MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JANUARY 6, 2021 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

 

The regular meeting was called to order at 7:35pm with a roll call of members.

 

MEMBERS PRESENT:

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

 

Also present— Mayor Jeffrey Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Police Chief John Desmarais

 

President Kinch stated that in accordance with Governor’s Raimondo’s Executive Order 20-25 (relaxing the Open Meetings Act requirements) this meeting will be available to the public by video or telephone conference.  All members of the Town Council will be participating remotely. Members of the public can listen and/or participate by clicking on the link posted on the agenda, or by calling any of the numbers listed on the agenda. This meeting will also be livestreamed on Clerk base by clicking on the link on the town website.

 

Comments can be emailed to publiccomments@cumberlandri.org including your name, address, and statement. Only comments including all required information will be read into the record.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Mayor Mutter informed the Council that Deputy Finance Director Irina Gorman and Tax Assessor Ken Mallette were leaving the Town of Cumberland to work for other communities and thanked them for their service to the Town.

 

President Kinch announced that the Land Trust was going to put together a press release inviting people to visit various town parks.

 

Councilor Beaulieu thanked the community for participating in the first Community Lights contest.

 

Councilor Beaulieu asked that the Council receive periodic department reports as had been done in years past. Solicitor Kelley Morris-Salvatore stated that this would need to be established through an ordinance or a resolution for this Council’s term, and would need to know which departments would be included and the extent of their reporting.

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special Meeting of December 16, 2020, the Regular Meeting of December 16, 2020.

 

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

 

PUBLIC COMMENTS

President Kinch paused for public comments. There were none.

 

LICENSES

A.  PRIVATE DETECTIVE RENEWALS:

           1.  Michael Reilly  

 

           2.  Douglas Belknap

 

The Town Clerk reported that everything was in order for these renewals.

 

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

 

REPORTS/COMMUNICATIONS

A.  Library Board of Trustees – noting the correct term expiration date for Erin Redihan to December 31, 2023.

      (replaced Marianne Mulholland due to resignation)

 

B.  Board of Canvassers – noting the correct term expiration date for Mike Connor to March 1, 2025.

      (replaced Patricia Alger due to resignation)

 

C.  Letter to Council from Mayor Mutter regarding Appointments

      Mayor Mutter had asked for an extension of his appointments to the January 20, 2021 meeting.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #20-22 – An ordinance establishing a new Article to address the use of recreational fire pits within the Town of Cumberland (Presented by the Council President on behalf of the Administration)

 

Public hearing opened at 7:51pm

 

President Kinch asked if anyone wished to speak in favor or against.

 

Public hearing closed at 8:24pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU AND METIVIER, AND IT IS UNANIMOUSLY VOTED TO AMEND THE AGENDA TO LIST COUNCILOR SHAW AS THE ORDINANCE SPONSOR.  VOTE 7/0. 

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #20-22A IN PLACE OF #20-22, BY A ROLL CALL. VOTE 7/0. 

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 44 BY STRIKING, “AND AT COMMERCIAL AND INDUSTRIAL PROPERTIES”, BY A ROLL CALL. VOTE 7/0. 

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO AMEND BY STRIKING LINE 63, BY A ROLL CALL. VOTE 7/0

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO AMEND BY STRIKING LINE 64, AND RELETTERING THE ENTIRE SECTION, BY A ROLL CALL.
VOTE 7/0

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO AMEND LINE 68 BY ADDING “AND/OR FLAMMABLE” BEFORE “MATERIALS.” ADDING A NEW SENTENCE THAT READS, “THE FIRE CHIEF MAY REDUCE MINIMUM REQUIRED DISTANCE AFTER INSPECTION, WITH APPROPRIATE CONDITIONS, AND SHALL PUT SUCH PERMISSION IN WRITING”, BY A ROLL CALL. VOTE 7/0

 

Local business owner, Ted Vecchio, 97 Cottage Street, Pawtucket; verified that fire pits constructed in a grassy area we eligible for inspection and potential approval.

 

David Elsbree, 31 Oak Ridge Drive, asked about the size restrictions listed in lines 66 & 67. How is the height dimension measured? The fire pit he was considering purchasing is listed as 42″ high. Councilor Shaw said the 3′ X 2′ dimensions in the ordinance referred to the actual flame width and height.

 

Deborah Vine Smith, Colonial Avenue, questioned details of the ordinance. Ms. Smith read an article about root fires traveling underground, and spoke to various communications she had from USDA and DEM.

 

Councilor Bradley verified with police Chief Desmarais that the noise ordinance has a time limit of 10:00pm. Mr. Bradley suggested putting that same end time on this ordinance.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS VOTED TO APPROVE #20-22A AS AMENDED, BY A ROLL CALL. VOTE 6/1.

Nay vote:  Councilor Bradley   

 

2.  #20-29 – An ordinance authorizing the placement of stop signs at the intersections of Hines Road and Waumsett Ave. and Hines Road and Pequot Ave. (Presented by the Council President on behalf of the Administration)

 

Public hearing opened at 8:25pm.

 

Councilor Schmitt stated that the Ordinance Sub-Committee had voted favorably 3-0 to send this to the Council.

 

Councilor Beaulieu commented that this was the recommendation given by Officer Bannister after the traffic calming study had been done.

 

President Kinch asked if anyone wished to speak in favor or against.

 

Deborah Vine Smith made comments and suggestions on the number of stop signs.

 

The Council discussed enforcement/violation numbers after the temporary signs were put up.

 

Public hearing closed at 8:33pm.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.

Nay vote:  Councilor Bradley 

 

3.  #20-30 – An ordinance relating to Secondhand Goods and Fees (Presented by the Council President on behalf of the Administration)

 

Public hearing opened at 8:37pm.

 

Councilor Schmitt requested that this matter be tabled one more time to allow for the Ordinance sub-committee to review the significant rewrite provided by the Solicitor.  

 

Public hearing closed at 8:39pm.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 3, 2021, BY A ROLL CALL. VOTE 7/0. 

4.  #20-31 – An ordinance amending the salaries of the Executive Staff and Other Positions (Presented by the Council President on behalf of the Administration)

 

The ordinance was withdrawn at the request of the Administration.  A new ordinance will be presented for permission to advertise later in the agenda under New Business.

 

5.  #20-32 – An ordinance relating to Sewer Use Fees and removing the requirement for the sewer deficit reduction fee (Presented by the Council President on behalf of the Administration)

 

Public hearing opened at 8:41pm.

 

Mayor Mutter requested the matter be tabled to the next meeting.

 

Public hearing closed at 8:42pm.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 20, 2021, BY A ROLL CALL. VOTE 7/0. 

 

NEW BUSINESS

A.  APPOINTMENTS

      1.  PLANNING BOARD:

           1.  Re-appointment of David Coutu, Mayoral Appointment-term ending January 31, 2024

 

This is a Mayoral appointment. No Council vote was necessary.

 

           2.  Re-appointment of Isabel Reis, Mayoral Appointment-term ending January 31, 2024

 

This is a Mayoral appointment. No Council vote was necessary.

 

           3.  Re-appointment of Christopher Butler, Council Appointment-term ending January 31, 2024

 

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

     

B.  RESOLUTIONS:

1.  R-21-01 – A resolution authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase two (2) 2020 Ford Police Utility AWD Black vehicles not to exceed $68,079.60 ($34,039.80 each).

 

Public hearing opened at 8:45pm.

 

Chief Desmarais gave an overview of the resolution. This is a piggy-back bid with the Greater Boston Police Council; the money was budgeted and comes out of the annual replacement account for two vehicles.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 31 BY REMOVING “THREE”, BY A ROLL CALL. VOTE 7/0. 

 

Public hearing closed at 8:49pm.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-21-01A, AS AMENDED, BY A ROLL CALL. VOTE 7/0. 

 

2.  R-21-02 – A resolution authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase equipment to upfit one (1) 2020 Ford Police Utility AWD Black vehicle from Global Public Safety in an amount not to exceed $18,565.38

 

Public hearing opened at 8:50pm.

 

Chief Desmarais reviewed the resolution for outfitting only one of the new vehicles included in the previous ordinance. Global Public Safety will remove equipment from an existing, older cruiser to outfit the second new vehicle at a greatly reduced price.

 

Public hearing closed at 8:53pm.

 

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

 

3.  R-21-03 – A resolution authorizing Mayor Jeffrey J. Mutter and the Town Council President Michael J. Kinch to execute a collective bargaining agreement with the IAFF, AFL-CIO, Local 2725

 

Public hearing opened at 8:54pm.

 

Mayor Mutter spoke to the resolution representing the EMS department. Paperwork to begin negotiations has been signed in order to work on this contract to begin on July 1, 2021. A budget amendment may be required for the interim period.

 

President Kinch asked if anyone wished to speak in favor or against.

 

Public hearing closed at 8:58pm.

 

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

 

4.  R-21-04 – A resolution authorizing the Finance Director to pay Colliers International an amount not to exceed forty-three thousand, eight hundred twenty-four and 32/100 dollars ($43,824.32)

 

Public hearing opened at 9:00pm.

 

Mayor Mutter commented that this was associated with ongoing projects being done for the schools through the bond referendum.

 

Public hearing closed at 9:05pm.

 

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

 

5.  R-21-05 – A resolution authorizing the Finance Director to pay Torrado Architects an amount not to exceed twelve thousand, three hundred forty-five and 97/100 dollars (12,345.97)

 

Mayor Mutter asked to table this resolution so that he might have further discussion with the school department.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE JANUARY 20, 2021, BY A ROLL CALL. VOTE 7/0. 

 

6.  R-21-06 – A resolution discharging the Public Safety Complex Building Committee

 

Public hearing opened at 9:09pm.

 

Mayor Mutter commented that this would be an appropriate now that the project was complete.

 

President Kinch asked if anyone wished to speak in favor or against.

 

Deborah Vine Smith, Colonial Avenue, commented that she felt that this building wasn’t built to meet sustainable standards, and hoped that improvements could be made going forward to make it so. With that in mind, she did not think the Building Committee should be discharged.

 

Public hearing closed at 9:14pm.

 

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

 

C.  ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE:

1.  #21-01 – An ordinance relating to accessory family dwelling units (Presented by the Council President on behalf of the Administration)

 

Referred to the Ordinance Sub-Committee.

 

2.  #21-02 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances with reference to Cumberland Ordinance #09-25, and Cumberland Assessor’s Plate 33, the Town of Cumberland ordains

 

Referred to the Ordinance Sub-Committee and the Planning Board.

 

 3.  #21-03 – An ordinance amending the salaries of the Executive Staff and Other Positions (Presented by the Council President on behalf of the Administration)

 

Referred to the Finance Sub-Committee.

 

PUBLIC COMMENTS

Deborah Vine Smith, Colonial Avenue, requested that Town of Cumberland negotiate with the DOT for installations of pack basins to reduce flooding on Diamond Hill Road between Pennsylvania Avenue and the post office before the road is repaved from the water pipe installations.

 

ADJOURNMENT

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN BY A ROLL CALL VOTE AT 9:20P.M.  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.

ADDITIONALLY, THE DVD OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY.