch, etc. It is Mr. Stevens’ professional opinion that this is enormously complicated but at the same time, the Mayor putting his flag in the ground has resulted in a crescendo of activity to try and figure it out.

 

LICENSES

 

A.  ENTERTAINMENT LICENSE

      1.  An application for an entertainment license from Kidozland LLC located at 1726 Mendon Road 

 

Pending fire inspection.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO THE PENDING FIRE INSPECTION APPROVAL.  VOTE 7/0.

B.  PRIVATE DETECTIVE LICENSE RENEWAL

      1.  Peter Sword

 

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

OLD BUSINESS   

 

A. ORDINANCES FOR PUBLIC HEARING

1.  #23-18 – An ordinance to change the Town of Cumberland Zoning Map – Assessor's Plat 39, Lot 292 (tabled from August 16, 2023)

 

At the applicant’s request, this matter was tabled.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU & MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 15, 2023.  VOTE 7/0.

2.  #23-24 – An ordinance establishing a Residents Only Parking Program (Presented by President Kinch on behalf of the Administration)

 

A request was made to table until the Ordinance Sub Committee could hear this on October 17, 2023.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 18, 2023.  VOTE 7/0.

B.  RESOLUTIONS

1.  R-23-65 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a professional services agreement with Verra Mobility for a School Bus Safety Camera Enforcement Program for a Five-Year Term (tabled last from September 20, 2023)

 

Solicitor Morris-Salvatore commented that she was in discussions with the vendor and the School Committee and would be having a meeting the following day which also included the deputy police chief.

 

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 18, 2023.  VOTE 7/0.

2.  R-23-88 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract amendment with Pare Corporation for Design, Bid Services, Construction Management Services, and Permitting for both Phase I and Phase II of the Industrial Road Stormwater improvement in the amount of one hundred and thirty-four thousand seven hundred and fifty-five ($134,755) plus a 10% contingency in reimbursable expenses, in a total amount not to exceed one hundred and forty-eight thousand two hundred and thirty dollars and fifty cents ($148,230.50) (tabled from September 20, 2023)

 

Counselor Morris-Salvatore stated there should be a motion to change line 10 from $134,755 to $143,480, and line 14 from $148,230.50 to $157,828.00.

The corresponding amounts on lines 44 and 46 should also change. On line 39 the words “Environmental site review” were added after “environmental permitting”.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO MAKE THOSE CHANGES AND ACCEPT R-23-88A IN PLACE OF R-23-88.  VOTE 7/0.

DPW Director Joe Duarte spoke to the longevity of this problem with intense rain events. On September 7, 2022 we had hired Pare Corporation to investigate the issues and make recommendations. The original analysis was to give corrective measures for the worst storm, based on measuring storm frequency and potential precipitation. Discussion ensued regarding existing culvert pipes under Route 295, pipe size upgrades, and additional improvements.

 

For a future phase 2 the Town would like to take all the flooding on Industrial Road and shift it to an area near the Route 295 retention area. Surrounding neighborhoods and other contributing factors were discussed.

Mr. Duarte asked for approval so they could begin work to have it finished by spring.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-23-88A.  VOTE 7/0.

3.  R-23-89 – A resolution adding Eli Street to the Residents Only Parking Program (tabled from September 20, 2023)

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 1, 2023.  VOTE 7/0.

NEW BUSINESS

 

APPOINTMENTS

HISTORIC DISTRICT COMMISSION

   1.  Glenn Killough, replacing Dana Newbrook term ending December 31, 2024

 

Solicitor Morris-Salvatore noted that appointments to the Historic District Commission were under the Town Council President’s purview with the consent of the Council.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL AND IT IS UNANIMOUSLY VOTED TO ACCEPT THE APPOINTMENT.  VOTE 7/0.

 

NON-PROFIT GRANT REVIEW COMMITTEE

1. Mayoral appointment – the Mayor has not confirmed an appointment at this time

2. Council appointment – the Council appointed Councilor Schmitt

3. Planning Board appointment – there was no one presented at this time

B.  CLAIMS

     1. Kevin Colman

Referred to the solicitor’s office

 

C. RESOLUTIONS

1.  R-23-90 - A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with the Rhode Island Department of Transportation for Construction and Maintenance of Improvements

 

Mayor Mutter commented that there will be improvement on Route 122 between Route 295 and the town line. Once the sidewalks are completed, the state is claiming it is the town’s responsibility to care for them. Solicitor Morris-Salvatore stated that she is not aware of any state statute that towns take care of sidewalks nor ADA compliance on state roads. She asked to table while waiting to speak with the DOT.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 18, 2023.  VOTE 7/0

2.  R-23-91 – A resolution to approve payment to Digger’s Landscaping Inc. for emergency work done on Scott Road as a result of the flooding in an amount not to exceed seventy-one thousand seven hundred and fifty-one dollars and fifty cents ($71,751.50)

 

Mr. Duarte commented on the number of emergencies lately and the old, corroded steel corrugated pipe that caused the issue. There may be some potential for some reimbursement from FEMA, but it is not guaranteed.

 

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

3.  R-23-92 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase Water Pipe for the Cumberland Water Department from Putnam Pipe in an amount not to exceed fourteen thousand one hundred and seventy dollars ($14,170)

 

Water superintendent Romeo Mendes spoke to this procurement for the purpose of replacing various lengths of existing pipe and to have a supply on hand for future repairs. Discussion ensued regarding the bids and pipe sizes.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE.  VOTE 6/1
Nay: Councilor Bradley

4.  R-23-93 – A resolution requesting the General Assembly to amend legislation regarding business registration

 

Solicitor Morris-Salvatore spoke to the issue that certain applicants registering their business with the town through a Business Certificate prefer to give a PO box rather than a physical address. Although state law does not require it, several other towns have legislation requiring a physical address. Having the physical address allows the town to ensure that the zoning of the location is appropriate to the type of business being registered.  

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE.  VOTE 5/2

Nay: Councilors Schmitt & Bradley

5.  R-23-94 – A resolution requesting the General Assembly to amend legislation regarding animal related penalties

 

The animal control officer would like to make the town’s penalties more in line with other communities.

 

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

6.  R-23-95 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Rhode Island Mayoral Academy Blackstone Valley relating to reimbursement of electricity generation charges

 

Mayor Mutter everyone here is aware that when we entered into a net metering agreement in 2019 we offered those savings from that agreement to Blackstone Valley Prep. Internally we inadvertently assigned those accounts to the Cumberland School Department; so the School Department has been paying the energy usage part of the electric bills of BVP for the last few years, in the amount of approximately $400,000.00.

 

The town reached out to BVP, and they have passed the attached agreement to make whole the overdue amount in five payments. The Town will make the school whole in one payment, and as BVP pays the town over two years we will replenish the fund.

 

A brief discussion ensued about the amount and energy credits.

 

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

7.  R-23-96 – A resolution authorizing Mayor Jeffrey J. Mutter to execute a bill of sale to sell the communications tower located at 1380 Diamond Hill Road for twenty thousand dollars ($20,000.00) and to provide an easement for maintenance to the communications tower.

 

After a brief conversation Solicitor Morris-Salvatore asked to table for two weeks.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 18, 2023.  VOTE 7/0

8. R-23-97 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with VHB for street tree planting technical assistance in an amount not to exceed seven thousand one hundred and ninety-five dollars ($7,195).

 

Planning Director Jonathan Stevens explained that the DOT has allowed us to add 12 trees on Broad Street. The grant from RI Infrastructure will pay for the trees – however, we have to have a certified clean material brought in as the soil samplings taken were not suitable for the trees.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE.  VOTE 5/2

Nay: Councilors Bradley & Magill

D.  ORDINANCE FOR PRESENTATION & PERMISSION TO ADVERTISE

      1. #23-25 – An ordinance amending the code of ordinances relating to entertainment licenses (Presented by Councilor Magill

 

Referred to the Ordinance Sub Committee

 

PUBLIC COMMENTS

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:08PM. 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.