MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, SEPTEMBER 6, 2023, at 7:30 P.M.

CUMBERLAND PUBLIC SAFETY BUILDING

1379 DIAMOND HILL ROAD, CUMBERLAND, RHODE ISLAND

 

CALL TO ORDER

The regular meeting was called to order at 7:37pm 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

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Councilor Schmitt announced that the Ordinance Sub Committee had scheduled a meeting on September 19, 2023 at 5:30pm at the Cumberland Library Hayden Center, 1463 Diamond Hill Road, in meeting room #1.

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Special and Regular Meetings of August 16, 2023, and the Special Meeting of August 22, 2023.           

B.     MUNICIPAL MOBILE FOOD ESTABLISHMENT
1.  Turner Bros. LLC d/b/a Turner Bros
2.  Sam’s New York System

C.    COMMUNICATIONS

1.  C-23-41 – A resolution for the Town of Charlestown in support of the Coastal Resources Management Council's (CRMC) possible designation of the "Sand Trail" as a CRMC recognized right-of-way (ROW)

 

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

 

PUBLIC COMMENTS

There were none.

 

REPORTS/COMMUNICATIONS

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

 

B.  Discuss interest in a town-wide ethics seminar for all boards and commissions

 

Solicitor Kelley Salvatore informed the Council’s attention that the Ethics Commission contacted all town solicitors to offer an ethics seminar, either in person or via Zoom. She suggested inviting all members of all boards/commissions.

 

President Kinch agreed it is a good idea and asked what the next steps would be.

 

The solicitor will contact the Ethics Commission to schedule.

 

Councilor Bradley suggested inviting the Town staff as well.

 

LICENSES

     A.  SPECIAL EVENT ENTERTAINMENT LICENSE

1.   An application for a Special Event Entertainment License from the Historic Metcalf Franklin Preservation Association for their Fall Harvest Festival to be held on Saturday, September 30th, 2023; rain date October 1^st

 

Pending State Promoter’s Permit and final tent inspections.

 

Julie Guerin, 287 Metcalf Drive, was present on behalf of Franklin Farm. This year’s event will have the same entertainment, family activities, food and crafts vendors as in previous years.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO THE PENDING APPROVALS.  VOTE 7/0.

       B.  VICTUALLING HOUSE LICENSE

1.  An application for a second-class victualling house license from Wise Guys Deli Woonsocket d/b/a Wise Guys Deli located at 371 Bound Road

 

Pending final fire inspection.

 

Applicant Ozgur Ugrac, 104 School Street, was present to answer any questions.

 

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

     C.  PRIVATE DETECTIVE LICENSE

          1.  An application for a private detective license from Noah Brodbar, 22 Seaview Terrace, Guilford, CT

 

Everything was in order for this license.

 

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

 

OLD BUSINESS   

A.  RESOLUTIONS

1.  R-23-30 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement for the sale of Town-owned property to Cumberland Land Trust for the purchase price of Nine Thousand Six Hundred Dollars ($9,600.00) (tabled last from August 16, 2023)

 

President Kinch asked for a motion to table in order to have ample time to read through the newly received appraisal.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 20, 2023.  VOTE 7/0.

 

      2.  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 August 16, 2023)

 

Solicitor Salvatore asked to table.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 20, 2023.  VOTE 7/0

 

NEW BUSINESS

 

BUILDING OFFICIAL

A.    Larry Enright

 

The Mayor noted that the letter attached to the meeting packet had incorrectly labeled the position as “Acting Building Official”, and asked the Council to wait until the next meeting.

 

No vote was taken.

 

B. RESOLUTIONS

    1.  R-23-80 – A resolution to approve payment to Digger's Landscaping, Inc. for final paving work done on Mendon Road as a result of the Water Main Break in an amount not to exceed sixty-seven thousand dollars and zero cents ($67,000.00)

 

Mayor Mutter noted this was the final payment for the work on Mendon Road and asked for passage.

 

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

 

    2.  R-23-81 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with GZA GeoEnvironmental Inc. for environmental engineering services related to the underground storage tank at the Amaral Building in an amount not to exceed nine thousand eight hundred dollars ($9,800)

 

Outreach Coordinator Sarah King gave a brief overview of the project. The storage tank had been utilized for home heating oil when the building was a residence.

 

Todd Greene from GZA was present via Zoom to address any questions.

 

Councilor Schmitt asked, when you discover an UST like this, to you have to remove it?

Mr. Greene: Yes, under DEM guidelines. The tank is in direct conflict with the proposed building addition. This cost covers GZA’s preparation of the UST closure application for submission to DEM to authorize the closure; to help the town prepare the bid documents to select a contractor to perform the tank removal; giving field oversight included in the proposal which is required per DEM guidelines to observe for any potential leakage from the tank; and to prepare soil sampling for confirmatory examination by DEM. The exact size of the tank is not confirmed yet.

 

Ms. King interjected that the size of the tank does not impact the scope of GZA’s work or their pricing. The funding source is the CDBG grant.

 

Resident Deborah Vine Smith, Colonial Avenue, commented that during an early Comprehensive Plan discussion she had requested a map of all underground storage tanks in the municipality be included, and that did not happen.

 

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

 

    3.  R-23-82 – A resolution amending the Town of Cumberland’s Community Recovery Fund Spending Plan

 

Mayor Mutter explained how they had arrived at the funding source for the next two resolutions on the agenda and asked for passage.

 

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

    4.  R-23-83 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Central Nurseries for work at the Ruth Carpenter Memorial Garden in an amount not to exceed forty thousand nine hundred dollars ($40,900)

 

Landscape architect Andrew Pichette, with Beta Group, was present via Zoom. Mayor Mutter explained the resolution, illustrated by a Powerpoint presentation outlining the history of Ruth Eaton Carpenter and the garden.

 

Mayor Mutter commented that the experts recommend having an experienced vendor do the maintenance to protect the investment; and that the existing plants may not be saved. It is his opinion that this iconic garden in the town needs to be fixed and fixed right.

 

Mr. Pichette gave a brief summary of what the garden once was, and how they had considered how to best maintain the character of the original garden as they proceed with the work. He estimated that the job could be completed this fall if the Council voted to approve.

 

The estimated costs of annual maintenance was discussed.

 

Resident Deborah Vine Smith, Colonial Avenue, noted that the tree warden should be involved with this, asked if the existing plants could be offered to other town facilities, and inquired about handicap accessibility.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAUIEU, METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0

    5.  R-23-84 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Martone Service Company Inc. for Phase II work at the Franklin Farmhouse in an amount not to exceed four hundred and ten thousand four hundred and forty-seven dollars ($410,447)

 

Mayor mutter explained the funding sources, accompanied by a Powerpoint presentation outlining the history of the work done at the farm and the funding sources.

 

This money included in this resolution will continue the rehabilitation efforts including the structural reinforcing of the first-floor framing system, interior renovations at the south end of the first floor to accommodate a new accessible toilet room, janitor’s closet and kitchenette, a new entry porch on the west side, and a new accessible ramped pathway from the driveway to the first floor of the farmhouse.

 

Rob Mudge from Franklin Farms stated he was happy that Martone was the lowest bid as they have been the original contractor that has shown a consistency of services and interest in the project and its vision.

 

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

    6.  R-23-85 – A resolution authorizing the Town of Cumberland to contribute to the challenge of the Lifetime Contracts Law an amount not to exceed twenty thousand dollars ($20,000.00)

 

As a result of discussion in a previous executive session meeting, it was determined to make this payment to Womble Bond Dickinson as represented by Angel Taveras. The cost of litigation is being shared among various cities & towns.

 

Councilor Schmitt asked about the funding source.

 

Mayor Mutter stated that this may require a budget amendment but could also be paid out of legal expenses; however, it wasn’t budgeted.

 

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

Nay: Councilors Bradley & Kinch

C.  CLAIMS

      1.  Estate of Michael Fontaine/Fontaine Family         

Referred to the Solicitor’s office

 

      2.  Vikon Properties Corp and Hunting Hill, LLC

Referred to the Solicitor’s office

 

D.  ORDINANCE FOR PRESENTATION & PERMISSION TO ADVERTISE

1. #23-22 – An ordinance amending Chapter 38, Article III (entitled Parking, Stopping, and Standing) of the Town of Cumberland’s code of ordinances.

 

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 8:48PM. 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.