MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 7, 2024, 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 7:36pm 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; EMS Acting Director Scott Dessert, Water Superintendent Romeo Mendes

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch announced that he would move the discussion on Rawson Pond and ordinance #23-31 up to be heard after the Consent Agenda.

CONSENT AGENDA

A.    Acceptance of Minutes of the Special and Regular Meetings of January 17, 2024

B.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE       
      1.  Totten Foods LLC d/b/a Big Dog Eats

 

C.  COMMUNICATIONS

1.  C-24-03 – A resolution from the Town of Hopkinton in support of Full Funding of Categorical Transportation Aid as outlined in RIGL 16-7.2-6 

2.  C-24-04 – A resolution from the Town of Charlestown requesting the General Assembly fully fund the Transportation Categorical Funds between state and regional school districts pursuant to the relevant requirements of RIGL 16-732-6(e)

        

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

 

 

REPORTS/COMMUNICATIONS

B.  Rawson Pond Dam Update

 

DPW Director Joe Duarte gave a brief overview of the situation. On January 26 and 27^th, 2024 the dam was somewhat breached with disintegration of some of the dirt portion of the structure. Fire and EMS Chiefs did a downstream analysis, determining that it was not a life-threatening situation but could be damaging to property. Pare Corporation engineers were called in on the following Monday, January 29^th to perform a review of the dam.

 

Pare Corporation representative Allen Orsi gave an analysis of the situation illustrated by a presentation and responded to questions from the Council about possible options for a temporary fix vs. a permanent fix.

President Kinch opened the topic up to public questions, asking concerned residents to use a sign in sheet to write their name and address for the record.

 

1.      Chuck Tramontana, 3 Camelot Court, in close proximity to Rawson Pond, questioned if a temporary fix would be a prelude to a permanent fix or temporary while deciding whether or not you’re going to restore the dam?

Mayor Mutter responded that it was his understanding it would be a prelude to a permanent fix.

 

President Kinch read into the record a letter from Thomas Hetherington, a 45-year resident of 89 Newell Drive. In his letter, Mr. Hetherington spoke to his history of receiving an easement from the original pond owner, and expressed his wish to have the pond restored to its former condition. Mr. Hetherington referenced a leading RI Supreme Court case regarding rights of a pond abutter, Hood V. Slefkin, 143 A2 683 (1958).

 

2.      Jason Withrow, 21 Gilbert Court, lives just upstream. He spoke to the ecosystem that the pond supports. If they don’t restore it, it will contribute to the urbanization of the displaced wildlife. Some of the animals have moved upstream, others gone. There is an intrinsic value of the pond to the community.

DPW Director Joe Duarte stated that DEM Fish & Wildlife have been to the site and they recognize the significant effects.

 

Councilor Beaulieu questioned Mr. Duarte that a temporary structure would not be in place for 6-8 months, and thereafter, a permanent structure could take 2 years?

 

3.      Randy Tuomisto, 411 Reservoir Road, spoke to the historical purpose of the pond to collect ice and run a mill, both of which are not being done or in use. The current purpose of the pond is for the enjoyment of the 18 houses on the pond itself. There haven’t been any estimates of cost discussed yet and that should be taken into consideration. It will be very expensive for studies done by DEM and the actual rebuilding expense. The other concerned party might have been Pawtucket Water Supply; but they have no interest in this pond, it doesn’t serve them in any way. The state is taking down dams, they want things to go back to their natural state. Mr. Tuomisto talked about natural restoration, value of tree growth. There are fresh beaver dams and damage to the trees on the west side, If restored, that can be a long term headache.

 

4.      Mark Dalton, 99 Newell Drive disputed Mr. Tuomisto’s thoughts. He grew up there, he loves it, wants to see it back. It’s a beautiful place and it means something.

 

5.      Lynn Withrow, 21 Gilbert Court, asked why Cumberland acquired the property in the first place? The quality of life the pond provides is wonderful.

 

Jason Withrow interjected that the beavers have only been there 7 years and commented on how soothing the area is. He questioned the anticipated timing of any fix.

 

6.      Linda McDermott, 17 Newell Drive has spent 27 years there as a resident. She spoke about how the pond brought the community together. She handed out photos of the pond and spoke to her concerns for the turtles and other wildlife affected by the lack of water. As the temperatures are warming the pond is also beginning to smell.

 

7.      Chris Cipolla, 61 Tingley Drive stated he does not live on the pond, but walks his dog in the neighborhood daily. He spoke about the ecosystem that has developed over time, and the many variables to consider. Doing nothing is not the answer.

Councilor Bradley asked if the town had contacted the Trust yet?

 

Mayor Mutter responded yes, we did. When the town purchased this property in 2017 they did not add any extra insurance for the dam. The only way the Trust would have covered the dam would have been with the completion of an engineering study and they would have added it at an extra premium. They would cover it downstream.

 

The Council, Mayor and Mr. Orsi reviewed the history of the town’s ownership of the dam, inspections and reports. There have been deficiencies mentioned that were not attended to.

 

Councilor Beaulieu asked that any communications found by the Mayor’s office be sent to the Council for review.

 

8.      Jean Jackson, 67 Newell Drive reported that the smell is pretty bad and she is concerned about mosquito breeding in spring. When they purchased the house in 2018 a representative of the town told them the town would maintain the pond. They pay additional taxes to live on the pond with their higher property value for waterfront property.

 

Mayor Mutter stated he had met with DEM and some of the pond residents. It is his feeling that when the government makes a promise, successive people in office should honor it. He spoke in support of repairing the dam.

 

Further conversation ensued regarding the  original resolution, public access, ongoing transparency.

 

Chuck Tramontana came back to the microphone – on the subject of dams, he said, the town should be aware of the condition of the Howard Dam further downstream which may also need repairs before it fails.

 

9.      Linda Houle, 87 Newell Drive – no one has mentioned the possibility of damage to human life. She told about man wanting to walk across the pond and almost got stuck in the sand. Children might try the same thing.

 

Councilor Beaulieu asked if someone could assess health and safety at the pond.

 

10.  Cathleen Mallory, 51 Newell Drive asked what the residents could do to assist – they don’t want to wait months to hear anything back from the Council.

Mr. Duarte stated that the next step would be for engineers to do a full assessment and survey; test the soils - any temporary measures could be affected by the soils so they don’t collapse. Mr. Orsi indicated that in two weeks he could have a quote for that next meeting.  Councilor Beaulieu asked if they could expect a general timeline at that time.

 

OLD BUSINESS  (moved up)

A.  ORDINANCES FOR PUBLIC HEARING

2.  #23-31 – An ordinance amending the zoning ordinance relating to agricultural uses. (tabled last from January 17, 2024)

 

Public hearing opened at 9:04pm.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #21-31A IN PLACE OF #23-31, BY A ROLL CALL.  VOTE 7/0.

Councilor Schmitt stated that the Ordinance Sub-Committee had not yet heard this but the Planning Board had and had made their recommendation. He would be willing to bypass our normal procedure of an Ordinance Sub-Committee meeting and hear this now. There has been a lot of study by the Planning Department. Councilor Schmitt reported he has also met with some of the representative horse owners and would be in favor of hearing this tonight.

 

Town Planner Glenn Modica gave an overview of this ordinance; its purpose is to make horse facilities legal within the Ordinances. Cumberland has over a dozen existing facilities – this ordinance allows these types of organizations to grow. After all that was learned from the local horse owners/experts’ testimony, the Planning Board has determined it is not prudent to specify an arbitrary number of horse density and had deleted any such number from the ordinance.

Creating a good horse ordinance is quite a challenge. This only solves the question of making horse farms legal. We know of no issues where there seem to be too many horses on a property.

Councilor Schmitt stated that he found the horse owners to be a passionate and compassionate group of people. After meeting with several, he was comfortable with excluding any inclusion of a number.

 

The Council discussed accountability for proper treatment of the horses, and are the horse owners in favor of this change?

 

Councilor Metivier suggested striking through line 19 which still referenced one horse per acre.

President Kinch asked if anyone wished to speak.

1.      Chesley Chmura, 11 Wysteria Drive stated she was grandfathered in; referenced that her grandparents had checked with the town when they started with horses and were told horses fell under “vehicles” at the time.  She wanted the council to know that the 1 acre per horse rule stems from if you are not feeding your horse anything other than natural grass. That isn’t done nowadays, there isn’t enough land. There are many horses with varying needs. Limiting the number of horses depends on the type of horse and conditions. She asked about what zones people could have horses in? Only agricultural? Solicitor Morris-Salvatore responded that there were conflicts with the zoning ordinance brought up by the Planning Board and they would love Ms. Chmura’s input with that. Residential areas vary.

 

2.      Jason Dean, 150 Staples Road, read from the RI general laws and the Cumberland ordinances state that they will update their ordinances to conform with state law. They haven’t.

 

3.      Brad Dean, 109 Staples Road, feels we need to withdraw this ordinance. He referenced articles about the previous building official (Brad Ward) having an opinion that horse farming and incidental activities conform to the town’s ordinances. He later rescinded that under pressure by the town solicitor.

4.      Former building inspector Brad Ward was in the audience. He stated that what he rescinded was his initial approval that the Murphys could go forward and build their riding ring without going through a development plan review. He felt pressured to rescind that approval. He thinks the nonsense has to stop for the Murphys.

 

5.      Brittany Mayer, 150 Tower Hill Road, runs High View Farm on 7 acres with 24 horses. Let this amendment regarding the number of horses stand.

Public hearing closed at 9:48pm.

 

Mayor Mutter commented that there were no people in the room that night that were against horses. There was originally an issue with the Planning Board review about the amount of square feet of land disturbance. The ordinance has been amended and approved.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE #23-31A WITH THE ADDITIONAL STRIKE THROUGH OF LINE 19, BY A ROLL CALL.  VOTE 7/0.

 

PUBLIC COMMENTS

 

Julie Garrett from Wisconsin and the SBA Office of Disaster came to speak about the disaster loan applications that have been initiated in Cumberland from two causes.

1.      Washington Bridge - - 2 Cumberland residents affected.

2.      There have been 26 applications for the September flood damage.

March 7^th 2024 is the deadline for flood damage, September 2024 for the Bridge.

 

Councilor Shaw asked what the percentage of loans had been approved, residential v commercial.

Ms. Garrett responded that so far only one loan has been approved; she encouraged applicants to keep visiting the portal to check on the status of their applications.

 

REPORTS/COMMUNICATIONS

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

     There were none.

B.  Rawson Pond Dam Update  (heard earlier)

 

LICENSES

ENTERTAINMENT LICENSES

1.      An application for a special event entertainment license from Blackstone Valley Garden Club for their Annual Plant Sale to be held at the Monastery on Saturday, May 18, 2024 with permission to set up Friday, May 17, 2024 

 

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

 

2.      An application for a special event entertainment license from Cumberland Parks & Recreation for the Annual Easter Egg ubHunt to be held at Diamond Hill Park the Monastery on Sunday, March 24, 2024 (Possible rain dates Saturday, March 30^th or Sunday, April 7^th)

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND THE AGENDA TO REVISE THE LOCATION TO THE MONASTERY.  VOTE 7/0.

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

VICTUALING LICENSES

1.  An application for a First-Class Victualling House license from RLS Restaurants d/b/a Pat’s Italian Restaurant located at 2000 Mendon Road.

Pending approval from Building Official, Fire Department, Department of Health, Certificate of Good Standing, Retail Sales permit, TIPS certification and Food Safety License.

 

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

2.  A transfer application for a First-Class Victualling House license from Jerry’s Friendly Tap, LLC d/b/a      Jerry’s Friendly Tap, to The Tap, LLC d/b/a The Tap, located at 1225 Mendon Road

Pending approval from Fire Department, Department of Health, Insurance Certificate, Certificate of Good Standing, Retail Sales permit, Food Safety license.

 

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

 

HOLIDAY LICENSES
1.  An application for a Holiday License C&M Beauty Spa LLC located at 180 Broad Street

Pending permit to make sales at retail.

 

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

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING

1.  #23-24B – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (tabled last from January 3, 2023)

 

Councilor Schmitt asked to table this to March 6, 2024.

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 6, 2024, BY A ROLL CALL.  VOTE 7/0.

2.  #23-31 – An ordinance amending the zoning ordinance relating to agricultural uses. (tabled last from January 17, 2024)  (moved up and heard earlier)

 

NEW BUSINESS

A.  CLAIMS

           1.  Joseph Clifford

 

Referred to the Finance Sub Committee

 

          2.  Robert Vinacco

 

Referred to the Finance Sub Committee

 

          3.  Lindsey Mancini

 

Referred to the Finance Sub Committee

 

          4.  Karey Leduc

 

Referred to the Finance Sub Committee

 

          5.  Harry Billington

 

Referred to the Finance Sub Committee

 

          6.  Thomas G. Hetherington

 

Referred to the Solicitor’s office

 

B.     APPOINTMENTS

ELECTRICAL INSPECTOR
1.  Robert R. Stanton, Jr.

 

Mayor Mutter commented that Mr. Stanton was taking over for Mr. Skwirz, whose long-time service has been sincerely appreciated.

 

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

 

C.    RESOLUTIONS

1.  R-24-11 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a memorandum of agreement with Brown Emergency Medicine at a rate of $200/hr.

 

Acting EMS Chief Scott Dessert stated that this was a 3-year agreement codifying our relationship with our EMS physicians, bringing their compensation in alignment with the national average.

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

2.  R-24-12 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase one Konica Minolta Bizhub C658 Copier, Printer, Scanner from Bay Business for Cumberland OCYL in the amount not to exceed nine thousand eight hundred dollars ($9,800).

 

Councilor Metivier asked about the OCYL budget line. Councilor Beaulieu asked if the price was in line with other departments.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/1.

Nay: Councilor Bradley

 

3.  R-24-13 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase two (2) Chevrolet Silverados for the Cumberland Highway Department from Liberty Chevrolet in an amount not to exceed one hundred and ninety-five thousand seven hundred and fifty-three dollars and forty-two
cents ($195,753.42)

 

DPW Director Duarte referenced a previous request for the same vehicles – those trucks previously ordered were cancelled due to a strike; this is in lieu of that purchase and these trucks would be available in 30 days. This is $32,000.00 more than the last request, but the trucks have more included features.

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

 

4.  R-24-14 – A resolution authorizing a change order to BETA Group Inc. in an amount not to exceed three thousand dollars ($3,000) for engineering services related to the onsite wastewater treatment system at the Cumberland highway garage.

 

Mr. Duarte explained the changes related to this resolution.

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

 

5.  R-24-15 – A resolution authorizing a change order to Northern Landscape in an amount not to exceed twelve thousand two hundred dollars ($12,200) for additional services related to the onsite wastewater treatment system at the Cumberland highway garage.

 

Mr. Duarte spoke to unforeseen items that were unknown when the company originally bid on the job.

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

 

6.  R-24-16 – A resolution to approve payment to Kay-Cor Contractors for emergency work done on Westwood Drive as a result of the flooding in an amount not to exceed twenty-nine thousand two hundred and fifty-four dollars and eighty-six cents ($29,254.86).

 

This year’s January rain event have caused several issues; this one with a potentially dangerous gas line.

Councilor Beaulieu asked Mr. Duarte to explain what is remaining to be done on Westwood Drive.

 

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

 

7.  R-24-17 – A resolution to approve payment to Muni-Tech for emergency work done on Westwood Drive as a result of the flooding in an amount not to exceed nine thousand three hundred sixty-eight dollars and fifty-one cents ($9,368.51).

 

Mr. Duarte reported this is part of the roadway restoration – they were not able to salvage the guardrails, this will replace those.

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

 

8.  R-24-18 – A resolution authorizing and empowering Jeffrey J. Mutter to enter into an agreement with Weston and Sampson, CMR, Inc. for the redevelopment of Manville Well #1 for an amount not to exceed thirty-two thousand seven hundred and ninety dollars and zero cents ($32,790.00)

 

Romeo Mendes explained the process of pulling the wellhead every two years, inspecting and cleaning it, and putting it back together.

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

 

9.  R-24-19 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Stoss Landscape Urbanism for the development of a Valley Falls Heritage Park Master Plan in an amount not to exceed eight-nine thousand three hundred and fifty dollars ($89,350)

Sarah King presented this resolution, saying that their allocation is $2,618,159.00 and may go up. This is to be split with the Amaral Building and Heritage Park. The town went out for an RFQ for a master design with Heritage Park and received 11 bids – great, quality responses. These were narrowed to the top five, and ultimately the committee unanimously decided on Stoss primarily because of their commitment to doing community engagement during the process. There will be three community engagement sessions in spring followed by a timeline. They are looking at five months for the master design.

 

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

 

10.  R-24-20 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter a change order agreement with VHB for street tree planting technical assistance in an amount not to exceed one thousand eight hundred and thirty-five dollars ($1,835)

 

Solicitor Morris-Salvatore stated that this is a correction to the original cost estimate not reflected in the resolution.

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

 

 

C.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE     

1.  #24-01 – An ordinance amending the Town of Cumberland’s Sewer Usage Rates (Presented by the Council President on behalf of the Administration)

 

Referred to the Finance Sub Committee

 

2.  #24-02 – An ordinance amending the salary ranges for the Executive Staff and other positions (Presented by the Council President on behalf of the Administration)

 

Referred to the Finance Sub Committee

PUBLIC COMMENTS  

There were none.

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:37PM. 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.