MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 16, 2022 AT 7:30 P.M.

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

45 BROAD STREET, CUMBERLAND

OPEN SESSION

 

The regular meeting was called to order at 7:34pm with a roll call of members

 

MEMBERS PRESENT:

President Kinch, Councilors Shaw, Metivier, and Schmitt

Present via Zoom: Councilors Magill, Shaw, Beaulieu and Bradley

Also present – Mayor Jeffrey J. Mutter, Town Clerk Sandra M. Giovanelli; Finance Director Gene Ferrari; Town Solicitor Kelley Morris Salvatore;

 

MEMBERS ABSENT:

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch announced that the second public hearing of the American Rescue Plan Act Refunding would be held on February 22, 2022 at 6:30pm.

 

Mayor Mutter reported that there are Zoning Board vacancies that need filling.

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular Meeting of February 2, 2022 and the Joint Meeting of February 8, 2022

 

B.  COMMUNICATIONS

1.  C-22-05 -  Resolution from the Town of Tiverton requesting an increase in the number of Basic Police Training Academy, and requesting changes to R.I. Gen. Laws §§ (c) and (d)

 

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

 

PUBLIC COMMENTS

None.

 

LICENSES

A.  JUNK & SECONDHAND DEALERS LICENSE

1.   A transfer application for a Junk & Secondhand Dealers License for AChase Recycling, LLC located at 79 Garden Street from Benjamin Majeau to Aaron Ricci

 

Applicant Aaron and Bill Ricci were present. Aaron stated they realize there are two major problems which they are getting complaints on: one is with vehicles backing up down the street, and also vehicles speeding down the road. By creating a turnaround area at their business they have gotten vehicles to stop backing down the street for the last six months. They have posted signage in their office asking customers “as a courtesy to our neighbors, please obey the speed limit” and were asking the town to put speed limit signs put up along their street.

 

Councilor Metivier thanked Mr. Ricci for meeting with him yesterday to discuss these issues.

 

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

 

B.  SPECIAL EVENT ENTERTAINMENT LICENSE

1.   A request for a special event entertainment license for the Cumberland Parks and Recreation Food Truck events to be held at Diamond Hill Park on April 28, May 19, June 16, July 21, August 18, September 17, 2022. Rain/make up dates: June 30, July 12, August 20, September 1 & 24, October 1, 14 & 15, 2022

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, PENDING $3,000,000.000 INSURANCE CERTIFICATE, COPY OF CATERER’S LICENSE AND SIGNED LEASE FROM PVD AND TRINITY BREWHOUSE, BY A ROLL CALL. VOTE 7/0

 

REPORTS/COMMUNICATIONS

A.  Presentation of Franklin Farm Association’s Annual Report

Franklin Farm Association President Pam Thurlow and Robert Mudge gave a verbal and video presentation 
illustrating the activities, projects and successes of 2021.

 

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

 

C.  A request from the Tax Assessor to review and approve January 2022 abatements and supplemental bills  

President Kinch stated that there were no abatements or supplements for January 2022.

 

D.  Update from the School Committee

School Committee member Denis Collins presented the following information:

·         Community School’s playground surface area needs enhancement in year one rather than year two

·         The FY23 budget will be presented to the School Committee in the next few weeks

·         Masking in schools will be voted on the next evening – Superintendent Thornton supports parental choice in optional mask wearing

·         School vacation is next week

E.  Monthly/Quarterly Financial Report ending January 31, 2022.

           Budget to Actual

Mayor Mutter stated that the audit will be forthcoming soon. He hoped that with some state reimbursements and funding the town should be in good shape with the budget and not in a position of having to add any tax revenue.

 

F.  Check registers for January 31, 2022.

 

G.  Department Reports

1.  Animal Control

2.  Building Official

3.  Library

4.  Parks & Recreation

5.  Planning Board

6.  Police Department

7.  Senior Services

8.  Town Clerk’s Office

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #21-30 – An ordinance relating to Parks & Recreation (Presented by Council President on behalf of the Administration; tabled from January 19, 2022)

 

Councilor Schmitt asked to table this until March 16, 2022.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU & METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 16, 2022, BY A ROLL CALL. VOTE 7/0

 

B.  RESOLUTIONS

1.  R-22-01 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with the RI Department of Transportation to assume the maintenance of the Diamond Hill Road Roundabouts   (tabled from February 2, 2022)

 

Town Solicitor Kelley Morris Salvatore reported that they were waiting for some requested changes to be approved by the Department of Transportation and asked to table to the next meeting.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 2, 2022, BY A ROLL CALL. VOTE 7/0

 

NEW BUSINESS 

A.  CLAIMS

      1.  Ronald McLacken  

Referred to the Finance Sub Committee

 

      2.  Mr. & Mrs. Thomas Hmiel

Referred to the Finance Sub Committee

 

      3.  David Bliss

Referred to the Finance Sub Committee

 

B.  RESOLUTIONS

1.  R-22-13 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Applied Geographics, Inc. in an amount not to exceed ten thousand dollars ($10,000.00)

 

Town Clerk Sandra Giovanelli stated she anticipates receiving the state’s changes to the voting district lines as a result of the census soon. We need to start redrawing our lines locally. We have used Applied Geographics to help in the past and prefer to have them do the entire project with assistance of our staff.

 

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

 

2.  R-22-14 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Pare Corporation for a Town wide sidewalk assessment in an amount not to exceed forty-five thousand two-hundred and eighty dollars ($45,280)

 

Mayor Mutter brought to the Council’s attention that line 35 has the figure listed at forty-two thousand instead of forty-five and asked for it to be corrected.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 35 TO READ $45,280.00 INSTEAD OF $42,280.00, BY A ROLL CALL. VOTE 7/0

 

Mayor Mutter gave a brief overview of the resolution, and referenced the city of Ithaca, New York as a guide.

 

Pare Corporation representative John Schevlin explained how they would approach the project, coordinate with the schools and businesses, and hold two community meetings to hear from the public. Following a review they would provide an analysis and proposal; he anticipated this would take approximately 6 months to complete.

 

Discussion ensued with the Council.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-22-14A AS AMENDED, BY A ROLL CALL. VOTE 7/0

 

3.  R-22-15 – A resolution requesting the General Assembly to amend legislation regarding tax classifications

                                      

Solicitor Morris-Salvatore stated that the Department of Revenue has brought to our attention that although we have a 2018 ordinance on the books, there’s no enabling statute to allow for a difference of more than 50% in most years and 200% in the revaluation years. We’re asking for legislation for the tax assessor to decide what’s appropriate for your tax rates without having this formula that limits you to 50% or 200%.

 

Discussion ensued with the Council, Mayor and solicitor.

 

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

 

4.  R-22-16 – A resolution requesting the General Assembly to amend legislation regarding tax sales

 

Solicitor Morris-Salvatore explained this resolution as simply enabling the council to transfer tax sale properties to the Land Trust for less than the redemption amount and gave an example of how it would function.

 

Land Trust Treasurer Joe Pailthorpe thanked the administration for putting this legislation forward.

 

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

 

5.  R-22-17 – A resolution requesting the General Assembly to amend legislation regarding street abandonments

 

Solicitor Morris Salvatore gave a brief overview of the process.

 

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

 

D.  ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE

1.  #22-04 – An ordinance relating to plain language of ordinances, resolutions, and other documents (Presented by Councilor Magill)

Referred to the Ordinance Sub-Committee

 

2.  #22-05 – 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

Referred to the Ordinance Sub-Committee

 

3.  #22-06 – An ordinance establishing salary ranges for the Executive Staff and other positions (Presented by Council President on behalf of the Administration)

Referred to Finance Sub Committee

 

4.  #22-07 – An ordinance relating to sewer charges (Presented by Council President on behalf of the Administration)

Referred to Finance Sub Committee

 

Councilor Schmitt asked to schedule an Ordinance Sub Committee meeting for February 23, 2022 at 5:30pm.

 

PUBLIC COMMENTS

 

ADJOURNMENT

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:04PM, 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.