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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, NOVEMBER 17, 2021 AT 7:30 P.M.
CUMBERLAND PUBLIC SAFETY BUILDING COMMUNITY ROOM
1379 DIAMOND HILL ROAD, CUMBERLAND, RI 02864
VIRTUAL - OPEN SESSION
The regular meeting was called to order at 7:30pm with a roll call of members
MEMBERS PRESENT:
President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Beaulieu and Schmitt
Also present—Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Chief of Police John Desmarais
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Councilor Shaw announced the official opening of Epheta Park on Saturday, November 20, 2021 at 1:00pm.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular Meetings of November 3, 2021, and the Special Meeting of November 10, 2021
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary.
There were none to report.
B. A request from the Tax Assessor to review and approve October 2021 abatements and supplemental bills
President Kinch read the individual totals:
TOTAL 2021 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $2,330.39.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
TOTAL 2021 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $14,071.25.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
C. Update from the School Committee
No report was presented.
D. Monthly/Quarterly Financial Report ending October 31, 2021.
E. Check registers for October 31, 2021.
Councilor Beaulieu questioned the Mayor about automotive repairs and servicing.
F. Department Reports
3. Library
7. School Department
Councilor Beaulieu noted that the Cumberland High School Clef Singers will perform at the library December 15, 2021..
Quarterly Department Reports
3. Public Works
5. Office of Children, Youth, and Learning
PUBLIC COMMENTS
President Kinch paused for public comments. There were none.
LICENSES
A. 2021-2022 LICENSE RENEWALS
SECOND CLASS VICTUALLING HOUSE LICENSE
1. Compass One LLC d/b/a Eurest Dining, 200 Highland Corporate Drive
2. Compass Group USA, Inc. d/b/a Eurest Dining, 2100 Highland Corporate Drive
3. Compass Group d/b/a Compass Group, 1700 Highland Corporate Drive
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
B. VICTUALLING HOUSE LICENSE
1. An application for a second-class victualling house license from Wise Guys Deli Cumberland located at 1700 Mendon Road
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
C. PRIVATE DETECTIVE LICENSE
1. An application for a private detective from Anya Rose
It was noted by Chief of Police John Desmarais that he objected to the license due to the applicant’s lack of qualifications as required by RI General Law.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO DENY THE APPLICATION, BY A ROLL CALL. VOTE 7/0
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #21–22 – An ordinance in amendment of the Comprehensive Plan Ordinance and the Future Land Use Map with reference to Cumberland Assessor’s Plat 18, Lot 173 Public hearing opened at 7:44pm for both #21-22 and #21-23 together.
Councilor Schmitt stated that the Ordinance Sub -Committee voted 2-1 to forward both ordinances to the Council with no recommendations.
Attorney for the applicant Nick Hemond was present via Zoom and spoke to the petition. Property owner Ryan Pearson was also present.
Discussion ensued.
President Kinch asked if anyone wished to speak in favor or against. No one spoke.
Public hearing closed at 8:01pm
Councilor Beaulieu discussed recommendations made by the Planning Board with Solicitor Morris-Salvatore.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE #21-22, BY A ROLL CALL. VOTE 4/3
Nay: Councilors Schmitt, Magill and Bradley
2. #21–23 – An ordinance in amendment of the Code of Ordinances, amending the Zoning Ordinance and Map thereof with reference to Cumberland Assessor’s Plat 18, Lot 173
Public hearing opened at 8:06pm
Councilor Schmitt referred to his previous statements applying to this zone change.
President Kinch asked if anyone wished to speak in favor or against.
Public hearing closed at 8:07pm
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE #21-23 SUBJECT TO THE FOLLOWING CONDITIONS: THE PROPERTY MAY INCLUDE FOUR RESIDENTIAL UNITS IN THE EXISTING BUILDING FOOTPRINT. ANY ADDITION, REDEVELOPMENT OR OTHER CHANGE TO THE STRUCTURE SHALL REQUIRE CONFORMANCE WITH THE CURRENT ZONING REQUIREMENTS UNLESS DAMAGED OR DESTROYED BY FIRE, FLOODING OR OTHER ACT OF GOD; AND THE PROPERTY SHALL PROVIDE TRASH AND/OR GARBAGE COLLECTION AREAS ENCLOSED ON AT LEAST THREE SIDES BY A SOLID WALL, OPAQUE FENCE OR COMPACT PLANTING SCREEN OF AT LEAST 5′ (FEET) IN HEIGHT, IF SUCH AREA IS NOT WITHIN AN ENCLOSED BUILDING OR STRUCTURE. IN ORDER TO PROVIDE ADEQUATE VEHICULAR ACCESS TO AND AWAY FROM DUMPSTERS THERE SHALL BE A MINIMUM CLEARANCE OF 9′ (FEET) BETWEEN ANY SUCH DUMPSTER AND ANY PRINCIPAL STRUCTURE, BY A ROLL CALL. VOTE 4/3
Nay: Councilors Schmitt, Magill and Bradley
3. #21-28 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 62, Lot 17
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 1, 2021, BY A ROLL CALL. VOTE 7/0
4. #21–29 – An ordinance amending the Code of Ordinances and Zoning Ordinance to move and amend provisions relating to holding ponds from General Code to Zoning Ordinance
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 15, 2021, BY A ROLL CALL. VOTE 7/0
Councilor Schmitt noted that this ordinance would be heard by the Ordinance Sub Committee on Thursday, December 2, 2021, 6:00pm in room 4 (four) of the Hayden Center.
5. #21-30 – An ordinance relating to Parks & Recreation (Presented by Council President on behalf of the Administration)
Public hearing opened at 8:11pm.
Resident Mike Friedland expressed concerns about the pricing differences in fields; and asked if the multipurpose fields are accessible to both the schools and the youth organizations. He will attend the next Ordinance Sub Committee meeting.
The public hearing will remain open until December 15, 2021.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 15, 2021, BY A ROLL CALL. VOTE 7/0
Councilor Schmitt noted that this ordinance would also be heard by the Ordinance Sub Committee on Thursday, December 2, 2021, 6:00pm in room 4 (four) of the Hayden Center.
6. #21-31 – An ordinance relating to the requirements for applicants for Police Officer position (Presented by Council President on behalf of the Administration)
Public hearing opened at 8:15pm
Police Chief Desmarais spoke to the existing qualifications for officer applicants. He would like to open up the field to include individuals with two years active or 4 years reserve military service, with an honorable discharge.
Councilors Shaw and Magill agreed with the Chief
Councilor Schmitt stated that at the previous evening’s Ordinance Sub Committee it had been voted 3-0 to send this on to the Council with no recommendation.
President Kinch asked if anyone wished to speak in favor or against.
Resident Deborah Vine made cautionary statements against hiring service members due to PTSD and the perception of militarizing the police force. She suggested additions to the ordinance and asked that the ordinance be tabled.
Chief Desmarais explained the existing screening process for candidates, which covered Ms. Smith’s points.
Councilor Beaulieu expressed here objection to the comments made earlier by a member of the public.
Public hearing closed at 8:30.
RESOLUTIONS:
A. RESOLUTIONS:
1. R-21-64 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Active Network, LLC for collections services relating to programming for the Mayor’s Office of Children Youth and Learning (tabled from November 3, 2021)
Solicitor Morris noted that the contract for the credit card services used by OCYL has an auto renewal, which is against the town’s ordinance. However, OCYL likes the existing vendor’s product and would have to search for another vendor.
Discussion ensued with the Council and Mayor.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS SHAW & METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 1, 2021, BY A ROLL CALL. VOTE 7/0
2. R-21-69 – A resolution authorizing Mayor Jeffrey J. Mutter and the Town Council President Michael L. Kinch to execute a collective bargaining agreement with IAFF, AFLO-CIO, Local 2725 (tabled from November 3, 2021)
Mayor Mutter thanked the Council for their patience on this matter. He gave his appreciation for the efforts for our EMS service for all they have done during Covid and expressed confidence that this agreement would be resolved by the next Council meeting.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 1, 2021, BY A ROLL CALL. VOTE 7/0
NEW BUSINESS
A. APPOINTMENTS
PLANNING BOARD to correct expiration dates on previous agenda
1. Roy A. Costa, Town Council reappointment, term to expire January 31, 2025
2. Harry J. MacDonald, Mayor’s reappointment term to expire January 31, 2025
3. Maria Vracic, Mayor’s reappointment, term to expire January 31, 2025
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
OPEN SPACE COMMISSION to correct expiration dates on previous agenda
1. Marcel Beausoleil, Land Trust liaison appointment, term to expire January 31, 2023
2. Melissa Travis, resident reappointment, term to expire January 31, 2023
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
CONSERVATION COMMISSION
1. Susan Evers, new appointment, term to expire January 31, 2023
2. Zackary Simpson, new appointment, term to expire January 31, 2023
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
JUVENILE HEARING BOARD
1. Dave Lamoureux, reappointment, term to expire December 31, 2024
2. Andrea Trottier, reappointment, term to expire December 31, 2024
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
HISTORIC DISTRICT COMMISSION
1. Joe Santoro, reappointment, term to expire December 31, 2024
2. Arthur H. Schacht, reappointment, term to expire December 31, 2024
3. Joyce A. Hindle Koutsogiane, reappointment, term to expire December 31, 2024
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
LIBRARY BOARD OF TRUSTEES
1. Nancy Chaput, reappointment, term to expire December 31, 2024
2. Will Enestvedt, reappointment, term to expire December 31, 2024
3. Joyce Polucha, reappointment, term to expire December 31, 2024
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
SENIOR SERVICES ASSISTANT
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
B. CLAIMS
Referred to the Finance Sub Committee
C. RESOLUTIONS
1. R-21-72 – A resolution recognizing November 27, 2021 as Small Business Saturday in the town of Cumberland
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
2. R-21-73 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Johnson Control for work to be completed on the Cumberland Library Fire Alarm Panel in an amount not to exceed thirteen thousand seven hundred and forty-two dollars and eighty-five cents ($13,742.85)
Library director Celeste Dyer, 65 Rebecca Street, Coventry, gave details on the aging equipment and the need for a new panel.
Mayor Mutter spoke to the budget line items that were available.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:55PM, 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.