SMITHFIELD TOWN COUNCIL VIA TELECONFERENCE

TUESDAY, MAY 5, 2020

AT 5:00 P.M.

                                   

Present:           Town Council President Suzanna L. Alba

                        Town Council Vice-President T. Michael Lawton

                        Town Council Member Dina T. Cerra

                        Town Council Member Sean M. Kilduff      

                        Town Council Member Maxine A. Cavanagh

                        Town Solicitor Anthony Gallone, Esq.

                        Town Manager Randy R. Rossi

                        Deputy Town Clerk Lyn M. Antonuccio      

 

 

I.          Town Council President Alba calls the Tuesday, May 5, 2020 Smithfield Town Council meeting to order at 5:05 p.m.

 

II.        Town Council President Alba offers a prayer.

 

III.       Matthew Reis, Boy Scout – Troop 1 Greenville – conducts a salute to the flag.

 

IV.       Presentations: None

 

V.        Minutes:

 

A.        Move that the minutes of the April 21, 2020 Town Council open session meeting be approved as recorded.

 

Motion is made by Council Member Lawton, seconded by Council Member Cavanagh, that the minutes of the April 21, 2020 Town Council open session meeting be approved as recorded. Motion is approved by a unanimous 4/0 vote (Council Member Cerra arrives late).

 

VI.       Consider, discuss and act upon the following possible appointments and reappoints: None

 

VII.     Public Hearings:

 

A.        Conduct a public hearing to adopt Chapter 103 of the Code of Ordinances entitled “Smithfield Youth Council”.

 

Council President Alba states that this public hearing is continued from the March 19, 2020 Town Council Meeting. Council President Alba further states that tonight the Town Council will be voting on the adoption of a Code of Ordinance entitled “Smithfield Youth Council”. Council President Alba thanks Council Member Cavanagh for all of her hard work with establishing this ordinance.

Council Member Cavanagh states that she is happy that this Youth Council is finally being established because it is long overdue.

 

Council President Alba explains that the Youth Council will serve as a communications link between young residents of the Town and Town Government, and the members shall consist of young residents representing grades 8 – 12. Council President Alba further explains that the Youth Council will begin in the fall and their duties will include participating in leadership development training, encouraging activities, programs, and projects to be undertaken for and with the youth of Smithfield. Council President Alba also explains that the Youth Council is also good for high school students needing service project credit.

 

School Committee Chair Rose Marie Cipriano asks if the Youth Council is open to students that are residents but they are enrolled a different school. Council President Alba states that the Youth Council is open to students that reside in Town, however, they need to be and remain enrolled in school.

 

Town Manager Rossi states that this Youth Council is based on the Youth Commission established in North Providence, which is involved in town-wide programming with the Parks and Recreation Department implementing events.

 

Council President Alba states that the North Providence Youth Commission is run by a Smithfield resident.

 

Hearing no further comments, Council President Alba closes the public hearing.

 

Motion is made by Council Member Cavanagh, seconded by Council Member Kilduff, that the Smithfield Town Council hereby adopts Chapter 103 of the Code of Ordinances entitled “Smithfield Youth Council”. Motion is approved by a unanimous 5/0 vote. 

 

VIII.    Licenses:

 

A.        Consider approving the annual renewal of one (1) Massage Establishment License, as applied, subject to compliance with all State regulations and local ordinances.

 

1.   Rejuvene Massage Therapy d/b/a “Apple Valley Wellness Center”, 47 Cedar Swamp Road, Unit 18

 

Motion is made by Council Vice-President Lawton, seconded by Council Member Cavanagh, that the Smithfield Town Council approve the annual renewal of one (1) Massage Establishment License, as applied, subject to compliance with all State regulations and local ordinances.

 

2.   Rejuvene Massage Therapy d/b/a “Apple Valley Wellness Center”, 47 Cedar Swamp Road, Unit 18

 

Motion is approved by a unanimous 5/0 vote.

 

B.        Consider approving the annual renewal of one (1) Massage Therapy License, as applied, subject to compliance with all State regulations and local ordinances.

1.   Kimberly L. Lovett working at “Apple Valley Wellness Center”, 47 Cedar Swamp Road, Unit 18

 

Motion is made by Council Member Kilduff, seconded by Council Member Cavanagh, that the Smithfield Town Council approve the annual renewal of one (1) Massage Therapy License, as applied, subject to compliance with all State regulations and local ordinances.

 

1.   Kimberly L. Lovett working at “Apple Valley Wellness Center”, 47 Cedar Swamp Road, Unit 18

 

Motion is approved by a unanimous 5/0 vote.

 

 

C.        Consider approving the annual renewal of a Private Detective License for Mark A. Matteo, 12 Mountaindale Road, Smithfield, RI, as applied, subject to compliance with all State regulations, local ordinances, and final approval of the Smithfield Police Chief.

 

Motion is made by Council Vice-President Lawton, seconded by Council Member Cerra, that the Smithfield Town Council approve the annual renewal of a Private Detective License for Mark A. Matteo, 12 Mountaindale Road, Smithfield, RI, as applied, subject to compliance with all State regulations, local ordinances, and final approval by the Smithfield Police Chief. 

 

Mark A. Matteo, 12 Mountaindale Road, Smithfield, RI

 

Motion is approved by unanimous 5/0 vote.

 

D.        Consider approving a new Mobile Food Truck License for Rhode Island Kona, LLC d/b/a “Rhode Island Kona Ice”, 4 Cider Lane, Smithfield, RI, with RI Reg. number 21700, as applied, subject to compliance with all State regulations and local ordinances.

 

Council Member Cavanagh asks if the Mobile Food Truck License will be required in addition to their Peddler’s License. Deputy Antonuccio explains that the owner of a mobile food truck operating within the Town is now required to register with the state, and this license will replace their Peddler’s License. Council Member Cavanagh also asks if this will now allow non-residents to apply for a Mobile Food Truck License. Town Solicitor Gallone states that non-residents are allowed to operate in the Town once they have registered with the state.

 

Town Manager Rossi explains that while the cost of a Mobile Food Truck License is $75.00 per year, an applicant having an existing restaurant would have a reduced fee of $50.00.

 

Motion is made by Council Member Kilduff, seconded by Council Member Cerra, that the Smithfield Town Council approve a new Mobile Food Truck License, as applied, subject to compliance with all State regulations and local ordinances.

 

Rhode Island Kona, LLC d/b/a “Rhode Island Kona Ice”, to sell only frozen ice from a truck with RI Reg. number 21700, 4 Cider Lane.

 

Motion is approved by a unanimous 5/0 vote.

 

IX.       Old Business: 

None.

 

X.        New Business:

A.        Consider, discuss, and act upon authorizing a request for proposals for construction services for the Esmond Mill Drive Bridge Replacement.

 

Town Engineer Cleary explains that in April 2019 the Town Council authorized design and permit services for the completion of the plans and specifications for the replacement of the Esmond Mill Bridge, and those plans and specifications have been completed by the design engineer hired by the Town. Engineer Cleary further explains that this project is currently pending a permit from the RIDEM, and the financing for this project has been successfully funded over the last four (4) budget cycles, however, the project will need additional funding in the upcoming budget to satisfy the engineer’s estimate for construction. Engineer Cleary states that the in the FY21 budget an additional $675,000 has been requested to cover the balance of the project costs for both professional and construction services.

 

Council Member Cavanagh asks what if it is not possible to incorporate the additional funds into this budget. Engineer Cleary explains that if the inspection is not satisfactory, RIDOT has the authority to close it down. Engineer Cleary further explains that the bridge allows for access to the Waste Water Treatment plant, however, there is also access from Mapleville Road.

 

Motion is made by Vice-President Lawton, seconded by Council Member Cavanagh, that the Smithfield Town Council authorizes the advertisement of a Request for Proposals for the construction services of the Esmond Mill Drive Bridge #124401, pending RIDEM permit issuance, security of FY21 funding and the approval of the RFP by the Town Solicitor. Motion is approved by a unanimous 5/0 vote.

 

B.        Consider, discuss, and act upon authorizing contract amendment #2 with Green International Affiliates in an amount not to exceed $81,914.17 for bid and construction phase services for the Esmond Mill Drive Bridge project.

 

Town Engineer Cleary explains that in April 2019 the Town Council authorized Town Manager Rossi to engage contract with Green International Affiliates to design planned replacement for the Esmond Mill Drive Bridge and to assist the Town with permitting. Engineer Cleary further explains that the plans were completed in February and the permit is currently pending at the RIDEM and is expected to be issued in May, however to fulfill the bid phase, he is requesting authorization to amend the contract with Green International for the balance of the necessary phases to complete the bridge replacement.

Town Manager Rossi asks where the funds will be coming from. Engineer Cleary explains that this project will be funded by both the Capital Improvement budget.

 

Engineer Cleary states that the fees for the construction bid phase (Task 4) and construction phase services (Task 5) are $81,914.17, and those funds are available in the Capital Improvements budget.

 

Council Member Kilduff asks if a police detail will be needed and how much the cost would be. Engineer Cleary states that the cost of a police detail has not been factored into the cost of the project. Engineer Cleary further states that this is a dead-end street, and police detail would not be necessary.

 

Motion is made by Council Member Cavanagh, seconded by Vice-President Lawton, that the Smithfield Town Council authorizes contract amendment #2 with Green International Affiliates, Inc. for tasks 4 and 5 as shown in the 5/13/2019 contract, to include bid and construction phase services for the construction of the Esmond Mill Drive bridge, for a fee not to exceed $81,914.17. Motion is approved by a unanimous 5/0 vote.

 

C.        Consider, discuss, and act upon authorizing contract amendment #7 with Veolia Water in an amount not to exceed $34,813 for design of the emergency replacement of the force main sewer line serving Camp Street Sewer Pump Station.

 

Town Manager Rossi explains that the prior action amount was $301,661.

 

Town Engineer Cleary explains that on August 31, 2019 and September 26, 2019 Veolia Water was notified of sewer leaks along the shoulder of Esmond Mill Drive, near the treatment plant, and upon inspection, a large sewer leak was apparent.

 

Engineer Cleary further explains that in November 2019 the Town Council authorized emergency design repair services and the collection of emergency proposals. Engineer Cleary also explains that as a result of work over the winter months with Veolia and design team Wright-Pierce, a specification package and plan were completed and Veolia Water, on behalf of the Town, sought out construction installation prices from several contractors to complete the replacement of the sewer main.

 

Engineer Cleary states that this is a unique project that crosses underneath the Wonnasquatucket River. Engineer Cleary further states that Veolia Water’s management fee is to manage the shutdown of the pump station and setup a temporary bypass while the line is being replaced. Engineer Cleary also states that the bottom of the pipe has rotted out in numerous places.

 

Council Member Cavanagh asks if the funding has been voted on. Engineer Cleary explains that $500,000 will come from the Capital Improvements and the Sewer Fund. Engineer Cleary further explains that other projects will have to be placed aside in order to complete this one.

 

Motion is made by Vice-President Lawton, seconded by Council Member Cavanagh, that the Smithfield Town Council hereby authorizes an emergency contract amendment with Veolia Water for the replacement of the force main sewer line serving the Camp Street Pump Station for a fee not to exceed $301,661. Motion is approved by a unanimous 5/0 vote.

 

D.        Consider, discuss, and act upon authorizing CDM-Smith to proceed with Task Order 2019-14 under the Master Service Agreement in an amount not to exceed $15,000 for tasks associated with the RIPDES permit review.

 

Town Engineer Cleary explains that on April 14, 2020 the Sewer Authority received the draft RIPDES Wastewater Treatment facilities discharge permit for review. Engineer Cleary further explains that after a preliminary review of the draft permit, there are some constituents and items of concern that have been identified that are contained within the limits RIDEM has imposed in this new permit. Engineer Cleary also explains that it is in the Town’s best interest to render the services of the Sewer Authority’s engineering consultant, CDM-Smith, to assist the Town with services to review the permit,

develop constructive arguments for items of concern and to assist the Town to possibly develop appeals to some of the conditions contained therein.

 

Engineer Cleary states that the necessary evil is under the RIDEM permit review which requires the submission of any comments the Town may have, with the intent to appeal by May 29, 2020.

 

Engineer Cleary further states that there is a benefit to having CDM-Smith involved because there are two (2) one-year extensions which will lock in rates and fees. Engineer Cleary also states that CDM-Smith consists of an “arsenal of experts” that understand the appeals process and the public hearing process renegotiating fair terms.

 

Motion is made by Council Member Cavanagh, seconded by Vice-President Lawton, that the Smithfield Town Council hereby authorizes CDM-Smith to proceed with Task Order 2019-14 for a fee of $15,000 as allowable under the Master Service Agreement dated 10/17/2019. Motion is approved by a unanimous 5/0 vote.

 

XI.       Public Comment

 

Town Engineer Cleary thanks the Town Council for all the good questions that they have asked and for their support.

Council President Alba reminds everyone to stay safe and to continue to follow the Town’s website for up to date information and the process leading to reopening.

 

XII.      Announce any closed session votes required to be disclosed pursuant to Rhode Island General Laws, Sec. 42-46-4.

 

There was no Executive Session meeting scheduled for this evening.

 

XII.      Adjournment

 

Motion is made by Vice-President Lawton, seconded by Council Member Lawton, to adjourn the meeting. Motion is approved by a unanimous 3/0 vote. President Alba and Council Member Cerra are not present.

 

 

Meeting adjourns at 5:49 p.m.

 

 

__________________________________________

Lyn Antonuccio, MPA, CMC Deputy Town Clerk

 

 

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