MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, OCTOBER 20, 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 7:41pm with a roll call of members

 

MEMBERS PRESENT:

President Kinch, Councilors Bradley, Metivier, Beaulieu and Schmitt

Absent: Councilors Magill & Shaw

Also present—Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Planning Director Jonathan Stevens

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Meeting of October 6, 2021

 

B.  COMMUNICATIONS

      1.  C-21-53 – Notification of public hearing from City of Attleboro Zoning Board of Appeals

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

PUBLIC COMMENTS

President Kinch paused for public comments. There were none.

 

LICENSES

A.  SPECIAL EVENT ENTERTAINMENT LICENSE

           1.  An application for a special event entertainment license from Robert McCoy, Jr. for a special event entertainment license for Fit Challenge, to be held at Diamond Hill Park, 4097 Diamond Hill Road on April 9, 2022

Pending insurance certificate and signed lease agreement.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

A.  JUNK AND SECONDHAND GOODS DEALER LICENSE

      1.  An application for a junk and secondhand goods dealer from Moulton Enterprises Inc., d/b/a Dead Jeep located at 120 Ralco Way (tabled from September 15, 2021)

 

President Kinch asked to hear this after zoning change ordinance #21-21 is heard and voted upon.

 

7.  REPORTS/COMMUNICATIONS

     A.  Report of Executive Session vote(s), as may be necessary. There were none.

 

     B.  A request from the Tax Assessor to review and approve September 2021 abatements and supplemental bills

President Kinch read the individual totals:

 

TOTAL 2021 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $5,665.00.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

TOTAL 2021 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $208.60.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

TOTAL 2021 TANGIBLE ABATEMENTS IN THE AMOUNT OF $14,012.31.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

     C.  Update from the School Committee

 

Denis Collins from the School Committee reported on three items:

School construction:  the foundation for the new wing at Cumberland Hill is in process, demolition nearly complete.
The new offices at the Transitional Building are nearing completion with move in slated for late next week. Final work on the security gates and blacktop area between the high school and the wellness center is winding down. A new playground is being installed at the transitional building.

 

Academic updates:     RICAST scores are coming out soon; the admin team will take the information and move forward. A dip in the scores is anticipated due to COVID-19. Ashton School team members are traveling to Washington in November to receive the Blue Ribbon school award.
                     

COVID-19:               Reduced case numbers and a possible new vaccine for children ages 5-11 is positive news.                     

 

     D.  Monthly/Quarterly Financial Report ending September 30, 2021.

           Budget to Actual

 

     E.  Check registers for September 30, 2021.

 

     F.  Department Reports

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

          

No vote was required.

 

    G.  Mayor to Discuss Diamond Hill Park

Mayor Mutter spoke to the upcoming organizational meeting of the new Parks & Recreation Building Committee. We need to review the funding and direct the Committee with project prioritization and come up with an overall plan.

 

Councilor Beaulieu commented that the Council needs to understand what the scope and scale of the projects are to be able to make a determination.

 

Discussion ensued on financing, building type, additional projects etc.

 

8.   OLD BUSINESS

     A.  ORDINANCES FOR PUBLIC HEARING:

           1.  #21-21 –An ordinance in amendment of the Code of Ordinances, amending the Zoning Ordinance and Map thereof with reference to Cumberland Assessor’s Plat 1, Lots 96 and 97          

 

Public hearing opened at 8:08pm

 

Attorney Nicholas Hemond from Darrow Everett LLP in Providence spoke on behalf of the petitioner, Moulton Enterprises. He gave a brief history of the business. The type of online e-commerce this business utilizes does not fit any of the town licenses by description; it isn’t a junk yard, auto body shop or auto repair shop – undriveable vehicles are stripped and the pieces are sold online. The proposed ordinance is tailored to allow them to do business.

 

Councilor Schmitt reported that the Ordinances Sub-Committee did not have a specific recommendation but would like to see this done. The subcommittee proposed couple of specific changes:

1. the planning department recommended changing language on page 21 “from 72 hours” to “three business days”.

2. Councilor Schmitt wants language in the Ordinance that is enforceable and asked, does it make sense to remove the online sales reference of 75%? We have no way of knowing the percentage or enforcing it. Town Solicitor Morris-Salvatore agreed the 75% could be struck.

3. Councilor Schmitt asked if the language “no more than 20 vehicles on the property”…. encompassed just the Cumberland lot, or the adjacent Attleboro property as well. The town solicitor responded that the intent is for the business to have no more than 20 cars present at any time.

 

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

 

Ted Vecchio, 584 Bound Road, Woonsocket, stated that as a business owner on that road, he will attest that this business is extremely well run, as one of the largest Jeep retailers of used parts in the world. There are no issues with traffic or blocking the road, it is efficient and clean and the cars are moved out regularly. A class act and standup organization.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO AMEND #21-21 to #21-21A AND CHANGE LINE 21 TO READ “…AND ARE ON THE PREMISES FOR NO LONGER THAN 72 THREE BUSINESS DAYS.” AND STRIKE THE BALANCE OF THE SENTENCE WHICH RUNS OVER INTO LINE 22, BY A ROLL CALL. VOTE 5/0

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL. VOTE 5/0

 

Public hearing closed at 8:21pm

 

LICENSES  (moved down from original placement)

A.  JUNK AND SECONDHAND GOODS DEALER LICENSE

      1.  An application for a junk and secondhand goods dealer from Moulton Enterprises Inc., d/b/a Dead Jeep located at 120 Ralco Way (tabled from September 15, 2021)

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

 

2.  #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

3.  #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

 

Counselor Nicholas Hemond asked to table these two ordinances.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE #21-22 AND #21-23 TO NOVEMBER 17, 2021, BY A ROLL CALL. VOTE 5/0

 

4.  #21-26 – An ordinance authorizing the placement of stop signs and one way signs in the development known as Hidden Meadow (Presented by President Kinch on behalf of the Administration)

 

Councilor Schmitt reported that the Ordinances Sub-Committee had met on this and forwarded it to the Council 3-0 without recommendation for lack of supporting documentation from the police department. That documentation came this evening from Officer Bannister.

 

Public hearing opened at 8:28pm  

 

Public hearing closed at 8:29pm

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

5.  #21-27 – An ordinance authorizing the placement of a Stop Sign at the intersection of Iroquois Road and Phillips Avenue (Presented by Councilor Beaulieu)

 

Councilor Beaulieu stated that this was by request of a constituent.

 

Councilor Schmitt reported that the Ordinances Sub-Committee had met on this and forwarded it 3-0 to the Council with full recommendation and support of the police department.

 

Public hearing opened at 8:31pm

 

Public hearing closed at 8:31pm

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

 B.  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 October 6, 2021)

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 3, 2021, BY A ROLL CALL. VOTE 5/0

 

9.  NEW BUSINESS

     A.  RESOLUTIONS

1.  R-21-65 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Warwick Tree Acquisition Corp/DBA Warwick Tree Service Inc. For an amount not to exceed forty-eight thousand five hundred dollars and zero cents ($48,500.00)

Planning Director Jonathan Stevens stated that there had been no tree maintenance at Heritage Park in over 30 years. The resulting growth of 50 mature Norway Maples, an invasive species, obscures the views into the park. As per the Park conservation management plan these trees will be cut and removed over a five-day period with notification to DEM.

Mr. Stevens responded to Council questions.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

2.  R-21-66 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase two Abbott Handheld Lab Analyzers from Henry Schein Inc. of Melville, New York in an amount not to exceed twenty-three thousand one-hundred and fifty dollars and fifty-eight cents ($23,150.58)

 

Mayor Mutter gave a brief overview of the product.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

3.  R-21-67 – A resolution relating to development of the Community Resources Manual and the Adoption of the New Community Health and Resources Manual

 

Community Outreach Coordinator Sarah King spoke to the original manual she had created two years prior. The need and demand for information and services has been higher during COVID; she has reviewed the existing document and revamped it. A new section on the website will be focused on community health and outreach. Brief discussion ensued.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/0

 

4. R-21-68 – A resolution amending the Cumberland Traffic Calming Policy and Procedure (Presented by Councilor Magill)

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 3, 2021, BY A ROLL CALL. VOTE 5/0

 

     B.  ORDINANCES – PRESENTATION AND PERMISSION TO ADVERTISE

1.  #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

Referred to the Ordinance Sub-Committee

 

2.  #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

Referred to the Ordinance Sub-Committee

 

10.  PUBLIC COMMENTS

 

11.  ADJOURNMENT

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:50PM, BY A ROLL CALL. VOTE 5/0

 

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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.