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Michael L. Kinch, At-Large

Council President

James K. Metivier, District 1

Scott R. Schmitt, District 4

Council Member

Council President, Pro Tem

Timothy C. Magill Jr., District 2

Robert G. Shaw, Jr., District 5

Council Member

Council Member

Lisa A. Beaulieu, District 3

Peter J. Bradley, At-Large

Council Member

Council Member

 

MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MAY 19, 2021 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

The regular meeting was called to order at 7:37pm with a roll call of members. Video

 

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; Finance Director Gene Ferrari; Parks & Recreation Director Mike Crawley; Public Works Director Robert Anderson; Police Chief John Desmarais

 

PLEDGE OF ALLEGIANCE Video

 

GENERAL ANNOUNCEMENTS Video

President Kinch reminded everyone that the budget hearings were coming up. The Finance Sub-Committee will meet on May 25, 2021 at 6:00pm. Council budget meetings are May 24, 2021 at 6:30pm; June 2, 2021 at 7:30pm for the first vote; June 7, 2021 at 6:30pm for the final vote.

 

President Kinch also congratulated Brendan and Shane Johnson, Cumberland High School class of 2021 valedictorian & salutatorian, respectively, for a job well done.

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA Video

A.  Acceptance of Minutes of the Special and Regular Meetings of May 5, 2021

 

B.  COMMUNICATIONS

1.  C-21-25Resolution of the Town of Burrillville supporting the legalization of adult recreation use marijuana

 

2.  C-21-26Resolution of the Town of Burrillville requesting the General Assembly to waive the local maintenance of effort (MOE) requirement for schools

 

3.  C-21-27 Resolution of the Smithfield School Committee requesting the General Assembly to support the reimbursement to the school committees for the costs of providing student transportation services to public and private school

 

4.  C-21-28Resolution of the Smithfield School Committee requesting the General Assembly to support any and all legislative proposals that would disallow non-law enforcement to carry concealed firearms onto school grounds.

 

5.  C-21-29 Resolution of the Smithfield School Committee supports a moratorium on the expansion of charters schools and urges the General Assembly to support this moratorium.

 

6.  C-21-30Resolution of the Town of Barrington declaring the first Friday in June to be National Gun Violence Awareness Day

 

7.  C-21-31Resolution of the Town of Barrington requesting that the General Assembly allow local control of tobacco policies

 

8.  C-21-32Resolution of the Town of Barrington supporting legalization of adult recreation use marijuana

 

C.  MUNICIPAL MOBILE FOOD ESTABLISHMENT

      1.  Bonetown Burgers   

      2.  The Ish, LLC

 

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

 

PUBLIC COMMENTS Video

President Kinch paused for public comments. There were none.

 

LICENSES

     A.  HAWKER’S LICENSE

1.   An application for a Hawker’s License from John F. May of Keystone Novelties Distributors, LLC located at 3755 Mendon Road from June 24, 2021 to July 5, 2021 Video

 

President Kinch noted that the final tent inspection by Fire and Building was pending.

 

Alex Mutzabaugh was present for questions.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE SUBJECT TO FINAL TENT INSPECTION APPROVAL, BY A ROLL CALL. VOTE 5/2. 

Nay: Councilors Shaw & Beaulieu

 

2.  An application for a Hawker’s License from John F. May of Keystone Novelties Distributors, LLC located at 30 Industrial Drive from June 24, 2021 to July 5, 2021 Video

 

Councilor Schmitt asked the precise location of 30 Industrial Drive and questioned if the entrance to the tent location is on Industrial Drive or Diamond Hill Road.

Solicitor Morris-Salvatore stated that she thought a little more investigation would be needed to approve the access.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO TABLE TO MAY 24, 2021, BY A ROLL CALL. VOTE 4/3. 

Nay: Councilors Bradley, Shaw & Beaulieu

 

     B.  HOLIDAY SALES LICENSE

1.  An application for a Holiday License from John F. May of Keystone Novelties Distributors, LLC located at 3755 Mendon Road from June 24, 2021 to July 5, 2021 Video

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE SUBJECT TO APPROVAL OF TENT INSPECTION, BY A ROLL CALL. VOTE 5/2.

Nay: Councilors Shaw & Beaulieu. 

 

2.  An application for a Holiday License from John F. May of Keystone Novelties Distributors, LLC located at 30 Industrial Drive from June 24, 2021 to July 5, 2021. Video

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO TABLE TO MAY 24, 2021, BY A ROLL CALL. VOTE 4/3. 

Nay: Councilors Bradley, Shaw & Beaulieu

 

3.  An application for a Holiday License from Cumberland Parcel LLC d/b/a The UPS Store located at 1800 Mendon Rd Video

 

Councilor Schmitt recused himself from this vote by leaving the Zoom meeting momentarily.

 

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

Recused: Councilor Schmitt

 

     C.  ENTERTAINMENT LICENSE

1.  An application for a Special Event Entertainment License from Club Juventude Lusitana located at 10 Chase Street for their annual Saint John’s Feast to be held on Friday, June 25, 2021 and Saturday, June 26, 2021 Video

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO APPROVAL OF FINAL TENT INSPECTION, BY A ROLL CALL. VOTE 7/0. 

          

REPORTS/COMMUNICATIONS

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

      There were none to report.

 

B.  Monthly Department Reports Video

1.  Animal Control

2.  Building Official

3.  Library

4.  Parks & Recreation

5.  Planning Board

6.  Police Department

7.  School Department

8.  Senior Services

9.  Town Clerk’s Office

 

Councilor Schmitt stated that he had read every report. He asked for the Building Department to revise their report to simply list the number of building permits, electrical permits issued, etc., and the School Department to simplify by just referencing the month’s events.

 

President Kinch asked the Town Clerk to notify the building department and the school department.

 

C.  Presentation of the Police Department’s Annual Report Video

Police Chief Desmarais spoke to the difficulties of the past year due to Covid and retirements within the departments. There had been several promotions and new hires. The Chief spoke to the ongoing accreditation process; the reduction in accidents and arrests; the spike in fraud complaints, property checks and the use of force in the department; and responded to questions from the Council.

 

President Kinch commended Patrolman Bannister on the traffic calming program and commented that in general the complaints and grievances in the department are very low.

 

 

D.  Update on the renovations of the Council Chambers Video

 

Chief of Staff Sara Brelsford shared updates on the electrical work, allowing for new lights and outlets on the floor. The floor will be refinished in early June and new furniture will be selected. The Council was asked for input on furnishings.

Sound and video requirements to accommodate the hybrid meeting situation now and in the future were in process. The estimated timing to reinstate meetings within the chambers with be by the end of July.  

 

Solicitor Morris-Salvatore stated, you can meet in person live now, but you have to provide an alternate means of access to the public. This is a fluid situation; legislation will be changing. This new equipment is not being purchased solely to provide hybrid meetings.

 

E.  Revenues and Expenditures Year to Date Video

Mayor Mutter and Finance Director Gene Ferrari gave an overview on the report.

 

F.  Request from the Tax Assessor to review and approve April 2021 abatements and supplemental bills Video

  

TOTAL 2020/2021 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $3,142.99.

  

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

 

TOTAL 2021 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $11,319.30.

  

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

 

TOTAL 2021 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $11,810.401.

  

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

 

TOTAL 2021 TANGIBLE ABATEMENTS IN THE AMOUNT OF $73.63.

  

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

 

NEW BUSINESS

A.  APPOINTMENTS Video

      WATER SUPERINTENDENT

      1.  Bill Descoteaux

 

Mr. Descoteaux thanked the Council and Mayor for the opportunity.

 

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

 

B.  RESOLUTIONS

President Kinch asked to move R-21-25 to the top of the list.

  

     6.  R-21-35A Resolution designating May 2021 as “Brain Tumor Awareness Month” in the Town of Cumberland Video

 

Former Council member Stephanie Gemski, 24 Silver Street, thanked the Council, Mayor and Sarah King for hearing this resolution, and spoke briefly on the topic.

 

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

  

1.  R-21-30A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a change order with Retrofit Technologies for email backup and archiving in an annual amount not to exceed nineteen thousand two hundred sixty dollars ($19,260.00) Video

 

Mayor Mutter gave an overview of what this resolution will accomplish.

 

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

 

2.  R-21-31 – A resolution authorizing and empowering Mayor Jeffrey Mutter to execute two change orders of the existing Senior Center roof replacement contract with Nationwide Construction in an amount not to exceed ten-thousand five-hundred and ninety-one dollars ($10,591.00). Video

 

Recreation Director Mike Crawley explained the change orders to include new soffits and fascia to replace uncovered rotting material that was previously unknown.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/0

Councilor Beaulieu was temporarily offline.

 

3.  R-21-32 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Pare Corporation, Inc of Lincoln, RI to perform a Water System Risk Assessment and Preparation of an Emergency response plan for the Cumberland Water Department in an amount not to exceed forty-three thousand dollars ($43,000.00). Video

 

DPW Director Robert Anderson and Water Superintendent Bill Descoteaux were present and gave an in-depth explanation on this first phase of a nationwide initiative to improve Emergency Response Plans.

 

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

 

4.  R-21-33A resolution establishing assigned fund balances Video

 

Mayor Mutter gave an overview outlining each fund and responded to questions from the Council.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 22 FROM $1,841,700 TO $1,800,000, BY A ROLL CALL. VOTE 7/0

 

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

 

5.  R-21-34A resolution authorizing and empowering Mayor Jeffrey J. Mutter to execute a contract with Rhode Island Resource Recovery Corporation for solid waste and recycling services Video

 

Public Works Director Bob Anderson explained this municipal services agreement for FY2022 and 23. Tonnage rate will be maintained at $47/ton through FY22, ending June 30, 2022, then increases to $54/ton for the next fiscal year. Waste diversion plans for further recycling are continuously updated. The Covid pandemic increased the amount of waste. Percentages of mixed recyclables for April were 26%.

 

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

 

7.  R-21-36A resolution authorizing Mayor Jeffrey J. Mutter to enter into a change order with OpenGov. Inc for software relating to Town Clerk Permitting and Licensing in an amount not to exceed twenty-three thousand forty-four dollars and seventy-one cents ($23,044.71) Video

 

Town Clerk Sandra Giovanelli explained that the current software will no longer be supported by the developer.

 

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

 

 8.  R-21-37A resolution designating May 16 – 22, 2021 as Emergency Medical Services Week in the Town of Cumberland Video

 

Mayor Murray said this was in recognition of our EMS Department and all the efforts of that department and Chief Pliakas with the vaccine rollout and COVID testing. The department was prepared and performed well.

 

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

 

C.  CLAIMS Video

      1. Stephen Devisscher

Referred to the solicitor’s office.

 

ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE Video

1.  #21-11An ordinance establishing the operating budget for the Town of Cumberland’s General Fund for fiscal year 2021-2022

 

2.  #21-12An ordinance establishing the operating budget for the Town of Cumberland’s Water Department for fiscal year 2021-2022

 

3.  #21-13An ordinance establishing the operating budget for the Town of Cumberland’s Sewer Department for fiscal year 2021-2022

 

President Kinch announced the upcoming budget meeting schedule:

 

      FIRST PUBLIC HEARING - Monday, May 24, 2021 at 6:30p.m.

 

      FINANCE SUB-COMMITTEE PUBLIC HEARING - Tuesday, May 25, 2021 at 6:00p.m.

 

      SECOND PUBLIC HEARING & FIRST VOTE - Wednesday, June 2, 2021 at 7:30p.m.

 

      FINAL VOTE - Monday, June 7, 2021 at 6:30p.m.

 

PUBLIC COMMENTS Video

There were none.

 

ADJOURNMENT Video

MOTION BY COUNCILOR SCHMITT, SECONDED BY MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:39P.M.  BY A ROLL CALL. 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.

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