MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 21, 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 7:30pm with a roll call of members.   

 

MEMBERS PRESENT:

Members person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Beaulieu, and Schmitt.

 

Also present: Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah F. King; Town Solicitor Kelley
                       Morris Salvatore; Town Clerk Sandra M. Giovanelli; DPW Director Joe Duarte

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch stated that if there were no objections, he would move the Rawson Pond Dam resolutions up; and read both titles into the record as they would be addressed jointly. Mr. Kinch also announced that Councilor Metivier was going to recuse himself from any votes on these two matters.

 

DPW Director Joe Duarte related that the engineers from Pare Corporation had provided a report and diagrams illustrating reconstruction of the dam façade and what materials would be used in that construction of the temporary dam. From here, this report will go to the DEM who will review the plans, make a determination and tell what permitting might be required. At this point this is an emergency repair of the dam and will bring the water up to 4′ - 5′, not the previous 8′. There isn’t a long life for this, it’s a measure to buy time until decisions are made down the road as to how to proceed.
To proceed with a permanent dam will take more oversight from DEM and grander plans from the engineers.

 

Regarding JH Lynch & Sons – the town met with them and reviewed the design concepts. Conditions may change and the design with it. Lynch is prepared to move quickly and doesn’t think it will take long to do this, but it depends on DEM’s timing. Mr. Duarte cautioned that if the dam and pond are recreated and it is later determined that the town wants to remove them, they may have to now apply for a significant alteration permit from DEM to remove the dam and would be under the oversight of biologists and wetlands experts.

 

Engineering experts from Pare Corporation need to review this proposal with DEM and come back with an answer.

Mayor Mutter agreed that at this point we don’t have DEM clarification; but feels that further delays would not result in the solution he would be advocating for. The town is still going to engage Pare under the on-call list and have a conversation with DEM. He is personally disposed to putting water back into the pond and had reached out to DEM today asking to set up a meeting as soon as possible.

 

Discussion ensued with the Council, Mayor and Mr. Duarte regarding details, time frames, possible options.

 

Mr. Duarte commented that this occurrence is almost a case study for DEM and they may not have quick answers. They’re thinking about the situation but the laws currently on the books are easy; a man made pond is different than nature made. Asking for emergency repairs is an easy permit process; DEM would likely come along with restoring to the original dam height later. Right now the current temporary solution will only buy some time.

 

Mayor Mutter stated, we’re trying to be as transparent as possible. He has no problem with passing this resolution and doing the temporary dam; he discussed striking some language in resolution R-24-21, on page 3 of Pare’s contract. We will tell DEM we’re putting water in the pond, let them tell us no.  

 

There was further discussion on tabling the second resolution for now.

 

1.      R-24-21 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Pare
                 Corporation for design, permitting, and construction phase dam consulting services for the Rawson
                 Pond dam in an amount not to exceed forty-four thousand and fifty dollars ($44,050).

Solicitor Morris Salvatore suggested revising the language of section 1 of the resolution by adding at the end of the sentence, “subject to striking Task 1 listed on page 3 of the contract”. She cautioned that Pare may not want to remove that language. After further discussion she suggested changing the language to “Subject to amending the contract to remove any reference to committing to a permanent solution.”

 

Councilor Schmitt asked Mr. Duarte how he came to be concerned about the permanency of restoring the pond. Mr. Duarte stated that he had spoken to wetlands specialists, and DEM isn’t yet sure what to advise.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCIL PRESIDENT KINCH, AND IT IS UNANIMOUSLY VOTED TO ADD LANGUAGE AT THE END OF SECTION 1, LINE 35 TO READ:
“, SUBJECT TO AMENDING THE CONTRACT TO REMOVE ANY REFERENCE TO COMMITTING TO A PERMANENT SOLUTION”. 
VOTE 6/0.
Recused: Councilor Metivier

President Kinch asked if anyone from the public wished to speak.

Robert Goyette, 13 Pleasant Street, encouraged the council to go to DEM. He referenced illegal dams having been built in years past, if it was found this had been an illegal dam DEM may issue fines.

Lynne Summers from Old Meadows Lane – did anyone get flooded when this dam let go? To her this should be a small repair.

Keith Davignon, 75 Newell Drive spoke on behalf of families on Rawson Pond. He has constantly monitored the levels of the pond for years; from reading the proposals put out, the repair will bring the level to within a foot of the previous spillway. There will be some dry areas; the amount of water restored will go a long way to reestablishing the eco levels that were there before. It would be nice to be a foot or two higher. Rawson Pond residents are here to give their support to the approval of the resolution. People currently selling their houses are now in limbo. Residents of the area are heavily invested in the pond and area.

Jason Cupp, 16 Rawson Road, spoke passionately about the pond and area.

An unidentified resident stated that there is real risk to people around the pond and to the rest of the town as well if the pond is not restored. It would be a disservice.

Mark Dalton, 99 Newell Drive related that on one Friday shortly after the dam gave way, there was a meeting with the Mayor and DEM in attendance in his back yard to look at the dam. He asked the head of the DEM “if this has to be a million-dollar repair?” He said “no”.

This concluded the public comment. President Kinch asked for a motion to approve.

Councilor Beaulieu thanked the residents for speaking. She spoke to her time on the Council at the time when the vote was made to purchase the dam. She wanted to verify that the urgency presented to the Council at the time really wasn’t there, and she expects clarification and details going forward.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED.  VOTE 6/0.
Recused: Councilor Metivier

      2.  R-24-22 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the services of J.H. Lynch & Sons Inc. for the construction of an emergency temporary spillway at the Rawson Pond Dam in an amount not to exceed two hundred and eighty-nine thousand five hundred and forty-three dollars ($289,543)

Mayor Mutter stated that he wanted to table this so the Council is not obligating itself to some other fix down the road and wants to get clarification from DEM that they can’t see yet.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE.  VOTE 5/1.
Nay: Councilor Schmitt
Recused: Councilor Metivier

CONSENT AGENDA

A.    Acceptance of Minutes of the Regular Special Joint Meeting with the School Committee and the Regular Meeting of February 7, 2023.            

B.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE 

1.  YAPA, LLC d/b/a Yagi Food Truck

2.  Teddi’s Food Truck, LLC

 

C.  COMMUNICATIONS

1.  C-24-05 – A resolution from the Town of Hopkinton in support of Rhode Island League of Cities and Towns 2024 Legislative priorities

 

2.  C-24-06 – A resolution from the Town of Richmond opposing the 3 New Elementary School Initiative; known  as “Option A” proposed by the Chariho Regional School District Administration and School Committee

 

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

 

PUBLIC COMMENTS

Robert Goyette, 13 Pleasant Street, questioned if he could keep chickens. The solicitor recommended he speak to the zoning office.

 

REPORTS/COMMUNICATIONS

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

There were none to report.

 

B.  Update from the School Committee

Denis Collins stated that enrollment continues to exceed two projections; the current enrollment is 5,090; it is the highest number to date since 1973 and includes 17 students who returned from BVP this last quarter. equating to savings of approximately $100,000.00 to the budget. Increased enrollment also means more state aid as enrollment numbers affect that aid formula.

 

Councilor Magill asked for data on the number of students currently at BVP. Councilor Shaw asked if we get know why students leave for BVP.

 

Mr. Collins said that redistricting has been very challenging and sometimes contentious – the final vote will be on March 14^th in order to open Kindergarten enrollment.

 

Councilor Beaulieu asked if the School Committee was consulting with the Planning Department about the eventuality of the Ann & Hope Mill conversion to residential apartments when they are looking at student population.

 

C.  Discussion on Public School Renovations Building Committee

Mayor Mutter stated he was bringing this up to poll the council’s opinion. Currently there is a Public School Renovations Building Committee; given the recently passed school bond, does the Council want to appoint a completely new building committee, or continue with the existing committee? He has inquired if the current committee members would want to continue – at least one person has opted out. The mayor will provide a list of the current members to the Council indicating those who would be willing to continue to serve; perhaps the Council would like to look for members to fill any openings. This topic will go on the March 6, 2024 agenda.

 

D.  Discussion on RIGL 31-19.6-1 Low Speed Vehicles in effect July 1, 2024

President Kinch reported that this notification was sent out via the police chief’s association. Mr. Kinch wanted to get this in front of the Ordinance Sub-Committee in case we wanted to restrict these vehicles in any way or leave it alone. Discussion ensued as to what these electric vehicles are, their limitations and how they might fit in with existing traffic on roads with a speed limit of no more than 35mph. President Kinch said that he doesn’t want someone to purchase a vehicle and then have the municipality later veto it. Councilor Schmitt will ask the police chief to attend the next Ordinance Sub Committee meeting.

 

E. Monthly/Quarterly Financial Report ending January 31, 2024 – no discussion

 

F.  Check registers for January 31, 2024 – no discussion

 

G.  Request from the Tax Assessor to review and approve January 2024 abatements and supplemental bills

There were no abatements or supplementals for the month of January 2024

 

 

H.  Department Reports

1.  Animal Control

2.  Building Committees

3.  Building Official

4.  EMS

5.  Library

6.  Parks & Recreation

7.  Planning & Community Development

8.  Police Department

9.  Senior Services

10. Town Clerk’s Office

 

LICENSES

ENTERTAINMENT LICENSE  
1.  An application for an entertainment license from Valley Park Pub located at 17 Mill Street

Everything was in order for this license.

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

 

2.  An application for an entertainment license from Friendly Greene LLC, d/b/a The Tap located at 1225 Mendon Road

Everything was in order for this license.

 

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

 

 

HOLIDAY LICENSES

1.  An application for a holiday license from the Smoke Break located at 391 Mendon Road

Pending retail sales permit.

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

 

PRIVATE DETECTIVE

1.  An application for a private detective license from Samuel Corso, 138 Idlewoods Drive, Swansea, MA

Everything was in order for this license.

 

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

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING    

1.   #23-30 – An ordinance authorizing a memorial for Ray Andrews at Garvin Elementary School

                           (tabled from December 20, 2023)

Public hearing opened at 9:24pm

This will go before the Ordinance Sub Committee for their upcoming meeting.

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

 

2.  #24-01 – An ordinance amending the Town of Cumberland’s Sewer Usage Rates (Presented by the Council President on behalf of the Administration)

 

Public hearing opened at 9:26pm

 

DPW Director Joe Duarte explained the increase in rates for both single family dwellings and commercial property. The ordinance is changing to be consistent with the approved budget.

Public hearing closed at 9:27pm

Councilor Magill noted that the Finance Sub Committee had heard this on February 16, 2024 and approved it 3-0.

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

 

3.  #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)

 

Councilor Magill stated that was also on the Finance Sub Committee agenda on February 16, 2024; the Mayor had asked to table.  

 

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

 

NEW BUSINESS

A.  CLAIMS

     1.  Jason Kirkpatrick

Referred to the Finance Sub Committee

 

     2.  Michael & Diane Baron

Referred to the Finance Sub Committee

 

 

B.  RESOLUTIONS  (heard earlier)

1.  R-24-21 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Pare Corporation for design, permitting, and construction phase dam consulting services for the Rawson Pond dam in an amount not to exceed forty-four thousand and fifty dollars ($44,050).

 

2.  R-24-22 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the services of J.H. Lynch & Sons Inc. for the construction of an emergency temporary spillway at the Rawson Pond Dam in an amount not to exceed two hundred and eighty-nine thousand five hundred and forty-three dollars ($289,543)

 

PUBLIC COMMENTS

Councilor Beaulieu commented that apropos of the discussion about school redistricting, looking at the plans for the number of units at the Ann & Hope Mill there were 230 1-bedroom units, and 11 2-bedroom units approved.

Resident Robert Goyette asked the status of a proposed ordinance prohibiting recreational vehicles being parked on the street and asked what happened to that? He is concerned about the potential for people trying to park on the street and live in their vehicles. He also asked about the parking ordinance that had been proposed.

 

President Kinch responded that regarding the first ordinance, after meeting with the original complainants the offending vehicle was removed, the complainants reconciled their differences and the ordinance was dropped for now.

 

Regarding the parking ordinance, it is on the next Ordinance Sub-Committee meeting agenda and is open to the public to attend if he would like to voice his concerns there.

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:32PM. 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.