MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, DECEMBER 7, 2022, at 7:30 P.M.

CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

 

 

CALL TO ORDER

The regular meeting was called to order at 7:31pm with a roll call of members

 

MEMBERS PRESENT:

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

 

Also present—Mayor Jeffrey J. Mutter; Town Solicitor Kelley Morris Solicitor; Town Clerk Sandra M. Giovanelli; Police Chief Matthew Benson; EMS Chief John Pliakas

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch announced that the Broad Street Revitalization committee will be meeting at 6:00pm on December 22, 2022 at the Filibuster Club.

 

President Kinch recognized the North Cumberland Middle School State Championship soccer team. Coach Mike Dube was present and gave kudos to other town members, groups and the team members themselves. The Mayor presented each team member with a citation and a Blue Marble, inspired by the Blue Mind book and intended to be passed on by the recipient to another person who does a good thing.

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular meeting of November 16, 2022 and the Special Meeting of November 29, 2022.

B.  COMMUNICATIONS

1.  C-22-46 – A notice of public hearings from Attleboro Zoning Board of Review regarding Case#5649 Application from Mike Johnston for Special Permit under 17-3.1 Use Designation for Assessor’s Plat# 49, Lot# 147, Case# 5650 Application from Canna-Farm LLC for Special Permit under 17-10.15 Marijuana Business Uses for Assessor’s Plat 1, Lot#12, and Case#5651 Application 42 County Street LLC for Special Permits for Assessor’s Plat# 31, Lot#243

 

2.  C-22-47 – A resolution from the town of Little Compton urging the Rhode Island General Assembly to Recognize June 19, Juneteenth National Independence Day, as an official Rhode Island state holiday

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

PUBLIC COMMENTS

There were none

 

REPORTS/COMMUNICATIONS

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

 

LICENSES

A. ENTERTAINMENT LICENSE-SPECIAL EVENT

1.  An application for a Special Event Entertainment License from 13^th World for Haunted Trails to be held Friday through Sunday starting September 30, 2023, through October 29, 2023 at Diamond Hill Park

Pending signed agreement, insurance certificate, and promoter’s permit.

 

Ozzie Fortier from Bellingham, MA was present to give a review of the event.

Mayor Mutter expressed concern about ongoing construction at the Park, stating that we don’t know what that will look like at that time, and for the applicant to be aware of potential issues that may need to be addressed at the time of their event.

 

Recreation Director Mike Crawley responded that we should be good by then, and the back of the park should be all set. There might be a little less parking.

 

Mayor Mutter asked to table for two weeks; there is a meeting of the Park Building Committee and he would like to have an update on construction plans.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 21, 2022, BY A ROLL CALL. VOTE 6/1.

Nay: Councilor Bradley

 

2.  An application for a Special Event Entertainment License from Parks & Recreation for a Santa Jeep Parade to be held on December 17, 2022, at Diamond Hill Park.

 

Pending EMS approval.

 

Mr. Crawley gave an overview of the event: there will be activities at the park from 3:00pm-5:00pm followed by a ride through the town. The route is being overseen by the police department.

 

Chief Benson stated that depending on the route there will be an escort car provided by the police.

 

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

 

B. EXTENDED HOURS LICENSE

1.  An application for a 24-hour license from Colbea Enterprises, LLCL d/b/a Season’s Corner Market located at 2095 Diamond Hill Road (Presentation & Permission to advertise)

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING   

1.  #22-05A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended amending the Ordinance and map thereof with reference to Cumberland Assessor’s Plat 016, Lot 0893

 

Applicant is still working with the Planning Board, requesting a continuance until after the January Planning Board Meeting.  Requesting to table to January 18, 2023. 

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 18, 2023.  VOTE 7/0.

 

2.  #22-13A – 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 7, Lot 0237 (last tabled from October 19, 2022)

 

Applicant is still working with the Planning Board, requesting a continuance until after the January Planning Board Meeting.  Requesting to table to January 18, 2023. 

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 18, 2023.  VOTE 7/0.

 

3.  #22-25 – An ordinance amending the Zoning Ordinance and Zoning Map relating to Assessor’s Plat 24, Lots 14 and 409, and Assessor’s Play 25, Lot 22 (Administration) (tabled from October 5, 2022)

 

Councilor Schmitt stated that the Ordinance Sub-Committee had met and tabled the matter and asked to continue. 

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 18, 2023. VOTE 7/0

 

4.  #22-30 – An ordinance relating to the Department of Children, Youth and Learning (Presented by Council President on behalf of the Administration)

 

The Ordinance Sub-Committee met on November 30^th; and asked to table to January. 

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 4, 2023. VOTE 7/0

 

5.  #22-31 – An ordinance relating to salary ranges for the Executive Staff and other positions (Presented by Council President on behalf of the Administration)

 

Councilor Magill stated that the Finance Sub-Committee had met and asked to table the matter for the Mayor to complete some final details. 

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS SCHMITT & SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 4, 2023. VOTE 7/0

 

NEW BUSINESS

 

A.  RESOLUTIONS

1.  R-22-98 – A resolution adopting the Town of Cumberland’s Community Recovery Fund Spending Plan

 

Mayor Mutter stated they were in front of the finance committee with this plan and have created a resolution to bring to the Council. This plan can be amended at any time, and monthly reporting will be provided.

Discussion ensued with the Council.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO CHANGE THE SECTION IN THE PLAN,  “ASSISTANCE TO HOUSEHOLDS/FOOD PANTRY PROGRAMMING”, SO THAT THE AMOUNT UNDER “DESCRIPTION OF THE PROJECT” READS “$50,000.00 TO $125,000.00”. VOTE 7/0.

 

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

 

2.  R-22-99 – A resolution adopting the Town of Cumberland’s Small Business Grant Relief Program Procedures and allocating Five Hundred Thousand Dollars ($500,000) to the Program

 

The Mayor outlined the details of the resolution: All applicants would be reviewed by the independent consultant for compliancy and subsequently sent to a three-member committee comprised of one member from the Mayor’s office, one Council appointment, and one from the Planning Department. President Kinch had also suggested utilizing the decommissioned Economic Development Commission and have a member from that. There are 45 days for applicants to present their materials.

 

The maximum grant size would be $10,000.00 unless otherwise deemed appropriate.

 

President Kinch asked the Town Clerk if she would contact members of the previous Economic Development Committee.

 

Postponing this vote for two weeks and changing the deadline for submissions from 45 to 60 days were discussed.

 

Councilman Metivier objected to holding the process up in any way as so many businesses are struggling from the effects of the pandemic. The businesses on Broad Street alone are still having a difficult time.

 

Councilor Schmitt pointed out discrepancies in the draft and offered to assist the solicitor if she wished.

 

Discussion ensued with the Council. The Mayor asked to table for two weeks.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 21, 2022.  VOTE 7/0.

 

3.  R-22-100 – A resolution authorizing and empowering the Town of Cumberland to provide grant funding to the    Northern RI Food Pantry in an amount not to exceed One Hundred and Twenty-Five Thousand Dollars ($125,000) over a four-year period from the American Rescue Plan Act.

 

Councilor Schmitt had introduced this resolution and gave a brief overview.

 

Pantry board member Richard Telesmanick, 22 Sorrell Road, North Providence, stated the Valley Breeze had reported on his last report to the Council regarding the pantry. That article had brought in substantially more food and volunteers. He had previously talked to the Council about the Thanksgiving distribution of 600 turkeys; they actually took care of 772 families that day. He thanked the Council for the opportunity to present.

 

Mayor Mutter thanked the food pantry for doing an outstanding job. This money is to help their sustainability.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

4.  R-22-101 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with North American Rescue Simulation Inc in an amount not to exceed eighty-two thousand seven hundred and ninety-seven thousand dollars and twelve cents ($82,797.12)

 

Chief Pliakas explained the importance of the simulator in training.

 

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

 

5.  R-22-102 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with CivicPlus for a complete website redesign, website hosting, and security in an amount not to exceed  thirty-three thousand and thirty-five dollars and twenty cents ($33,035.20) over a two-year period

 

CivicPlus representatives Lucas Casey and Nelson Rodrigues were present via Zoom to speak to the process, answer questions, and gave an on-screen presentation.

 

Outreach Coordinator Sarah King stated this is about enhancing the security of the site and the ability to communicate with residents with targeted information that is able to get to them across multiple means. She had asked the CivicPlus representatives to speak to what steps they take in the site redesign to create ADA compliancy.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

 

6.  R-22-103 – Authorizing Mayor Jeffrey J. Mutter and the Cumberland Police Department to purchase Forty-five (45) Body-Worn Cameras in the amount not to exceed $89,328.13 annually totaling $446,640.60 over the course of a 5-year grant period.

 

Chief Benson stated that Axon’s bid came in at $437,683.22; annual payment of $87,536.62. The State of RI has provided a grant, totaling $341,250.00, over 5 years with an annual reimbursable amount of $68,250.00/yr. The town liability would be $19,286.62/annually over five years. Axon is a sole source provider for tasers. The Chief gave thorough details of what is included in the package, explaining how the items operate. 

Discussion ensued regarding the benefits of ordering additional product in the event the police force is able to increase the number of personnel to 50 (fifty) officers.

 

Councilor Schmitt noted that the online link to the resolution would not open and asked several questions of the Chief.

 

Mayor Mutter suggested listing the annual payment to read “Not to exceed $100,000.00” annually, totalling $500,000.00 over the five years”. Solicitor Morris advised limiting the number of units to 50.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO AMEND TO CHANGE LINE 6 TO READ “PURCHASE FIFTY (50) BODY-WORN CAMERAS”; CHANGE LINE SEVEN TO READ “IN AN AMOUNT NOT TO EXCEED $100,000.00 ANNUALLY”; CHANGE LINE 8 TO READ “TOTALING $500,000.00”.  CHANGE LINES 14, 26 AND 34 WOULD READ “FIFTY (50)”, LINES 35 AND 36 WOULD READ “FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS $500,000.00”, AND LINE 37 WOULD READ “$100,000.00 FOR FIVE (5) YEARS” VOTE 7/0.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-22-103 AS AMENDED.  VOTE 7/0.                          

B.  APPOINTMENTS
      ACTING ANIMAL CONTROL ASSISTANT
      1.  Ryan Theroux
No vote was necessary – for notification only.

      LIBRARY BOARD OF TRUSTEES
      1.  Sue Rebelo, term to expire December 31, 2025
      2.  Julie Temlak, term to expire December 31, 2025

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

       JUVENILE HEARING BOARD

1.   Rui Felix (District 5), term to expire December 31, 2025

2.   Chris Mangano (District 4), term to expire December 31, 2025

 

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

 

       PLANNING BOARD

1. Steven D’Ambrosia, term to expire January 31, 2026 (Council at-large appointment)

2. Gregory Scown, term to expire January 31, 2026 (Council at-large appointment)

3. Kenneth Bush, term to expire January 31, 2025 (Mayoral appointment District 4)

Councilor Beaulieu noted for the record that she felt that the Planning Board deserved credit for being thoughtful and fair in its recent decisions.

 

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

 

       ZONING BOARD

1.   Roger Robert Chaput, term to expiring December 31, 2027 

2.   Chris Alger (Alternate), term to expiring December 31, 2023 

3.   Diane Emerson (Alternate), term to expiring December 31, 2023 

 

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

 

    C.  ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE

1.  #22-32 – An ordinance naming the driveway between Town Hall and 16 Mill Street (Presented by the Council President on behalf of the Administration)

 

Referred to the Ordinance Sub-Committee

 

PUBLIC COMMENTS

Mayor Mutter stated that Town Sergeant Ray Lane was really on his game tonight. He has said it before, and tonight Mr. Lane comes up with the correct name for Mr. Chaput.

 

Councilor Beaulieu noted that on the Town’s website there is a vacancy for the school committee to fill an at-large seat, to be filled by written ballot by the town council for the term of the seat. She noted the deadlines for application. As a past at-large member of the School Committee Ms. Beaulieu stressed the importance of the position.

 

ADJOURNMENT

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:21PM. 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.